Utah Wingmen for Property Tax RE-FORUM ( REFORM )

"To sin by silence when they should protest makes cowards of men."

2008-03-09T07:58:00.000-07:00

"To sin by silence when they should protest makes cowards of men." Abraham Lincoln

Greetings friends and neighbors,

Many of you read this blog not because you agree with everything I have to say, but because you trust me to say it plainly and clearly without regard to any predispostions, or superficial politically correct nonsense.

This however, is my final blog entry. At my age I must take charge of my own health, happiness and that of my family. I hope you will understand.

I have recently spent six months trying to help all my neighbors in the district and community with their tax appeals and questions. And I finally have realized only legislative action will correct the injustices being suffered by so many due to onerous property taxation. My town is rapidly becoming a caretaker community without young people. Non resident part time vacation home owners are dominating once vibrant and thriving neighborhoods.

The more learned about state politics it is obvious the legislature has been taken over by real estate and developer interests. And fully half of the legislature is corrupted by real estate money. They must be taken on or the little people will continue to be ground into the dust while this nefarious influence continues to line its pockets at the little people's expense.

The local representative is so ignorant of what constitutes a conflict of interest he can not properly fill out a State COI Declaration. His two years in office have produced multiple Realtor Association sponsored (and perhaps authored) legislation, subdivision approval law which enables developers to bypass local planning commissions, and for two years he has sponsored a draconian deferral of property tax bill, also favored by his parent organization - the Realtor Association. A bill so disgusting I can not even repeat it here. (HB 357, 364, 463, 296, 78, 290) And he sat by as HB 466 "The Developer's Dream" Bill was passed without so much as a question. And after more than a year he waited until this 2008 session was almost finished before obvious "grandstanding and theater" lip service ineffectively for both this issue, as well as property tax reform.

Few if any seats in Weber County have four candidates, which should tell the GOP just how weak and dismal District 8 seat has performed. And if they were smart they would elect delegates to nominate another candidate instead of the incumbent. But no one is holding their breath, as the caucuses have been flooded with his relatives.

My family and I , do to a recent town council decision, have elected to make other plans for the future. Life is just too short to do otherwise.

Friends and neighbors scattered across this State have offered support as "soldiers" in the campaign. Many have begun to send unsolicited very generous donations and offers for full financial support. All I can say is a heartfelt thank you. Your donations will be returned and let's keep in touch. I wish you all the very best in the future.

Perhaps it is right that my little town become a ghost town of caretakers, except for wealthy non resident homeowners, to the delight of the Realtor Association and developer community. The Huntsville Town Council wills it so.

Minor Machman

Session Wrapup Report

2008-03-06T06:58:00.000-08:00

Greetings friends and neighbors,

I thought you might like to know what actually happened this session relative to property taxation issues and how the effort fared.

"It is 2 a.m. and the session is over. Despite our efforts, little was accomplished on the property tax side with the exception of killing bad bills such as tax deferral and creating special benefits for limited numbers of property tax payers.

We did introduce the AV concept but there just wasn't any urgency felt on the part of legislators to deal with property taxes.

Legislators were much more concerned about illegal immigration because that poses the most immediate threat to their reelection. People who would never have voted for an immigration bill were falling all over themselves to cast votes on these bills in order to show that they are doing something.

This is a good lesson for us. We need the same urgency if we are to pass property tax reform. Also, we need a carefully planned "messaging" program in order to get property taxes through. Many immigration bills passed because we put the focus on identity theft and got the veterans groups involved.

Property tax bills that passed included Harper's HB54 which requires annual (computer assisted mass) reassessments in the bigger counties, SB29 which makes relatively minor changes in Truth In Taxation (drops the voter approval for tax increases above inflation thanks to our legislature), and SB38 - Transparency, which now only applies to state government. (The Association of Counties. Utah League of Cities and Towns , etc. and their lobbyists killed accountability of County Governments. Another example of our tax money being used to lobby against we the people, yet for hiding accountability from we the people.)

The extra sessions of the Revenue and Tax Committee that were to study property taxes was rolled in with a couple of task force bills as HB490. That bill died on the House calendar so there is no formal authority for extra sessions of the Revenue and Taxation Interim committee to study property taxes. When I talked to Senator Niederhauser around 1 a.m., he indicated that the funding had been set aside for five extra Rev and Tax Committee sessions and he thought that he could get the extra committee sessions without a formal resolution.

The bill to replace the school portion of the property tax with the sales tax went no where and the property tax for reading programs was not repealed.

For those of you in St. George, Senator Hickman announced that he will retire from the Senate at the end of his current term. The word is that Steve Urquhart will go for his seat. I hope this makes sense. It is late and I'm really tired."

Thanks Ron from us all. You should be in the legislature if the people in Davis County only knew who and what they were voting for....

Namaste,

Minor Machman

News Release, D-Bell announces for District 8 seat currently held by Gage Froerer.

2008-03-04T17:51:00.000-08:00

For more information Contact: Don Bell (“D-Bell”) at (801) 745-1419,dkbell266@yahoo.com

FOR IMMEDIATE RELEASE
March 4, 2008
D.W. Bell announces his candidacy as a Democrat for the Utah State LegislatureDistrict 8 seat currently held by Gage Froerer

OGDEN – Don Bell, a decorated combat pilot as well as ("in")famous F-16 testpilot, announced today, March 4, that he will challenge Representative Gage Froerer for District 8 seat in the Utah Legislature.

“Enough is enough, it’s time to send people to Capitol Hill who will represent all the people and not just special interests, it is time to bring some integrity back into the people's business” Said Mr. Bell.

“While the people of District 8 were being abused by horrific property taxes, my opponent was ineffective and participated in a propaganda campaign for 5 months against true property tax reforms. It is time to hold him, and the special interests he represents, accountable for the ineffective leadership and representation. My opponent has represented his own business interests and those of his cronies in the Realtors Association and development industry, while neglecting his constituents.”

D-Bell has fought for taxpayer rights in Ogden Valley. He has worked to form coalitions across Utah to lobby for property tax fairness and reforms while assisting many of the elderly with their property taxes.

When elected he will demand fiscal accountability and transparency from government and strict oversight of developers and their sponsored legislation at the expense of the people.

“When my wife Kay and I chose to retire in Utah in 1978 the state was a frugal, conservative and well run place to raise our family. The political times have changed since then and we now find ourselves governed by a consortium of special interest groups and their well placed elected operatives. We must clean out those who have infiltrated our legislature and return to basic logic and common sense legislation. In order for our greatest legacy, our children and grandchildren, to be able to afford to live here we must lower taxes and clean up the way things are run in state government."

Mr. Bell is on record as stating: “I will continue a relentless fight for lower taxes, significant property tax reform, ethics and campaign finance reform, which I believe most Utahns favor, yet our current representative has rejected for 2 years."

Mr. Bell's stand on gifts:

"I do not understand how gift accepting could be a part of Utah politics. All gifts and large campaign donations come with expectations."

"My pledge is to not accept any “gifts” of any value from anyone after I'm elected. During the campaign I will only accept contributions in small amounts and from individuals only. I will not accept special interest or political lobby money in any amount."

"As a United States Air Force fighter pilot I accepted no gifts or bribes to do my duty, and as a representative of the people of district eight I will accept no gifts in any amount for my service."

"My opponent and his Realtor and developer cronies are a big part of the problem, not a part of the solution. It is time for a change”

Background:

D-Bell has lived in District 8 for 18 years and in Utah for 30 years. He and his wife of 42 years, “K-Bell”, raised two children in Davis County while he served as the Chief F-16 test pilot at Hill AFB.

Both D and K-Bell grew up in Southeast Arkansas. He worked to put himself through high school and the University of Arkansas (BA Business) and the University of N. Colorado (MA). After a year working on the Gemini Project in St. Louis, Bell joined the US Air Force where he completed pilot training. For the next 20 years he was on a mission for his Country. In Viet Nam he flew 188 combat missions in F-4 fighters. He was awarded two Distinguished Flying Crosses and thirteen Air Medals, with 29 awards and decorations.

After the war he was selected for a special assignment with the Marine Corps where he attended Navy Top Gun school. While on his only staff assignment Bell helped to create and flew in an unprecedented 5 nation, 3 year, F-16 flight test program, based out of Hill AFB. He worked persistently with integrity and at times audacity, to insure a new concept of F-16 interoperability was successfully integrated into the European theater and NATO. Back at Hill AFB Bell flew production flight test missions. Returning to civilian life, Bell supervised engineers at Hill AFB for General Dynamics, for ten years before retiring.

Candidate Pledge:

D-Bell’s professional experience, honesty, tenacity and character will help all citizens of Utah, especially those concerned about legislative ethical behavior. He will work year round, without any conflicts of interest, representing his constituents ethically, honestly, and with dignity and professionalism.

Local Opinions: Political competition needed in "Weber County" too.

2008-02-27T20:48:00.000-08:00

Greetings gentle readers,

What is becoming one of my favorite newspapers, The Daily Herald, from the Orem-Provo area has published a "local opinion" by George Handley.

Believe it or not, George is apparently a BYU professor, native Utahn, Provo citizen, practicing Mormon and a life long Democrat. But that is OK, because I think after you read what George wrote you (like myself) will agree with the man.

And I hope you will carefully consider what Mr. Handley has to say.

The Rinos (Republicans in name only) most of whom have shown us just how corrupt they actually are...and who refuse Ethics reforms, campaign finance reforms and significant property tax reform, are as stilted and dirty as the money they have extorted and embezzled from us and from "special interests".

And like motor oil after 6,000 miles, their lubrication of Real Estate and Developer skids has left us citizens with worn patience, friction between property taxpayers, and chafed citizens due to conflict of interest, dirty, and unfiltered (by logic and common sense) legislation.

This session will undoubtedly go down as one of the most shameful and disgusting legislative sessions in history. To attempt to salvage incompetence and disinterest in record numbers of citizens voices, by 5th week desperate sideshow theatrics, knowing full well it is political grandstanding, is beyond political forgiveness.

We asked for property tax reform - we got nothing.

We asked for property tax relief - we got nothing.

We asked for common sense taxation on three-acre minimum size lots - we got nothing.

We asked for ethics reform - we got nothing.

We asked for campaign finance reform - we got nothing.

We ask simply to live in freedom and liberty - instead we got HB 466 taking those constitutional rights away from some of us by developer friendly legislation.

We asked that it be repealed - we are getting a political sideshow and grand standing.

We asked for a Blue Ribbon Study commission to research property taxation best practices - we got a GOP lead and majority of incestuous legislators funding themselves to waste our tax money further and more importantly slow roll and significant property tax reform measures. The findings will have no credibility and they were told specifically they must have citizen participation and involvement - we got nothing but fraud, waste and abuse.

And there was more. Much more...one in four bills introduced, at minimum, were conflicts of interest. For example according to the Deseret News, "• Rep. Gage Froerer, R-Huntsville, a real estate broker, introduced four bills dealing with real estate law. " And he was involved in every one of the "we got nothings" detailed above.

If you are not convinced that Mr. Handley is correct about it being time to seriously consider voting for Democrats to replace Republican incumbents in Utah, you need to reconsider your grasp on reality. And you need to consider if the present one party legislature, left unchecked another session, will leave any Utah citizen with any rights.

"Democracy is based on the conviction that man has the moral and intellectual capacity, as well as the inalienable right, to govern himself with reason and justice." Harry S. Truman

We all need to ask ourselves if we think we have been "governed with reason and justice." If you think you have been...then "I got nothing for you but hope for the future and for change."

Namaste,

D-Bell

Monday, 25 February 2008
Local opinions: Political competition needed in Utah County
Daily Herald
George Handley

As a college student twenty years ago, I traveled behind what was once known as the Iron Curtain and saw firsthand how a single-party system creates a culture of public disengagement with politics. I learned that democracy without political plurality is not the rule of the people but the rule of hardened tradition and capricious power. Political competition keeps parties answerable to the people about what they are doing and why.

In Utah County (and I believe also in Weber County. machman), however, I believe we have seen a slow and steady erosion of democracy. We have seen many Republicans chosen for, not elected to, office and many who have never run against opposition.

Without a single statement from LDS church leadership to back it up, we have heard for years the empty claim, if not the unspoken assumption, that "good" Mormons can only be Republicans. This, a myth that makes reason stare not only in a plural society like America but in an increasingly international church, not to mention in a party as apparently inhospitable to Mormons as Mitt Romney's party is. Perhaps Romney's fate stings, but his spurning by the evangelicals comes as no less an assault than that experienced by Mormon Democrats in Utah culture for some time. Recently, I read one Republican incumbent in Utah County express "surprise" that a Democrat, and fellow Mormon, would choose to run against him. Surely such surprise is a symptom of a broken system.

Freedom depends on diversity. It is not secured through staid tradition, chauvinism, censorship, or intimidation. Consensus that relies on habitual and categorical trust of some and distrust of others is a threat to the free flow of information and to freedom itself. Freedom is secured in a culture that acknowledges diversity of opinion and celebrates genuine exchange of ideas. In a culture of exceptional homogeneity of belief, the preservation of political openness is even more vital. I suppose this is the same reason why the LDS church depends on councils, counselors, and auxiliaries. It impoverishes a church, as it does a plural society, for anyone to feel shamed merely because of a difference of opinion, as if holding a minority viewpoint were necessarily a symptom of following the wrong spirit.

In a single-party political culture like we have here in this county, our choices have become less meaningful because they are too few and too predictable. I believe this contributes to the growing public disengagement in local politics. Once our state officers are no longer answerable to us, there is nothing left for them to do but to try to distinguish themselves by being the most conservative crab in the barrel. Utah's political dramas have been reduced to a battle between moderate Republicans and the vocal extreme right wing, a group who have made it necessary for the otherwise politically reticent LDS church leadership to speak out in order to rein them in on such issues as immigration and gun control. As we saw in the voucher battle, the energy spent on these battles has drawn the Republican Party farther to the right and away from the middle where most Utahans find themselves.

Diehard straight party voters do a disservice to their own party and to democracy itself. I would like to challenge my Republican and unaffiliated friends to take a closer look at the Republican Party's political behavior in the state legislature. An honest look reveals a crying need for a more balanced two-party system. The Democrats who have announced their candidacy for state office in Utah County (an soon to be in Weber County, machman) thus far deserve close attention and, I submit, active support, not a partisan knee-jerk dismissal. They are socially conservative, morally upstanding, visionary, and well-seasoned by experience. Their political ideals are arguably more consistent with most polls regarding Utah voters' values on education, environmental stewardship, health care, and immigration than those currently in office. And even when they present new and challenging positions, maybe there is something we can learn by listening.
George Handley, a humanities professor at Brigham Young University, is a native Utahn and citizen of Provo, a practicing Mormon, and a lifelong Democrat.

Amen brother Handley!!

Machman

PIG --Soooie!!! (2), 56% of House on the take, + gifts, improper use of campaign donations and more

2008-02-26T09:38:00.000-08:00

The first figure is the conservative amount of monies taken from the Realtor, Developer, and Real Estate Finance special interests in 2006.

The second larger figure is the Total 2006 amount contributed by "special interests".

And the last two digit number (1-39) is a footnote which corresponds to notes which reveal additional special interest money given in the form of Jazz & concert tickets, meals, junkets (trips), green fees, etc.

Representatives:

Douglas Aagard* $4,050 $12,951
Sheryl Allen 3,300 37,829
Sylvia Anderson 3,500 30,560
Roger Barrus* 3,400 8,601
Ralph Becker* (D) 6,000 32,748
Ron Bigelow 5,000 37,101
Jim Bird 1,800 23,076
Jackie Biskupski (D) 5,000 48,412
Demar Bowman 2,550 13,351 (14)
Mel Brown 3,500 28,621
Gregg Buxton* 5,850 16,626
David Clark** 15,602 68,092 (15)
Stephen Clark* 3,950 18,501
Tim Cosgrove (D) 2,300 24,928 (34)
Greg Curtis** 52,366 309,129 (16)
Brad Daw* 4,400 15,551
Brad Dee** 10,719 50,385 (17)
Glenn Donnelson* 1,600 6,902
John Dougall* 4,800 16,541
Jack Draxler* 3,350 12,676 (18)
Carl Duckworth* (D) 5,823 22,657
James Dunnigan* 8,100 31,505
Ben Ferry 3,450 23,226
Janice Fisher (D) 750 16,834
Julie Fisher 2,800 14,600 (19)
Lorie Fowlke* 3,900 10,325
Craig Frank* 4,100 17,790
Gage Froerer* 14,500 47,199
Kevin Garn* 3,950 13,626
Kerry Gibson* 4,893 22,788
James Gowans (D) 2,333 24,347
Keith Grover* 4,250 17,745
Neil Hansen (D) 3,574 20,485 (20)
Wayne Harper 1,800 11,450
Lynn Hemmingway(D) 1,050 25,805
Neil Hendrickson* (D) 4,006 15,307 (21)
Christopher Herrod* (appointed mid-term)
Kory Holdaway* 4,000 18,541
Gregory Hughes* 10,650 42,469
Fred Hunsaker* 3,600 15,267
Eric Hutchings 3,800 19,765 (22)
Christine Johnson* (D) 2,250 45,100
Brad King (D) 2,250 14,251
Todd Kiser 4,650 23,666 (23)
Bradley Last* 6,000 24,801
David Litvack (D) 4,572 29,638
Rebecca Lockhart* 10,300 43,111 (24)
Steven Mascaro 2,500 21,900 (25)
John Mathis 0 100
Roz McGee (D) 6,250 42,295
Kay McIff* 2,300 11,421
Ronda Menlove 4,800 24,975 (26)
Karen Morgan* (D) 7,848 36,188 (27)
Michael Morley* 7,150 21,301 (28)
Carol Moss (D) 1,800 20,868
P. Neuenschwander* 7,324 35,537
Merlynn Newbold 2,800 17,050
Michael Noel 3,300 16,926 (29)
Curtis Oda* 7,000 28,829 (30)
Patrick Painter* 3,600 13,166
Paul Ray* 5,500 19,336 (33)
Phil Riesen (D) 1,750 45,897
Stephen Sandstrom 2,250 46,072
Jen Seelig (D) 2,400 26,453
Lou Shrutliff*(D) 5,590 25,039
Gordon Snow* 7,400 19,776
Ken Sumsion 2,800 22,538
Aaron Tilton 3,300 18,572
Stephen Urquart** 12,000 63,726 (31)
Mark Walker* 10,000 49,241
Mark Wheatley (D) 1,300 19,050
Richard Wheeler 3,800 20,351
Larry Wiley* (D) 5,050 24,402
Carl Wimmer** 5,500 51,585 (32)
Scott Wyatt* 3,850 9,496

41 of 75, or 56% of our House of Representatives receives more than 20% of campaign funds from Realtor/developers, construction, real estate finance special interests.

*combined contributions which include 20% or more including the candidate if that candidate is in the Real Estate/Development business.
** Based upon taking more than $50,000 a year over an above pay and benefits, per diem, mileage, and lodging during regular sessions and interim work sessions, for a volunteer public service job.

Legislators are paid for the days they are in session (45 days). The Compensation Committee elected to set up pay such that income tax deductions are maximized. In addition to paid days ($130) which can include extra days in “Interim sessions” they receive mileage ( .45 per mile) and per diem ($54/day) for meals, plus lodging ($94/night) even though 70% of them drive home most nights of the 45-day session.

The Gift Taking Story:

The “gifting” shown below is either money they spent from the “campaign funds” or additional “gifts” they accepted from special interests/lobbyists. You should notice in many instances our legislators have very different ethical standards when it comes to spending “free money”. Money given them by special interests which have expectations and who have invested in them with these expectations. The legislator’s rationalizations are almost humorous if not sadly true.

“One simple set of facts — not accusations — makes my point: In 2007, Utah's 104 part-time legislators took in a total of $250,000 in gifts from registered lobbyists — who, by a law I'm sure many lawmakers regret ever passing, requires lobbyists to list how much they spend on legislators.
In some other states, or even Congress, such gift-taking might be called "legalized bribery" — as indeed it has been called in Congress. But not in Utah. In Utah, it is the cost born by many lobbyists (although certainly not all) in trying to influence the Legislature.” Deseret News, 22 Feb. 08.

You should be able to see who your legislators are, what they are taking in and then decide for yourselves whether an incumbent or challenger should get your vote.

In summary, legislators spent at least $22,000 on cameras, TVs and computers which can be used for both campaign and personal use.
-At least $26,750 to put relatives on payrolls.
-$1,125 of campaign funds to park their vehicles.
-at minimum $13,500 to join or pay dues to a variety of political and civic groups.
-$48,200 to charities which could help build good will; fund for Crandall Canyon Mine disaster victims ($3,100),; Boy & Girls Clubs ($2,675);, Boy Scouts ($800); Human Rights Campaign ($700); schools, junior livestock shows, environmental groups and service organizations.
They gave a minimum of $81,600 to each other and political groups or parties.

40 of 55 (72%) of Republicans voted against lobbyists naming lawmakers who accept meals valued at less than $50. 20 Democrats voted for the measure apparently.

Friends and neighbors,

This "ethical absenteeism" has turned me into a Democrat...at least a Utah Democrat, meaning a very moderate fiscally conservative and responsible Democrat. The GOP Elephants have forgotten and therefore lost their way - except to the bank. One must ask themselves "If they can not run an efficient and fiscally responsbile, accountable and efficient campaign, how on earth do we expect them to run a fiscally responsible, accountable and efficient State government?"

D-Bell

1. Senate Majority Leader Bramble, R-Provo accepted dinner cruise and accepted the most disclosed gifts of any legislator last year – worth $1,170. “What I took last year in gifts was fully disclosed. We have transparency. We discuss this every year…and the feeling of the Legislature is that we have adequate disclosure.” $846 in meals; $200 in Utah Blaze tickets; $05 for a Great Salt Lake cruise; and $29 in Utah Jazz tickets. (Bramble had hundreds of dollars in Jazz tickets from Lockhart before Bramble paid Lockhart back for those events.) He went on a Great Salt Lake cruise ($107). $4,475 taken from lobbyists in gifts valued at more than $50 a day.
2. Senator Chris Buttars, R-West Jordan, bought $149 in clothes with campaign funds and also had his car repaired ($2,500). He also spent $214 to a car dealer to “upgrade OnStar”. He spent $5,243 on personal expenses.
3. Senate Minority Leader Mike Dmitrich, D-Price, took $1,083 in expensive tickets, meals and other items valued at more than $50. $6,777 in gifts costing greater than $50, and a $1,700 round trip to Florida to “look at a special interest’s privatization efforts. And then took in a lobbyists paid round of golf.
4. Sen. Dan Eastman, R – Bountiful, $500 for Jazz front row seat. But claims he paid Stokes for the ticket.
5. Sen. Brent Goodfellow, R-West Valley, gave himself $50 every couple of months for “gasoline use” in driving around his Salt Lake County-based district. Also used campaign funds to pay for passports or visas $120.
6. Sen. Patricia Jones, D-Holladay, accepted four tickets @ $97/ticket ($388) and vowed to reimburse Blue Cross and Blue Shield lobbyist Jennifer Cannaday.
7. Sen. Mark Madsen, R-Lehi, had a long list of interesting campaign expenditures, including some big money for baby-sitting, attending sports events and maybe helping relatives. Paid his brother to run $12,000. $4,540 on baby-sitters and nannies. $97 for membership in and neckties by Accuracy in Media. $79 on family meals and parking for family events at the theater, planetarium and museums. And he spent $589 on a digital camera. $37 for a Utah Valley University shirt. All from “campaign funds”.
8. Sen. Wayne Niederhauser, R-Sandy, paid himself $30,500 for loans to earlier campaign.
9. Sen. Ross Romero, D-Salt Lake City, accepted two $97 ($194) concert tickets. He also spent $6,972 on personal expenses. He said he paid for conferences he attended that had to do with his legislative work.
10. Sen. Howard Stephenson, R-Draper, also accepted two $97 ($194) concert tickets. “The good Senator from Draper went on a nine-minute rant about how bad and evil the media was on reporting on lobbyists’ gifts, and how appropriate it was that lawmakers take dinners and Jazz tickets to ease the pain of being away from hearth, home and family.” YGBSM!
11. Senate President John Valentine, R-Orem, raised the most in “campaign contributions” during 2007, the off-year, from special interests at $78,641. “legislators used at least $108,500 for travel, much of it outside of Utah to places such as China, by Senate President John Valentine and U. S. sites including Alaska; Orlando, Fla.; San Francisco,: Nashville, Tenn.; san Diego, Calif.; Boston; Savannah, Ga.; Chicago; Jackson Hole, Wyo.; Seattle; and Washington, D.C. He paid for passports and visas and other gifts worth $849, fifth on the taking rankings behind Clark, Dmitrich, and Bramble. Valentine said he considers eating a meal on a lobbyist’s “dime” is part of doing his legislative work because he is giving his time to the lobbyist.
12. Sen. Darin Peterson, R-Nephi, accepted a cruise on the Great Salt Lake from lobbyists ($107).
13. Sen. Michael Waddoups, R-Taylorsville spent $85 on either a wedding gift or birth.
14. Rep. Bud Bowman, R-Cedar City, spent $60 on dry cleaning another $49 for shirts.
15. Rep. House Majority Leader David Clark, R-Santa Clara, says no legislator runs or serves believing he’ll make money. Instead, it costs legislators to serve. Clark ranked fourth in overall gift receiving at $862. Clark was also mentioned for travel expenses to Germany and U.S. sites including Alaska; Orlando, Fla.; San Francisco; Nashville, Tenn.; San Diego, Calif.; Boston; Savannah, Ga.; Jackson Hole, Wyo.; Seattle; and Washington, D.C.
16. House Speaker Rep. Greg Curtis gave a $50 gift for either a birth or wedding. Curtis also accepted wedding gift to daughter for $83.77 from CEO of Utah Realtor Assoc., Kyler.
17. Rep. Brad Dee, R-Ogden received four $97 tickets ($388) for a concert.
18. Rep. Jack Draxler, R-North Logan gave himself $6,300 in cash from campaign funds for what he simply listed as “income”. Draxler said he earns “substantially more” each day as a self-employed appraiser than he does as a legislator. That $6,300 is actually reimbursement for lost wages during his legislative work, he said. And he accepted $235 in Utah State football tickets.
19. Rep. Julie Fisher, R-Fruit Heights, paid herself for loans ($100).
20. Rep. Neil Hansen, D-Ogden, went on the Great Salt Lake cruise ($107).
21. Rep. Neal Hendrickson, D-West Valley, spent $185 on dry cleaning or cleaning and $75 for a sports coat.
22. Rep. Hutchings spent $61 in dress shirts from Mervyn’s and $120 for shirts and $365 for suits and shirts say it was a “50-50 match with personal funds”.
23. Rep. Todd Kiser, R-Sandy, spent $70 on a freeway HOV-lane pass and a new suit at the Mr. Mac sale $169 and he also paid $90 for special legislative shirts from the legislature’s “third House” operation. Another $59 on “candy for Halloween”. He spent another $170 on weddings or births gifts. $558 from “campaign donations”.
24. Rep. Rebecca Lockhart, R-Provo, gave $5,000 to her husband, Stan Lockhart, for his successful campaign to become chairman of the Utah Republican Party. Of course the Utah County Republican Party just had contributed the same $5,000 to her “campaign” prior. Golf green fees fro Utah Realtor Assoc. Kyler $88.86.
25. Rep. Steve Mascara, R-West Jordan, repaid himself $2,500 for a loan he made to his campaign. And also $814 for “auto expenses” at car repair shops or dealerships.
26. Rep. Ronda Menlove, R-Garland, went on the Great Salt Lake cruise ($107).
27. Rep. Karen Morgan, D-Cottonwood Heights, spent $40 of campaign money toward a passport.
28. Rep. Mike Morley, R-Spanish Fork, used campaign funds to pay a $10 “parking ticket” to Salt Lake City.
29. Rep. Mike Noel, R-Kanab, spent $68 on dry cleaning; uses his campaign account to
pay for gasoline used to drive around his eight-county district although he receives mileage reimbursements for travel to Salt Lake City. He spent $3,600 in partial rent for a Salt Lake apartment last year. And another $656 for “rent paid for part of session” in Salt Lake City. He gets $90 a day for hotel stays. He also uses campaign funds to pay for cleaning his suits and shirts.
30. Rep. Curtis Oda, R-Clearfield, spent $443 for “legislative shirts”, $364 at Nordstrom for his wife’s dress fro swearing-in ceremony; $101 expense for a dress for a ball; $177 at Macy’s for a suit for her; $211 at New York Lerner went for “event clothes” for his wife; and $21 at Forever Young to buy her some Western boots. Oda spent $21 at Ream’s on his Western boots. And he spent $32 on dry cleaning or laundry. Let’s see $1,317 for his wife’s clothes and $54 bucks on himself. And he gave $144 to others for gifts. And then spent $50 on a class for concealed weapons class and $63 for “snacks” and another $20 for “pens & pads for legislative CCW class” plus another $156 to the instructor. Dinner from Utah Realtor Assoc. Kyler in Boston, $85.00.
31. Rep. Steve Urquhart, R-St George, spent $48 to rent a tuxedo and $81 on dry cleaning/laundry. Accepted $85.00 dinner in Boston from Chris Kyler, Utah Realtor Association CEO.
32. Rep. Carl Wimmer, R- Herriman, paid himself $1,200 and his wife $1,000 for campaign/delegate organization work.” He then spent $528 at Mr. Mac for suits.
33. Rep. Paul Ray, R-Clearfield, spent $103 on cleaning expenses.
34. Rep Tim Cosgrove (D)-Murray, accepted dinner for two in Boston from Utah Realtor Assoc. Chris Kyler CEO lobbyist for ($170).
35. Sen. John Hickman R-Washington Co., spent $7,592 on personal uses.
36. Sen. Scott McCoy (D)-Salt Lake County, spent $7,240 on personal uses including paying himself back some money he contributed to his own campaign.
37. Sen. Peter Knudson R-Box Elder, Cache, Toole Counties, spent $1,341 for personal uses.
38. Sen. Scott Jenkins R-Weber County, spent $1,608 on personal uses.
The above is only the tip of an iceberg and hundreds of thousands go unaccounted for.
39. Sen. John Hickman R- Washington County, spent $7,592 of his “campaign funds for personal use.
40. Sen. John Greiner R- Weber County, Ogden, is a quadruple dipper from the public trough. He is actually retired from the police force with full benefits. He is also current Police Chief with big salary. He is also retired from the Army Reserve with pension and he is drawing salary from his State Senate Seat. All of which makes him perhaps the biggest sucker attached to the public tit in Utah.

Whoooooooo-PIG! Soooie!! That is how we call the hawgs in Razorback Country.

2008-02-25T21:14:00.000-08:00

Gentle readers I bid you greetings,

This is the first of two posts which attempts to answer the important question,"So Machman, who should we keep of the incumbents?" I can not tell you, nor will I try. But I will provide data taken from "followthemoney.org" for 2006 for campaign contributions indicators. I will suggest that the "campaign" contributions in 2007/2008 will very likely more than double these 2006 figures.

And I have researched using the Salt Lake Tribune and Deseret Morning News articles and "numbered footnotes" to allow you great readers an opportunity to see who is "on the take and who is on the double take". Then, if you agree with me that such is corruption and graft, immoral and disgusting, you can jot down a few notes or print for reference during the upcoming caucuses, delegate selections, and candidate nominations. You can share them with your neighbors and spread the word and thus make a significant statement and difference as we select hopefully some more ethical candidates for office.

A friend from Bountiful suggests these are all just "good people caught up in a bad system". And he may be right. But if the system is bad why have they continuously refused to reform the system? Why do so many continue to take and take so much without sending the donations back? No, Ron...these who rationalize taking with both hands are corrupt and need to be replaced this November... Pure and simple. There can simply be no excuse for Utah being the laughing stock of the entire United States due to lax campaign and ethics laws.

It is up to you and your friends, neighbors and family members to help resolve this disgusting situation in our state legislature. I report....you decide, if you want these Cretans representing you in any way. And frankly if you do...you will deserve everything you get. Higher and higher property taxes, more and more development friendly legislation at the expense of citizens, more graft and corruption by the Realtor Association and its poodle law firms, more non solutions to problems, more legal abuse and the weakest fraud legislation in the entire Country, more waisted time on fluff resolutions while serious problems remain unaddressed. You will have earned exactly what you will get.

May I suggest you consider candidates who have character, integrity, and who believe that this whole money grubbing situation is simply dishonorable and disgusting. And an embarrassment to our State. May I suggest you consider voting against incumbents who have shown disregard for common sense ethical behavior and who have not delivered on promises for change so desperately needed especially now. Please use your "free agency" and your own judgment and reject these conflicted legislators who would not know a Conflict of Interest if it bit them in the arse.

Namaste,

D-Bell
( I apologise for the formating problem but this blog stuff doesn't seem to allow correct columns so you have to use your mind to figure it out... BEAK!)
The “campaign contribution” story (2006 data):

Real Estate, Inv., Total 2006 Other “perks”, Jazz
Developer, Const. “Campaign” & concert tickets,
Contributions Contributions meals, green fees, etc.
Senators:
Gregg Bell $ 993 $ 8,568
Curt Bramble* 11,250 49,866 (1)
Chris Buttars 0 35,931 (2)
Alan Christensen* 1,500 3,600
Gene Davis**(D) 11,200 81,439
Margaret Dayton** 10,019 63,644
Mike Dmitrich*(D) 7,750 24,432 (3)
Dan Eastman* 3,050 8,850 (4)
Fred Fife (D) 0 0
B. Goodfellow** (D) 7,000 57,175 (5)
Jon Greiner** 13,000 93,951 (40)
John Hickman* 4,700 7,450 (39)
Lyle Hillyard 500 2,150
Scott Jenkins* 2,000 4,675 (38)
Patricia Jones**(D) 24,146 129,141 (6)
Sheldon Killpack** 20,500 93,452
Peter Knudson** 11,250 53,769 (37)
Mark Madsen 2,000 25,800 (7)
Ed Mayne (D) deceased 7,500 43,097
Scott McCoy**(D) 2,549 123,888 36
W. Niederhauser** 164,500 253,640 (8)
Darin Peterson 5,600 40,051 (12)
Ross Romero**(D) 5,850 90,850 (9)
Howard Stephenson** 5,500 52,804 (10)
Dennis Stowell 6,500 35,551
John Valentine** 15,000 135,088 (11)
Kevin Van Tassell* 17,460 78,126
Michael Waddoups* 6,950 21,990 (13)
Carlene Walker 650 4,450

17 of 29, more than 58% of Senate received more than 20% of campaign funds from the Realtor/Developer, Construction, Real Estate Finance special interest groups based only on 2006 public information.
We will not know about 2008 for another year. although last year, lobbyists and special interests doled out $279,000 in giveaways. These moneybags gave another $827,000 in campaign donations, according to a Deseret Morning News analysis.

*combined contributions which include 20% or more including the candidate if that candidate is in the Real Estate/Development business.
** Based upon taking more than $50,000 a year over an above pay and benefits, per diem, mileage, and lodging during regular sessions and interim work sessions, for a volunteer public service job.
Legislators are paid for the days they are in session (45 days). The Compensation Committee elected to set up pay such that income tax deductions are maximized. In addition to paid days ($130) which can include extra days in “Interim sessions” they receive mileage ( .45 per mile) and per diem ($54/day) for meals, plus lodging ($94/night) even though 70% of them drive home most nights of the 45-day session

Gifts less than $50 are not accounted for anywhere and legislators can spend their campaign cash however they choose.

Tomorrow it will be the Representative's turn and a detailing of the gifts as per the numbered footnotes.

Eden Residents given the bum's rush by local Representative.

2008-02-23T07:36:00.000-08:00

Greetings friends and neighbors,

Sometimes today's news is best reported by others. Such is the case again as "Rudi" of the Weber County Forum has uncorked the facts far better than I can. And it does help to know I am not alone in my preceptions. Such is the case with the Powerville fiasco and the way our Eden residents were treated. To give WCF the maximum coverage it deserves Rudi's piece is echoed here. Listen to the audio for yourselves and make up your own mind. And I suggest you also read the comments including the one from "Crumudgeon" a retired WSU history professor and Phd who is passionate about citizen's inalienable rights. You know, "the we hold these truths to be self evident. That all men are ...." part. If a developer can get by doing what has happened in Powderville, where are the people's rights?

Again I say, this situation just can not be legal no matter what "screwed up legislation" was nefariously passed by our representatives. This simply can not be allowed to stand. Something about the 14th Amendment and the "Equal Protections" Clause our "representatives" do not apparently seem to understand. For if they did they would have never voted 66 to 0 to pass HB 466, nor would our representative stand idly by as his constituents are being robbed of their "equal protections" by his buddies in the Realtor/Developer "mafia".

These people must go...back to high school and civics class, or basic government classes...but they must not be allowed to continue as our representatives unless you want more of this type of shameful, ignorant and abusive representation.

Folks, it is all up to you and me to change the face of our legislature this Fall or sooner. Vote against incumbents and let's get a fresh new unconflicted crowd into office.

Namaste,

D-Bell

"Better late than never, we hope"

We're quite delighted that the Salt Lake Tribune's Kristen Moulton has finally stepped up within the last few days, to report on the Powderville Town Incorporation land-grab. She's an outstanding Utah reporter, and hopefully, her intelligent reporting doesn't come too late. The people of Utah need to be informed about our Utah corporo-fascist problem. If anyone can do that, it's Ms. Moulton.From today's article Kristen reports about the effects of Tuesday's House Committee hearing, during which Committee Vice Chair Gage Froerer (who chaired the meeting) essentially told a pack of citizens from Ogden Valley: "just shut up."We incorporate here the key paragraphs from Kristen's article."

A House committee Thursday endorsed a makeover of the law that guides town incorporations.But lawmakers turned a deaf ear to Ogden Valley residents who want the new law to block Powder Mountain's incorporation.The bill, HB164, proposed by Rep. Melvin Brown, R-Coalville, would replace HB466, passed with little discussion at the end of the 2007 legislation, a measure one representative - Kerry Gibson, R-Ogden - acknowledged Thursday was a "major screw-up."Please listen to the recorded hearing transcript now, gentle readers. If you take the time to hear it, you'll find that this House Committee didn't even address the "disenfrangisement issue." Perhaps Rep. Froerer didn't realize that the lumpencitizens would be listening in when he treated them so rudely. These people on the committee listened quitely while the Ogden Valley citizen-activists, who'd gotten up early in the morning and travelled to the capitol to address what they assumed to be an open-minded standing committee, (and who would hear and consider their concerns) -- got shut down by "Acting Chair " Gage Froerer -- who awarded their citizen activism, by limiting the last two of them to "one minute."If you have an ounce of political passion, gentle readers, listen to the audio transcript here.

After that, you can become "ticked off," along with your blogmaster. "

Posted by RudiZink at 6:10 PM 4 comments Links to this post
Labels: Powder Mountain Rezone

Realtor/Developer Fix is in. Powderville survives inspite of Valley-wide opposition.

2008-02-20T08:41:00.000-08:00

Hello friends and neighbors,

In case you actually had to work today and missed what went down at the State Capitol, here is a summary. I listened as Ogden Valley residents were rushed into 60 second comments, an indication of a lack of respect for affected citizen opinion. It was the worst Committee meeting I have ever witnessed, bar none. I can only hope people will remember come November. These corrupted legislators need to be someplace besides in our legislature. And the corrupting money from the special interests they represent, instead of us, needs to be haulted. Help me help us in the caucuses and November. At this stage a vote against just about every incumbent would help to clean "our house" of the vermin who have moved in on our rights as citizens.

With sadness for our State,

Minor Machman

From Rudi's Weber County Forum:

A Treasure Trove of Weber County Forum Articles & Documents
Thursday, February 21, 2008

"We link here the roster of the House Political Subdivisions Committee members who wouldn't lift even a finger to fix the "unintended results" of last year's HB466, which one local legislator admitted to have been a "major screw-up." All of these same folks will be coming around in November to ask for our readers' votes. We urge everyone to print out this list, and file it for future reference. Chalk this up as the most shameful day yet, in what's turning out to be the most shameful legislative session in recent memory.

House Political Subdivisions Committee - 2008
Rep. Fred R. Hunsaker, Chair Logan/North Rich Cache, Rich Counties
Rep. Gage Froerer, Vice Chair Weber County (Ogden) Valley
Rep. Sheryl L. Allen Davis County
Rep. Rebecca Chavez-Houck ?? Recent appointee??
Rep. James A. Dunnigan Salt Lake County (Taylorsville)
Rep. Kerry W. Gibson Western Weber County
Rep. Richard A. Greenwood ?? Recent appointee??
Rep. Jennifer M. Seelig Salt Lake County
Rep. LaWanna Lou Shurtliff Weber County (Ogden)
Rep. Stephen H. Urquhart Washington County (St. George)
Rep. R. Curt Webb ?? Recent Appointee??

And from Tuesday's post on the protest:

"We have saved the most incredulously stupid comments for the end, and they were published in Marshal Thompson's Standard Examiner coverage of the Protest. Sadly, by a future Powderville resident and realtor in Gage Froerer's office named Erin Stokes.

We will give her the benefit of the doubt as she has obviously been drinking the Powder Mountain kool aid and could use a serious dose of reality. Her comments provide for a laughable and astonishing read:
"Erin Stokes, a real estate agent in Eden, said she can’t understand why some of her neighbors are against the in- corporation plan. After looking at both sides, she said, she feels a new town is clearly the best choice. “I listened to all the things my neighbors had to say. I talked to the marketing people for the developers, and they were very helpful,” she said.“I’m just really excited about it. I don’t see any negatives to it at all, and I’ve studied it a lot.”

She must be using a different text book for those studies than the rest of us.

And of course marketing people are helpful - they are trying to sale you something that you do not need!

2008-02-19T20:33:00.000-08:00

Greetings friends and neighbors,

PUBLIC SCHOOL FUNDING - House Bill 391

This Bill passed through the House Revenue and Taxation Committee today. It will shift 20 to 30% of property tax bill from our property tax notices in August to sales tax increase of 1.65% on non food purchases or unprepared food.

Based upon the House Committee debate I give it about a 30% chance of passing through the Senate. MM
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Wayne A. Harper
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions in the Minimum School Program Act, the Property Tax
10 Act, and the Sales and Use Tax Act relating to certain property tax levies and the
11 funding of public school programs.
12 Highlighted Provisions:
13 This bill:
14 < repeals the authority of school districts to levy certain property taxes;
15 < requires a school district to abate certain property taxes raised for debt service to the
16 extent that money is available from other sources for the payment of bond interest,
17 principal, and redemption premiums;
18 < requires a school district to use the money received from the increase in the sales
19 and use tax to offset the loss of certain property tax revenue;
20 < prohibits a taxing entity from imposing a property tax rate higher than the taxing
21 entity's certified tax rate for three years;
22 < increases the sales and use tax on certain transactions by 1.65%;
23 < dedicates the revenue generated by the 1.65% increase to the Uniform School Fund;
24 < adjusts a school district's certified tax rate due to the repeal or amendment of the
25 property taxing authority of the school district;

2. The next Bill which passed unanimously in the House Revenue and Taxation Committee today was HB 333 S3. Senior Citizen Homeowner's Credit.

It basically now says the Circuit Breaker credit for those 67 or older and who can prove (first page of IRS 1040) that they earned less than $33,000 a year can apply for the credit. This 8th category adds in theory 5,792 parcels or properties statewide and extends the 20% additional discount. In other words on primary residences where we normally get the 45% discount off full market value, this new category, or increase in the maximum of the Circuit Breaker from basically $27,000 to $33,000 allows those who qualify for the Circuit Breaker provision to get an additional 20% reduction. So if your residence has a "market value" of $250,000, you would pay property taxes based upon 35% of that value ($87,500) instead of 55% ($250,000 X .55 = $137,500). And if you rent and qualify you get a whopping $50 credit.

It took two (2) years for the sponsor to understand that no one, and I mean no one, would accept the deferred taxes @ 6% interest penalty and a lein on their property. So that disgusting part of this bill was finally dropped after heavy senior citizen (I am one) lobbying against it. Committee Chairman Dougall said, "I have found no one who liked the deferred taxes with interest, part of this bill."

Again given the debate, I give this bill about a 60% chance of passing through the Senate based upon the fiscal note (how much the shift in taxes will be to other property owners) of between $300,000 and $400,000. The Senate will be looking for a relatively "cheap" way to go, so they can claim they actually did something about property taxes for the poor...defined as over 67 and under $33,000/yr. income.

When asked why the $33,000 limit, the sponsor (Rep. Froerer) said, "We wanted to keep it (meaning the fiscal note or tax shift) under $400,000. "Why" was never discussed nor asked.

Rep. Wimmer wanted to extend it to young couples and lobbyist Rowland agreed with him saying this is the way to target relief to young families. There was no further debate as time had run out.

Actually, the Utah Realtor Association did like deferred taxes and supported it for these two years, which has held it up unnecessarily. (Re Bryan Kohler's remarks from 19 Sept 07.)

Some other stuff passed but was relatively insignificant with regard to property taxation. Neiderhauser's bill to require an election to raise our property tax rate higher than the Consumer Price Index was killed in committee.

Senator Neiderhauser is sponsoring a bill that would fund a Revenue and Taxation Interim Committee Task Force (thus insuring they pay themselves) to study property tax alternatives over the Interim (a term they use to describe working session between the regular legislative sessions). The problem with his proposal is it will be manned by our elected Senators and Representatives (about six Rs and six Ds) who generally have no interest nor qualifications. It therefore will have no credibility or very little due to having had the foxes studying locks for the henhouse. They are making the most basic and fundamental errors and mistakes known to man. They have been told what to do and how to form a Blue Ribbon Study Committee but had rather pay themselves to come up with totally predictable results. Waste more time and more or our money giving the ruse that they are serious about property tax reform. This is not the case I regret to tell you all. They are serious about keeping the gravy train rolling along and getting rich off needless and exhorbitant property assessements and esculations. In maintaining the status quo in most cases.

I have said it many times and I say it again. This element simply has to be replaced with people who will represent me and you and not special interests like the Realtors Association and Developers who have taken over our legislature.

They are slick, mostly Political Science grads and lawyers who are prospering off the real estate and development business at our expense. They have been chipping away at every conceivable barrier against development at every level of government using a well funded "machine". We have recently seen the "Powerville" for example. And there are ongoing attempts to pass legislation to require municipalities to turn over publicly funded municipally owned golf courses, recreational facilities, etc. to developers. And many more insidious legislation has been passed and will be passed unless we wake up and fight back.

Namaste,

D-Bell

How our legislature has been taken over by Realtor/Developers

2008-02-18T19:24:00.000-08:00

Warm greetings friends and neighbors,

I just thought you might like to hear what I have been trying to tell you from another person, Cary Hobbs. His commentary was taken from the Salt Lake Tribune. Thanks Cary, I don't know how I could have missed your fine and painfully truthful article.

Privatization bill would crack open Fort Knox for developers
Cary Hobbs
Article Last Updated: 02/02/2008 12:12:32 PM MST

The last several sessions of the Utah Legislature have sought to pass various measures attempting to limit the authority of our cities and locales to control their own destiny.

One of the first bills was an effort by former Senate President Al Mansell, a major real estate industry figure, to limit or prohibit local planning and zoning functions that affect developers.
Last year saw the disastrous bill by Mel Brown, giving developers the ability to incorporate their property into their own city without any input from the county government or neighbors, and without even requiring agreement by any of the other 100 required named landowners.

We have three of these monstrosities pending in court actions in Wasatch country, and House Speaker Greg Curtis, R-Sandy, has refused to allow any "fixes" to the bill so far this year.

This year we are faced with the most insidious bill yet: a bill to privatize any government activity or property that competes with a developer or entrepreneur.

Craig Frank, R-Pleasant Grove, has introduced bills that require cities to sell their golf courses to developers, close and sell their fitness centers, close equestrian centers so the "private" sector would not face competition.

Obviously this is like cracking Fort Knox for developers who are salivating over some of the choicest real estate in every municipality. Frank was quoted as saying "we need to step back and determine what is government's responsibility and what is private sectors." (The Salt LakeTribune, Jan. 29). Let's do that.

The principles of the Republican Party and democratic government in general have always been to have decision-making at the level closest to the people. For the state Legislature to dictate how our cities are run, how we choose to zone and plan, and what life-enhancing benefits we choose to offer in our communities is dead wrong. Un-American.

Our community facilities are operated and priced to serve all the citizens - the elderly, the poor, teenagers, as well as the top 2 percent of money earners who, with their tax cuts, can afford gated communities and exclusive and expensive golf if they choose.

Our children grow up in communities with opportunities to do something other than "hang out" at the Wal-Mart. The open spaces and trees of our golf courses enhance all our lives whether we play golf or cross country ski or just look at these beautiful parks.

Recreational facilities raise the property values of a community. They enhance our quality of life. Most importantly they represent the desires of the people who live in a community. That is a proper role of government.

What is not proper is for state legislators, who perhaps haven't even been to the communities they are seeking to dominate, to pass laws about what we can or can't do in our home communities. It's not proper to turn our jewels and treasures into multiuse developments or private, expensive, exclusive facilities.

It goes against everything the formerly Grand Old Party ever stood for. It is bad policy.

We know that the huge contributors expect a payback. We know that the largest groups represented among the legislators are developers and people whose business is real estate.

We know that this group of legislators has shown us they will never pass conflict of interest laws or ethics rules, so it's up to us to find people concerned with "the people" and not concerned about making money for themselves or their friends.

House Bill 75, House Bill 76, House Bill 120 and Senate Bill 45 sponsored by Sen. Howard Stephenson, R-Draper, must be defeated. Call your state representative or senator and demand they keep to the proper role of government. If you don't, your family's quality of life in our beautiful state may shortly diminish forever.

If I may borrow a phrase from Rudi..."gentle readers", friends and neighbors we just HAVE to wake up and vote these Realtor/Developer legislators out of office. If no one else will run against Representative Gage Froerer. I will and I am "for the people" not for any special interests. Please spread the word as delegates will be chosen very soon. We do not need more of the same. We need ethics reform, property tax reform, campaign finance reform, and it will take several years to right the wrongs already done to "we the people" by this nefarious and highly financed Realtor/Developer mafia.

Spread the word. Tell your neighbors and attend neighborhood caucuses. Our literal future and our grandchildren's future depends upon you and how you vote.

namaste,

D-Bell

News Flash! SB 25S3 passed but allows Powderville

2008-02-16T08:01:00.000-08:00

Greetings friends and neighbors,

Our Ogden friend, "Rudi", wrote this for the Weber County Forum. It is not specifically related to Property Tax Refrom, however; it is such an important issue to all of us in the Valley, I decided to repeat it here to make certain everyone has a chance to read it.

Experiencing Another "Utah Epiphany"
A short essay on political cowardice: So-called "remedial legislation" will still leave aggreived Ogden Valley citizens politically disenfranchised.

“We don’t want to deal with retrospect. There are numerous incorporations already going forward, and to roll back the clock would put us in a litigious situation.”
Sen. Kevin Van Tassell, R-Vernal.Standard-ExaminerFebruary 16, 2008

“Lawsuits are likely regardless of what happens, and the potential fallout from House Bill 466 last year needs to be stopped. Just because we opened the door and the animals got out, that doesn’t mean we can’t gather up the animals and put them back in the barn,”
Sen. Allen Christensen, R-North OgdenStandard-ExaminerFebruary 16, 2008

Hoo-boy, gentle readers. After perusing the Standard-Examiner this morning, we're having one of those startling flashes of clarity that we call a "Utah Epiphany." Here we've been naively working like madmen over the past few weeks, trying to muster support for Senator Stowell's (R-Parowan) SB-25, which we believed to be curative legislation for the evils of last year's HB-466; and now we learn -- in this morning's Jeff Demoss story -- that the current version of this bill, which passed in the senate yesterday by a 26-1 vote, is not designed to operate retroactively. ("It becomes effective when the Governor signs the bill."MM)

Yesiree, folks, those gutless wonders in the senate passed a remedial bill alright; but it won't do anything to help those folks in Ogden Valley who stand to live for at least two years without elected town representation -- under the dictatorship of corporate Powder Mountain developer appointees. Senator Allen Christensen made a valiant effort to add a retroactive provision to the bill, according to today's story, but his cowardly Senate colleagues apparently turned him down flat.

(Senators pro developer and heavily "subsidized" by the Realtor Association and various construction and banking investment, development, and real estate money by the way. MM insert)

Our take on the solution to the current political predicament is of course very simple. It was the Utah State Legislature who caused this problem; and it's the responsibility of that same legislative body, (the entire body, including the senate,) to fix it. The solution seems fairly uncomplicated, we believe, if we can rely on the accuracy of today's story. The House of Representatives can pass one of the two other pending House bills which do contain retroactive provisions (HB-413 or HB-164,) and send one of them on to the Senate. Alternatively, the House could kick back a House-amended SB-25 (with retroactive provisions.) Whatever they do, we hope representatives like Gage Froerer (R-Huntsville) will have the courage to stick to their guns. Otherwise it will be, once again in Utah, the "little people" who are left holding the bag.

As to the threat of developer litigation, by the way, we'll offer that we are not impressed. And to our gentle readers we ask, in the event that litigation will be the inevitable result of the legislature's "doing the right thing," how, exactly will any developer prove damages? Will Utah developers with pending incorporation petitions argue that town incorporation is a vested property right? We believe it's pretty clear that town incorporation is a political "privilege," and not a "right." And even assuming that a pending incorporation petition is a vested and valuable property right entitled to protection in Utah courts, how would a court deal with the problem of the political disenfranchisement of those citizens who have been unwillingly dragged into new municipal entities at the whim of neighboring property owners, because of the unintended operation of an ill-conceived law that everyone (including legislators in the State Senate) seems to believe to have been flawed from the outset?

Senator Christensen is quite right, of course. There will be litigation regardless of the manner in which this situation shakes out in the legislature. And in the event of litigation we'll put our money on the litigants who have ALL the equities on their side, i.e., the 100 or so people of Ogden Valley, whose own property and political rights are being trampled by one greedy developer who readily admits its incorporation petition action is tactical, cynically intended to sidestep Weber County regulatory authority and "...take complete control of their own destiny". [Paragraph 4]If there is to be litigation, bring it on. In the meantime we call on all members of the Utah legislature to check out their own moral compasses. We think it's time to "gather up the animals and put them back in the barn," as Senator Christensen suggests.The State Senate's most recent inaction leaves your blogmeister with a profound sense of disgust this morning. It's difficult to believe that this situation is happening in America. Of course this really isn't America, good readers. It's Utah. We're again experiencing another Utah Epiphany, as we said.

And what say our the cyber-folks about all this?

Well done Rudi. The Machman and most in Ogden Valley salute you. I would be at the rally except for posting this to get the word out sooner.

If SB 25 is not amended to be retroactive, we as Ogden Valley need to consider pitching in with those who will be disenfranchised directly, using our resources to fight this in court. And we need to know exactly how such legislation was passed so blithely 66 to 0 in the first place? Where is the Ethics Commission? If they never meet nor do anything we need to demand an independent Ethics Commission which has the fortitude to actually do something for a change.

Namaste,

Minor Machman

More information you may need if appealing your "Appeal". MLS Fraud.

2008-02-13T14:42:00.000-08:00

Hello friends and neighbors,

Looks like the tax break some were expecting for parcels more than one acre has bit the dust due to lack of data (research) and some legislators suspected of protecting the tax cheats who claim more than one primary residence.

And Senator Brown's bill to amend the ill conceived and not debated at all House Bill 466 which lets developers run over residents, planning commisssions and commissioners with impunity is being "slow rolled" to enable Powder Mountain developers to build a case for claiming undue hardship if they must restart their nefarious Town incorporation process.

And the Property Tax Reform Blue Ribbon Study Commission, I proposed back in September, has been predictably reduced to a funded interim group of incestuous and "conflicted" lawmakers and lobbyists. Which will, inevitably, simply pay themselves using our tax dollars, to end up saying, "There's nothing really wrong with the current Truth in Taxation System. It just needs a few tweaks here and there." There is no citizen oversight. There will be no citizen nor independent participation. And there will be no credible report nor findings. Just more waisted time - fraud, waste, and abuse heaped upon us taxpayers by those we have elected to represent us.

This is simply unacceptable. This corrupt behavior and lack of mature adult supervision must stop! And the only way is via the polls in November. I hate to say it, but there is so much corruption and graft infecting our legislature it is time to simply show all those with direct conflicts of interest, who take gifts and "campaign contributions" under the table, - they must all be shown the door in a massive clean sweep of the legislature.

They have truly earned our disrespect and disdain. I apologize to the few - the very few, who are fighting the good fight for ethics reform and campaign finance reforms. There are none who are fighting for property tax reform. And I hope to get either myself or someone in office with the fortitude and integrity to take these embedded nare-do-wells on and work to clean up our legislature.

With regrets for having to share the bad news,

D-Bell

Thursday, 20 September 2007

Utah Department of Commerce warns of investor fraud
TESSA WHITE - North County Staff
With the real estate market slowing down, many Utah real estate agents are asking how much of the slowdown is attributed to artificial price inflation brought on by real estate fraud.
With several ongoing investigations in the Alpine/Highland area, many homes are sitting vacant or struggling to stay out of bank possession with an inflated loan at above market pricing.
The Utah Division of Real Estate has recently targeted the topic in its news bulletin, indicating that investor fraud "may have played a sizeable role in aiding the double-digit price gains seen in the U.S. housing market since 2004."
Keller-Williams broker Alan Wade said he began to notice the trend of fraudulent investors last fall.
Wade said, "We turned away about 20 percent of the offers we had coming in because there were double contracts and other fraudulent activities involved."
The Utah Department of Commerce recently sent out a fraud alert identifying a "dramatic increase in illegal property flipping throughout the state ... most prevalent in areas of new construction and high end homes."
The Utah County Board of Realtors indicates that year-to-date home sales over $500,000 are up 29.4 percent over 2006. With Alpine and Highland being a hotbed of high-end homes, investors have been quick to buy.
While many are legitimate in their practices, local agents are seeing many people hurt by fraudulent investments. An agent at the Keller-Williams office in Alpine is working to help authorities stop an investor who has asked dozens of naïve clients to use their credit scores and names to secure more than 73 loans in exchange for alleged big money returns on property buys and flips.
There are several common scenarios for investment fraud.
The first scenario includes the purchase of a property at a lower price, but changing the list price on the MLS so an appraiser sees a higher value for the home. An appraisal is completed using the higher list price allowing the investor to show immediate equity, which is pulled out in the form of cash at closing. An appraisal is completed when the higher price is listed allowing the investor to pull out the extra equity.
The problem with this scenario is that it leaves a property that cannot be sold when default occurs because the home isn't worth as much as the loan. It also leaves the investor with "free money" to reinvest or spend.
A second scenario is an investor asking a seller to pull the real estate agent out of the loop and take the property off the MLS so a private, "more creative" deal can be done. Frequently, that deal includes third party private buyers with an interest stake, a request for the seller to secure a second loan with the buyer with promises of shared profits at resale, or asking for two contracts -- one with a higher price for the lender and another side agreement for a different price.
Wade said, "If you push the price of a home or land up and up, it affects people all up the chain. Not only does the price of homes inflate unnecessarily, but it creates a sense of panic when homes need to correct pricing in order to stay in line with a truer market price."
He indicated this is the slowest August and September he's seen in many years, and much of the slowdown he attributes to price "right-sizing pricing" as a consequence to investor fraud as well as an enormous amount of spec homes that were built on speculation that the current pricing was accurate rather than inflated.
Mark Wilkinson, Teri Jerman and Alan Wade, all agents and brokers in Alpine and Highland, indicate they have detected a clear increase in Multiple Listing Service (MLS) fraud. Most homes are listed through the MLS and as a result, it becomes a primary tool for appraisers to use for comparables. But when the comparables are artificially inflated to get a higher appraisal, it is illegal.
Wilkinson said, "I know of several agents who have been (offered) up to $1,000 to delist and then relist a new sales price on a home which is then available and usable information for a false appraisal."
He said this clearly affects the market because it creates a false sense of what homes are worth. Potential sellers come in and think their home should sell for more because their neighbor's home was advertised or sold for an outrageous price through investor fraud.
He said, "It is a house of cards. Lenders will lose money and because many loans are guaranteed by the government, ultimately the taxpayers end up paying for fraudulent transactions."
Although investor fraud has started to level off as prices have slowed in appreciation, the scenarios are more common than one would think. All three agents echoed the same sentiment. If the deal doesn't seem quite right, it probably isn't.
And the effect of fraud on neighborhoods can be devastating, leaving rows of high-end homes for lease or in poor condition as bank repossessions occur.
TIPS TO AVOID INVESTOR FRAUD
Never let anyone use your credit score or co-sign on a loan you are not willing to pay
Beware of buyers asking you to cancel your contract with a realtor before doing business
Don't sign purchase contracts that have undisclosed side agreements or addendums
Always make sure the purchase contract and closing documents list the correct price of the home
Watch out for excessive payments to third parties noted as "consultant fees" or unrecorded second mortgages
Ask your agent to check the property sales history on homes for multiple changes of ownership
Sellers should not sign any clause that indicates the home must appraise for substantially more than offer price
Watch out for buyers who ask you to end your listing with an agent or remove listing prior to an offer
http://www.heraldextra.com/content/view/237895/15/

Conflicts of Interest Rampant, another problem we must resolve.

2008-02-11T08:06:00.001-08:00

One in 4 bills poses a conflict
Jury still out on whether Capitol 'specialties' present a problem
Copyright 2008 Deseret Morning News
By Lee Davidson and Bob Bernick Jr.Deseret Morning News
Published: Sunday, Feb. 10, 2008 12:21 a.m. MST
23 comments
One of every four bills introduced in the current Legislature creates an apparent conflict of interest for sponsors, a Deseret Morning News review shows.
That is not too surprising since Utah's 104 lawmakers work only part time in the Legislature, but full time as lawyers, teachers, dentists, Realtors, developers and at other jobs. Many push bills in areas of their expertise — considered one of the pluses of a citizen lawmaking body. While that can take advantage of their knowledge, it can also make them power brokers and leaders in arcane areas of the law, or help their professions.
Take, for example, Rep. Lorie Fowlke, R-Orem, one of two members who had all the bills they introduced this year in an area where they work in their private lives. She is an attorney specializing in family law, and her bills ranged from protective order amendments to joint custody amendments and stalking amendments.
"What is scary is when you have people voting" on bills "they really know nothing about," she said. But Fowlke says that rarely happens in the Utah Legislature, where people from different backgrounds help each other understand issues in their areas of expertise.
The individual expertise that 104 legislators can bring to lawmaking is invaluable, she said. "It is really helpful that we have so many different professions up here" to lend their wisdom to lawmaking.
She says she saw a need for better law in her area of family legal issues. "My emphasis has always been to clarify the law," Fowlke said. "Good attorneys follow the law. If you agree on the law, then you may (only) go to court over the facts."
But others see conflicts as problems. Claire Geddes, who has watched the Legislature for years as a public advocate, says conflicts are "the number one ethical problem at the Legislature — and legislators just don't take it seriously at all."
Geddes says votes there rarely break along party lines, and, "Instead, the issues break out along self-interest lines. It is infamous that they pass bills that help their own industries," she said. "The public loses big-time, and everyone just acts like it is OK because we have a part-time Legislature. It is not OK."
The Deseret Morning News compared all bills introduced in the 2008 session with legislators' conflict of interest disclosure statements and their known hobbies, jobs or former jobs and the jobs and financial interests of their spouses and close family members.
Of 799 substantive bills introduced this session, 210 created apparent conflicts of interest for the sponsors — or 26 percent of them. A similar review last year yielded almost identical findings, with 25 percent of all 2007 bills creating conflicts for sponsors.
Conflicts are so common this year that 71 of the 104 legislators, or two of every three, introduced bills that created such apparent conflicts. (A list of how many conflicts were identified for each member can be found at the PDF graphic link at right.)
Again, conflicts are not necessarily bad. But some of the more interesting ones noticed during the News review include:
• Rep. Jon Greiner, R-Ogden, is also the Ogden police chief. He introduced nine bills dealing with law enforcement. One would allow police chiefs, such as himself, to declare "no-gang zones." Known gang members could be arrested if they refuse to leave such areas or return to them within eight hours.
• Rep. Peter Knudson, R-Brigham City, is an orthodontist. He introduced the Dentist and Dental Hygienist Practice Act amendments, and medical insurance amendments.
• Rep. Patrick Painter, R-Nephi, a car dealer, introduced motor vehicle amendments.
• Sen. Dan Eastman, R-Bountiful, a former car dealer, introduced a bill about the Motor Vehicle Safety Inspection Advisory Council.
• Rep. Sheryl Allen, R-Bountiful, a foundation director for Davis School District, introduced a bill changing accounting and reporting requirements by such school foundations.
• Rep. Paul Ray, R-Clearfield, works for Sterling Mortgage. He introduced a mortgage fraud bill.
• Rep. Gage Froerer, R-Huntsville, a real estate broker, introduced four bills dealing with real estate law.
-Plus he has sponsored and cosponsored "Deferred taxation with 6% interest" legislation both last year and this year at the behest of the Realtor Association. A Bill on subdivisions which makes it easier to end run planning commissions. And now we learn he voted for HB 466, which gives all authority for creating Towns to developers at expense of citizen's private property rights. MM
• Rep. Richard Greenwood, R-Roy, former Utah Highway Patrol colonel, introduced a bill to make not wearing a seat belt a primary offense for which officers can pull over drivers, and introduced amendments to the "not-a-drop" DUI program.
• Rep. Curtis Oda, R-Clearfield, is president of the Concealed Weapon Permit Holders Association. He introduced firearm amendments that would not require concealment of the firearm on a person who has a concealed weapons permit.
• Rep. Jim Dunnigan, R-Taylorsville, owns an insurance agency and introduced eight separate bills dealing with insurance issues. Over the years he has become the "go-to guy" on insurance matters.
"The (state) Insurance Department came to me this year and asked if I would carry some of these complicated matters for them," Dunnigan said, adding that he wanted the department to find someone else.
"But they asked who else could they get to explain this stuff" to legislators who know little about the technical aspects of insurance. "They asked, I agreed."
The Legislature deals with possible conflicts of interest by requiring lawmakers to file written declarations listing where they may have potential financial conflicts. Those declarations can be found at www.le.state.ut.us. Legislators can also verbally declare a conflict when they vote in committee or on their chamber floors.
Still, some legislators who are retired from their life-long professions list "none" for potential conflicts on their reports, even though they likely are drawing retirement checks from somewhere. And it is common practice for attorney/legislators to refuse to name their law clients, citing attorney/client privilege.
Also, Utah is one of the few states where legislators are required to vote if they are present even on bills where they have clear conflicts of interest. That has resulted in some odd legislative behavior.
In the 1980s before the Capitol was remodeled, the House area had a single woman's restroom behind the chambers. On one particularly tough vote, a female legislator locked herself in there, refusing to come out. The House clerk found a key, unlocked the door and the lawmaker was forced to vote.
Another legislator once hid behind the House kitchen door. A third used to visit the governor's office when she did not want to vote.
Senate Majority Leader Curt Bramble, R-Provo, started work on a bill last year to allow legislators to vote present, and not yes or no, when conflicts arose. But it would require the approval of the body's top three officers. However, he abandoned that effort.
Senate President John Valentine, R-Orem, said the effort was dropped because "there was no clear demarcation we could identify when you have a direct pecuniary interest."
For example, he said, should a teacher or a person on the board of a charter school vote for the education budget? Valentine said Bramble "found he could not come up with a line that was clear enough demarcation."
How about "I have divided loyalties on this issue and therefore I recuse himself." What is so difficult about that? How about an independent ethics commission since the whimps on the legislative version have never so much as investigated nor censored any of their "club". MM
Conflicts of interest received extra attention in the past year when Reps. Mike Noel, R-Kanab, and Aaron Tilton, R-Springville, had conflicts with potential construction of a nuclear power plant in the state.
They are members of or chair House committees that deal directly with nuclear energy. Tilton is an energy consultant who is looking into possibly building a nuclear power plant in Utah, while Noel heads a local water company that would sell the proposed plant $1 million of water each year.
Last summer, neither man publicly declared a conflict of interest during hearings on nuclear power until after their involvement was publicized by the media, with each saying they did not believe their private jobs were financial conflicts in that instance.
Contributing: Nicole Warburton
E-mail: lee@desnews.com; bbjr@desnews.com
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Suggest you read this if you are appealing your appeal.

2008-02-08T17:00:00.000-08:00

Greetings Friends and nieghbors,

As you appeal your appeals you need to read and understand this short article from the Daily Herald. It is exactly what I have been telling our legislators and trying to tell local news. Sadly we are not really being listened too enough. One Senator even had the outrageous nerve to call HB 54 "his version of modified acquisition value" in a thinly veiled effort to silence our voices.

As usual, ironically a Provo newspaper gets it right, where the others remain clueless at the editorial level. Who would think we have to go to Provo/Orem to get at the truth? I salute the editors of the Daily Herald again.

Namaste,
Minor Machman

Saturday, 02 February 2008
(House Bill 54) changes model for assessing property taxes

Rette Speight - DAILY HERALD
As officials supported the new mass appraisal system for determining property values, some citizens spoke out against it. The bill, sponsored by Rep. Wayne Harper R-West Jordan, amends provisions in the Property Tax Act in relation to property appraisal requirements for assessors. The bill was passed with some hesitation, but Rep. John Dougall, R-Highland, said he believed that Harper is "trying to move [counties] into the 20th century."
The mass appraisal system would take samples of real estate dealings and create an average, which would be used to determine other property values.
Utah County Assessor Poulson said in August that his office uses a computer algorithm to assess the 150,000 properties in the county. But there can be errors in the system, especially when dealing with more than 100,000 properties.
"I am concerned as we move to a computerized system that we're giving a false hope to the people," said Rep. Tim Cosgrove, D-Murray. "If we want to be upfront, if we want to be able to evaluate the true value of the property we must provide the assessors the tools. I'm struggling to see how we're going to provide that for the citizens of the state."
Rep. Craig Frank, R-Pleasant Grove, reminded the committee that "even though we're using a computerized system there's enough hands-on personal touches for evaluating the data. We can't forget that there's human beings running the system."
University of Utah economics professor Jim Gander spoke to the committee concerning issues of how the samplings were picked when determining the general values.
"I sense a feeling among most of the public that members don't feel comfortable with the existing appraisal system," Gander said.
Gander pointed out sampling problems, concerning what he calls "arms length dealing," or dealings between family members.
"What is missing is the information a willing buyer and a willing seller have," Gander said. "When homes are bought for moving in or establishing residence, that information is quite different than what speculators have. Any other sale is outside of a fair market."
These "other sales" might be what are affecting the market value, Gander told the committee. He is worried that this skewed model could be "why people aren't happy."
Poulson told the committee that although he and Utah County commissioners support the bill, Gander's sampling concerns are valid.
"If you're trying to sample the general population, if you don't have enough samples, you can go out and find more," Poulson told the committee. "But when you're dealing with real estate, you only have as many homes as are being sold. You're very limited by the amount of data you have. There are a lot of sales out there that we don't even have the access for the data."
Poulson also told the committee that Utah County has "some of the worst real estate fraud, not only just in the state, but possibly even in the nation."
Poulson said that Utah County is very involved with the transactions and data that is analyzed, and great effort it put into making adjustments to keep the property values fair.

"Fair" property taxes with "ability to pay proposed", plus the real story about 3 acre assessments, HB 155 status

2008-02-06T08:33:00.000-08:00

Greetings friends and neighbors,

Below is a recent message sent to the "movers and shakers" who lead efforts to revise property taxation, indeed all taxation issues. I lay awake one morning thinking about the most significant problems with our current property tax law and worked on it. This "temporary solution proposal" is the significant relief I think we need in the more immediate or short term (next two years) while a more permanent solution is researched and studied such as acquistion value (purchase price) or baseline taxation.

Let me hear from you if you agree or disagree. And please remember to let the legislature hear from you again this week. Writing a letter to the editor of the Standard Examiner will "kill two birds with one stone."

And finally, the "rest of the story" about what really went down in Committee, as our local Representative sponsored HB 155 was discussed, is found on "page two".

To: "John Dougall" , "Wayne Harper", "Curtis Bramble" , "Wayne Niederhauser" , "Howard Stephenson" , "Dennis Stowell"

Honored legislators,

I know you are very busy now but I would like for you to think about something.

The current "Truth in Taxation System" has many flaws. I will not spend time delineating them as I think you are all aware.

But the most pressing and important concerns are deficiencies in "fairness" and "ability to pay".

And although I think we need our own version of acquisition value or modified acquisition value property taxation, I realize changing the Constitution and implementing AV or baseline could take several years.

So I would like you to consider this and offer it as an interim and more immediate solution.

Base property taxes on State adjusted gross income and charge 2%. In this manner everyone would benefit. Think about it.

Indigent and the poor struggling to get by on $20,000 in Social Security would pay $400. You could repeal the Circuit Breaker safeguard. You can put a stop to Froerer's and now Buttar's "Deferred Property Taxation" nonsense.

Property owners on a fixed income of $50,000 would pay $1,000 and no more. Young couples filing jointly in a rental situation making $72,000 and saving for a down payment on a home would pay $1,440. And it would be "fair" since they probably have kids in public schools. Landlords making $250,000 a year would pay $5,000 in property taxes. "Fair" because he/she has income earning property. The President of the University of Utah Medical Center would pay $10,000 in property taxes since his salary exceeds the limit of $500,000 a year where exemptions kick-in.

No more tax evaders claiming "primary residence" 45% discounts for vacation homes. No more debates or arguments about special interests or exemptions since property taxes simply become an extension of income/education taxes. No more outrage over unfair property taxes with all their "unique" injustices. No squabbles over whether local ordinances require more than one acre and taxing the "luxury" acerage at full market valuations.

This new property tax could be easily collected using the "Education/Income Tax" process. People, knowing their annual incomes, could budget for it and have their property taxes withheld by the state monthly. No more November shock and awe or "sticker shock" from guess work and game playing local governments.

"Other taxing entities" would be funded based upon existing pro rata shares of property taxes collected via the State Tax Commission. State could control expenditures and "Mac-mansion" public building construction and excessive growth in local (County) budgets. They could at long last be could be held in check.

Twenty-nine County assessor's offices could be virtually eliminated to pay for any minor increased responsibilities of the State Tax Commission. This would save taxpayers hundreds of millions of dollars which could be used to help with increased investments in natural resource funding and the bottomless pit of the public school system.

This solution would enable the Real Estate market to take its natural course via supply and demand without impacting property taxation.

Continuing to allow local entities to tax citizens must be considered a dismal failure. Counties and "other taxing agencies" have abused their taxing authority and continue to grossly abuse taxing powers. It is past time to reign them in before all trust and confidence in government is compromised beyond repair.

I hope this idea may be of some use to you in resolving the current problems with "unfair" property taxes which ignore "ability to pay" considerations.

Namaste,

D-Bell
285 S. 7200 E.
Huntsville, UT 84317

House Bill 155 is the one Keith Smith and so many others have been seeking relief from living under the yoke of the three acre minimum Ogden Valley ordinance. They are unfairly having to pay property taxes based on $100,000 and $200,000 an acre full market value "guesswork" and "speculation" by Weber County assessors on the extra two acres without a residential discount.

Oh, and the reason HB 155 is stalled is because its sponsor, Representative Gage Froerer, did not do all his homework. Questions were raised by several during the House Revenue and Taxation Committee on Tuesday. Frank Gardner, with the Utah Association of Counties was only one who wanted to know specifics. Like how much of a tax shift will be bourne by surrounding property owners or people living in other areas of the County.

Each Bill has a basic cost or revenue figure attached which they refer to as a "fiscal note". Yet there was none. This is usually obtained from the analysts in the legislative research department. Representative Hughes said with no cost information for the shift, I think it is too important to move it forward without this important information. Chariman Dougall asked Mr. Gardner to work with the sponsor in an emergency meeting in order to work out the details before the next scheduled meeting early Monday morning.

Yet when the Chairman asked for how much of a "shift" in tax dollars, as did others, only vague and subjective answers like "not great", "it would not be a significant amount", "somewhat minor" and "negligible amount" came from Representative Froerer.

The Committee thus voted to "table" the Bill so that the basic research could be done and a dollar figure less vague and nonspecific could be worked up by legislative research.

And that is the real story Mrs. Loretta Park forgot to report in the Standard Examiner today.

Namaste,

Minor Machman

Citizen's Coalition for Tax Fairness, rebuttal to "Curing property taxes could hurt the young"

2008-02-03T19:29:00.000-08:00

Greetings friends and neighbors,

I have told all the Coalition we must make this information such common knowledge that every citizen should know it almost by heart before the elections this year. We need to rid our legislature of these rascals and replace them with honest and capable, genuinely motivated public servants, retired with no particular "dog in any hunt" and thus COIs.

I spoke with Senator Howard Stephenson, the Dean of and/or "Godfather of our current Truth in Taxation scheme" based upon "current market valuations" and currently locked-in by the State Constitution wording. He said he supports our acquisition value assessments approach. And in fact he made his own proposal for Acquisition Value based assessments several years ago. I was shocked by his statement and asked "So what happened to your proposal?" To which he replied "The Realtor's Association killed it. They jumped all over it."

Now is anyone listening? The man who worked the hardest for TNT even knows and has known apparently for several years the system has been corrupted and by whom and why.

"The more I learn about what has happened and is continuing within the legislature due to Realtor and Developer lobbyists' inappropriate influences and interference, the more angry I get about it. And like Howard Jarvis was in 1978..."I'm mad as Hell". And you all should be also....Minor Machman

A recent article quotes lobbyists for the League of Utah Cities and Towns and Voices for Utah Children who claim that switching to acquisition value based property taxation would hurt young couples. The Coalition for Tax Fairness would like to refute this notion.

“My mother was a single parent mom with my two sisters and I living alone in California when Proposition 13 was passed. At that time we were barely surviving nearing starvation and becoming homeless due to property taxes being so high based upon current market value. Proposition 13 (acquisition value) saved me and my family’s life.” Jeannie Wendell, co editor of the Ogden Valley News.

The advantage of acquisition value applies to everyone, not just seniors. Coalition members believe everyone is threatened by taxation based upon property appreciation values which exceed inflation. This is not a “we (seniors) versus them (our children)” issue.

Acquisition value has been challenged in the courts all the way to the US Supreme Court. In every case, the courts have decided that acquisition value is not only fair and constitutional, but also desirable because it provides “preservation, continuity and stability” in local neighborhoods. It is not surprising, then, that virtually every other state in the union has replaced current market valuation assessments with acquisition value assessments.

Consider this. Utah property sales activity and tax revenues will be negatively impacted if Utah becomes infamous for taxing people out of their homes. Seniors on fixed incomes will be, and are in fact, moving out, shifting significantly more tax burden onto younger families. This is bad for both senior citizens and younger citizens.

Many Utah citizens are living in denial having not yet experienced these large increases. But their turn will come next year or the year after. People who have already received large increases in property taxes are putting property up for sale and moving away or going bankrupt. Others are stressed as they see the most important possession in their life - their security and hope for self-reliance - being taken from them by an unfair antiquated taxing system.

So why does Utah still rely on an antiquated and unfair property tax system?

The answer lies in the fact that this system of taxation has the full support of the most powerful lobbying group in the state of Utah - the Realtors Association of Utah.

Chris Kyler, CEO of the association, bragged, "I've got people who are on county commissions, mayors, state senators. Our lieutenant governor was president of our state association about 20 years ago. Our people are involved in the parties, too. We've got precinct chairs and vice chairs and county delegates throughout the state."

No fewer than 22 people who make their living in real estate also serve as members of the Utah legislature. (Our Representative Froerer served as President of the Utah Realtor Association before being elected to the House in 2006.) Not surprisingly, Utah has some of the toughest real estate laws in the country—which protect the business interests of Realtors and their 6% commissions. (ref. http://governing.com/archive/2006/jun/realtors.txt

Kyler has been with the Utah Association of Realtors during the state's last eight legislative sessions. "Of the bills that we've opposed since 1999, we've been able to defeat 100 percent of them," he says. "We either defeated all of them or we amended them so that it made our position neutral."

So long as the present Utah property tax system is strongly supported by the powerful real estate lobby, we will not have fairness in taxation, and all citizens will suffer, young and old alike.

Acquisition value is easy to understand, easy to administer objectively, and it provides fairness for all demographics, while still providing a stable revenue flow for our taxing entities.

Tell your legislators and the Governor this by writing a letter to the editor of the Standard Examiner this week. They have a 250 word limit and say they will bundle themn and send to our legislators. This is a unique opportunity to make our voices count. I have written mine and sent it in, have you?

Property tax reform (not band aids on symptoms as suggested.)

Circuit Breaker “safeguards”: Yes, raise them to reasonable levels but tie to inflation.

Five year rolling averages: No, “We reran the taxes on an 18,000 residence sample to determine winners and losers. Winners were homes valued from $500,000 to $700,000 (i.e. the outside money coming into the state is bidding up the prices on that home price range). Half the tax shift was to $150,000 homes (i.e. out of state home buyers don't want an inexpensive home so prices on those homes are pretty flat.) The other half of the tax shift went to commercial property. I have decided that a 5 year rolling average is not the answer.
I now believe the answer can be acquisition value plus cost of living increase annually. I will support that concept. It will take a constitutional amendment but I think it is doable. What we have now is very unfair.” Senator Stowell.

Computer mass reassessments: No, requires Davis Co. to use computers. Weber, Utah, and Salt Lake have done it for years. Does not cure the “disease” (fair market value reassessments) and perpetuates inequities and magnifies errors in their data bases.

“There are others”: Yes, acquisition value (AV) or “baseline” Prop. 13 “type”. At least half the United States agree, having ditched “Truth in Taxation” and all its flaws. Find a homeowner who lived under AV, who does not think it fair and want it for Utah. I can not. Support credible study effort designed to recommend most fair property taxation and enact it next session.

Word count 250
“D-Bell”
285 S. 7200 E.
Huntsville, UT 84317
Phone: 801-745-1419 Cell: 801-710-6270

-Mortgage Bankers Association reports 3.92 % of Utah Mortgage loans
are at least 30 days past due, up from 3.71 % last year and first
time in ages Utah's rate increased.
-Realty Trac, a national home-foreclosure tracking agency shows:
60 homes in Davis Co. as "pre-foreclosure", 203 bank-owned, and 374
up for auction. Weber Co. is worse. 434 bank-owned properties, 196
in pre-foreclosure, and 343 up for auction.

Machman's speech to Utah Tax Review Commission, 1 Feb.

2008-02-02T12:20:00.000-08:00

"We are seemingly always talking about ways to optimize all taxes, continuously, at my expense and my friend’s expense. It’s at the little people, the poor dumb country boys' and girls' expenses, HALF of what the State needs to operate for the next year or thirty years, are whatever. We Utahans are ranked sixth as the highest taxed citizens in this Country to fund only half the State budget. We are paying every tax there is. We are taxed to death ladies and gentlemen. We are being taxed to the max. "

Remarks were made as a follow-up to a briefing given by two BYU PhD professor economists. Their briefing was made for some National symposium. The presenter questioned whether tax capitalization (when property is held on which low taxes are collected it increases the value of the property, hence the term “Tax Capitalization”) would occur if property taxes were lowered. Another, a professor a Doctor Corean, made remarks saying “homeowners are wealthy or well off.” Both remarks got me steamed. So I made the following comments before the Commission:

I am D-Bell from the Ogden Valley. On the subject of taxation and tax capitalization I’ve done extensive reading and research over the last five months. Michigan, which went to acquisition value many years ago for example, experienced a situation where it was an unexpected benefit. In that properties do increase. Their values did increase, and the realtors like that. And tax collectors and assessors like that too because more property taxes are gained. So it (tax capitalization) is not a downside, it is actually a hidden benefit. But only if property taxes are competitive or considered “fair”, which they are not at this time.

Now I would like to comment and point out a couple of things. And I totally support Representative Dougall and Representative Harper and how they have shown incredible thinking out of the box in their work. And I totally agree with what they are trying to do here. This is a shift from the property tax only. (Remove school district taxes from property tax bills in exchange for 1.61% increase in non food sales taxes.) Now “why”?

This is “relief” we are talking about and not “reform”. Ron sat here and talked about property tax “reform” (our coalition partner Ron Mortensen and Bert Hulet briefed an acquisition value proposal earlier). And we definitely need to take a go slow approach, and we need to form, and I think you need to support, what I called for on the 19th of September; a Blue Ribbon Study Commission. A study that lasts a year through the next interim session at minimum.

I called for a very credible study done by people at the top of their fields to recommend the best practices of what is available on a nationwide scale.

(Senator Hillyard made a comment earlier about being “just a dumb country lawyer” and Representative Dougall remarked “Yeah, sure, there are lots of dumb country farm boys in this room.”)

I am just a “dumb country farm boy” too, I guess. But you need to know that we are hurting out there. I know you have heard this before. But I do not think you quite realize just HOW MUCH we are hurting. How much we need both “relief” AND “property tax reform”.

And this “relief” is available immediately thanks to the good Representatives here (Wayne Harper and John Dougall) and hopefully with your support it will become law. It will reduce our tax bill in real dollars by between fifty-five (55). And, is Kris Poulson (Utah County assessor) here? I understand he is paying eighty (80) percent. It is a significant “relief”.

Now, it is true that the hydraulic principle applies here…you push in on a balloon and your finger goes into it on one side and the balloon bulges on the other side. It is the same with economics and tax collections. You do collect it from other means.

But the key issue here I think and I haven’t heard the word mentioned or thrown around very much. It’s a four letter word. I like four letter words. I can understand them. It’s called “fair” OK?

We residents need a tax reduction on property tax, a “relief” on property tax that is immediately available. We need it desperately in this State, in my opinion. And it is NOT just where I am from but from all across this State…”the little people”. We need tax “relief”, immediate relief in real dollars. Not some local Commissioner making ridiculous claims about how they stayed within pumped up budgets without raising taxes (referring to the idiocy of some Commissioners who use TNT and tax rates to make such bogus claims.)

Without tax relief - I don’t mean to sound strident, I don’t mean to sound threatening, I don’t want to try to intimidate. That is not my intent. You will see an uprising. You will see a property tax revolt without “relief”. I am not sure any of you are in-touch with reality, with just how serious an issue this is.

I personally have helped people in my little Town who are trying to struggle by on less than twenty thousand dollars a year. And their property is suddenly reassessed up to a half million dollars. It is ridiculous.

This current market value SCHEME, and that is what it is. Where everybody gains but the taxpayer, is just that. Another scheme. It is time for it to go away. Going back to acquisition value or baseline value or some other “reform” measure. And I know I am mixing “relief” and “reform” together and I am probably confusing you. I apologize for that.

(The esteemed economics professors and Commission chairman questioned previously whether sales taxes would actually increase if property taxes were lowered due to family debt loads.) Now, on the issue of a property tax that goes down and sales (tax revenue) going up concern. That is exactly what happens. If you cut my property taxes, in my case fifteen hundred dollars if this measure were passed. I am going to take that fifteen hundred dollars and I am going to go out and buy something with it. So there is your answer, Sir. No mystery here. It is a good, not a bad thing.

So there is another positive benefit to Representative Harper and Dougall’s proposal, which I think is a really good proposal, that can stave off significant economic harm to this State.

Let’s talk about volatility. The volatility of sales taxes versus property taxes. The truth is they are both very stable historically. So to suggest that sales taxes fluctuate too much (or volatile) and property taxes are “stable” is a myth. Over the past twenty-five years both curves are almost identical and within three tenths of one percent of eachother.

But, I ask what is going to happen when the word goes out through the AARP crowd that Utah is bad for retirees? Nobody moves here. What happens to the "stability" of property taxes then?

Think about this. The Center for Public Policy and Administration, University of Utah, published a paper “An Evaluation of Utah’s Tax System and a Comparison of Eight Intermountain Western States, 28 Nov. 2007”.

The last paragraph of the summary says surrounding States have a niche if you will…

Wyoming’s niche is about 50% of their total State revenue comes from natural resource extraction and federal government revenue. And in terms of property tax fairness, Wyoming ranks as a top performer in the Intermountain West. And Wyoming has the lowest combined state and local sales tax rates in the study at 5.39%.

Wyoming: no income tax, lowest combined state and local sales tax and “competitive” or fair property taxes.

While in Nevada selective sales taxes are significant reflecting the importance of the gambling industry as a source of state revenue. Nevada and Colorado have the least regressive sales tax policies. Homeowner protection using modified acquisition value via 3% cap on annual assessments increases and an average assessment of a set number of prior years is called a “best practices” by the study.

Nevada: no income tax, and the least regressive sales taxes, acquisition value property taxes with 3% cap and rollback provisions.

Utah: In the case of Utah, state tax revenue accounts for less than 50%, on average, of state direct expenditures, the lowest of the states in the study. Federal revenue in Utah is a significant source of funds. Tax revenue overall funds 50% or less of direct state government expenditures.

Utah: income tax, sales tax, property tax to fund less than half state expenditures.

Where does half the revenue for this State come from? The Federal Government. We are so good and forgive me for this, but “for sucking the public tit” from the National Government in federal grant money and in federal payrolls…

So what we are really talking about here is the three and a half billion dollars. We are seemingly always talking about ways to optimize all taxes, continuously, at my expense and my friends' expense. It’s at the expense of "us little people", the poor dumb country boys' and girls' expenses, to finance only HALF of what the State needs to operate for the next year or thirty years, are whatever. We Utahans are ranked sixth as the highest taxed citizens in this Country to fund only half the State budget. We are paying every tax there is. We are taxed to death ladies and gentlemen. We are being taxed to the max. OK? And I appeal to you to just understand that.

That we are up to here (head held at eye level) with taxes. And what Representative Dougall and Representative Wayne Harper have proposed is “RELIEF” that we desperately need. Sales taxes which broaden the public school tax burden and make it a more "fair" tax for everyone. I am begging you to hear me.

I know you are not the decision makers. I know that this is a commission. A review Commission. But you can have a positive influence on this proposal and I ask you for that.

Thank you.

Contact Information & local Representative "Political" mailer

2008-01-26T11:22:00.000-08:00

First the "quick contact" Utah House of Representatives info:

To leave messages for Representatives during regular business hours:
Telephone (801) 538-1029

To Fax Representatives (each fax must be to an individual representative)
Fax (801) 538-1908

Use the map at this site to find out who your Utah State Representative is:
http://www.le.state.ut.us/house/DistrictInfo/newMaps/State.htm
Use the map at this site to find out who your Utah State Senator is:
http://se15.utahsenate.org/perl/spage/distmapal.pl
Utah State House Roster:
http://le.utah.gov/house/members2005/membertable1add.asp
Utah State Senate Roster:
http://www.utahsenate.org/perl/spage/roster2007.pl
Courtesy of Eagle Forum where I got it from...MM thanks Gayle!

Now gentle readers for the political mailer and some facts:

Received on 26 January and paid for by the Utah Republican Party, the local Representative says:

(1) He has placed property tax reform at the top of his list of priorities.
(2) He will fight to limit taxes, control spending at all levels of government and correct problems seen with this year's valuations.
(3) He says "Now is the time for change in our property tax laws. I invite your input as we tackle this complicated issue".

OK here goes. I will try to "tackle" this complicated taxation dummy issue. Property tax "reform" (as opposed to "relief") means changing the root cause of why our property taxes have continued to spiral upward. It means getting rid of confiscatory taxation uniquely tied to Realtor Association desires for turnover and inflated values (6% commission protection). It means recognizing that "fair market value" is male bovine excrement. Assessments based upon them are equally BS. No other tax is based on the speculative guess work of Realtors and appraisers using Realtor controlled MLS information. Simply put "fair market value" is neither "fair" nor an accurate reflection of "value". It is not now nor has it ever been.

So with tax "reform" at the top of your list what exactly have you done?
(1) You have opposed openly every attempt to have acquisition value taxation proposed.
(2) You have even posted anti Prop 13 type propaganda extensively on the Ogden Valley Forum under your blog.
(3) You have vehemently opposed Utah becoming a "Full Disclosure State" (RE 15 August Snow Crest statements). Full Disclosure is a basic prerequisite for Acquisition value (purchase price) based property taxation.

What's this? A deathbed conversion?
Suddenly your website shows you have a bill in the mill for "Modified Acquisition Value Taxation" - well its a little late don't you think? Maybe even a little disingenuous. Six months of Interim Revenue and Taxation Subcommittee study have passed and only 40 days remain in the session.

So much for the "Top of your priorities". Can't wait to see this modified acquisition value proposal! If it is like the one Senator Niederhauser was proposing (HB 54), it has absolutely nothing resembling purchase price or acquisition value reassessments with a cap for inflation. A late grandstand effort for purely political reasons is apparent. You are pretending to be in favor of acquisition value or purchase price taxation while at the same time "supporting HB 54 and the current disease of "Fair market value" and it seems very disingenuous, since they are mutually exclusive...you can not honestly support one while supporting the other. So which is it? We who vote are not fools.

Then you say you will "fight to limit taxes, control spending at all levels ... and correct problems seen with this year's valuation."
Cool, sounds good so show us the legislation you have proposed. Where's the beef? I do like the one where there is a penalty for claiming residential discounts fraudulently (tax evasion). Back taxes at 100% plus 10% penalty. But why five acres instead of three to qualify for the 45% discount?
You say Priority 1:
Limit increases in government spending. Your tax bill should not increase at a higher rate than normal inflation. You support legislation to limit taxing entities from raising taxes beyond the inflation rate. If greater tax increases than inflation a vote of the people would be required.

That sounds a lot like Senate Bill 29:
TRUTH IN TAXATION AMENDMENTS
2008 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Wayne L. Niederhauser
House Sponsor: John Dougall
LONG TITLE
Committee Note:
The Revenue and Taxation Interim Committee recommended this bill.
General Description:
This bill amends provisions in the Minimum School Program Act and the Property Tax
Act relating to property tax advertisement and hearing requirements.
Highlighted Provisions:
This bill:
......requires a taxing entity to submit certain property tax levies to a vote of the people prior to imposing those tax levies;

I understand SB 29 never made it out of the committee. It was pulled by Senator Niederhauser after Senator Stephenson opposed it. Based upon the notion taxing entities would just hike our taxes every year at a rate just under the inflation rate (CPI) to avoid an election. Hmm, so much for Priority 1. Will it ever resurface or pass? Doubt it.

Priority 2: (the mailer proclaims...) Decrease property tax dependence. "I am supporting legislation that would shift a portion of our local property tax burden to other revenue sources such as sales tax. Our local taxing entities should be supported by all users of government services, not just those who own property."

That is a Bill both Representative Wayne Harper and Representative John Dougall worked up separately. To date no Bill number has been assigned as the two of THEM work to combine into a single bill. But I give you personal credit for suggesting it early during the Interim sessions. And I fully agree with the concept. But it does absolutely nothing to "reform" property taxation. In fact it would, if passed provide significant "relief" to property tax owners on their November property tax bills (between up to 55% to 75% less dollars depending on how much is shifted to sales taxes). But the prospects for this Bill making it through the UEA Union influences are slim. And again it at best just shifts the school district tax burdens, it does not reduce them.

Priority 3: Eliminate spikes in valuations. In your mailing you said:
"To eliminate property tax spikes, I am supporting legislation that would require counties to complete property assessments once a year, rather than once every five years. The burden would be on the county to verify the fair market value of a property, not the taxpayer."

This really means you will vote for the work done by Representative Harper and Senator Niederhauser on HB 54. http://le.utah.gov/~2008/bills/hbillint/hb0054.pdf Then you say "The burden would be on the county to verify the "fair market value" of a property, not the taxpayer." I have read the Bill many times and can find no such provision in it. And after comments by our County Assessor's office senior personnel, "If that were true it would more than double or even triple the size of the assessor's offices and budgets." I have met with them several times, just as I have studied HB 54 and can find no such provision. Perhaps you would like to tell us where exactly that provision is? Is it in another version? Did I miss something?

Maybe you would care to explain to us why you again are sponsoring HB 333? Why has this bill been "stealth" titled on this second attempt? Instead of "Property Tax Deferral -senior citizens" your HB 333 is covertly titled simply "Property Tax Revisions". Where is the truth in that? You did the same last year in April. (H.B. 78, This document includes House Committee Amendments incorporated into the bill on Thu, Feb 15, 2007 at 12:19 PM
Representative Gage Froerer proposes the following substitute bill:
PROPERTY TAX DEFERRAL - SENIOR CITIZENS 2007 GENERAL SESSION
STATE OF UTAH Chief Sponsor: Gage Froerer
Senate Sponsor: Dennis E. Stowell
This bill modifies the Property Tax Act to amend the provisions relating to the abatement or deferral of certain property taxes.

One can not say "no one" or "never", but it is safe to say that available research says about 25 States have some form of this - Realtor Association supported legislation (Re Kohler, 19 Sept, testimony before Revenue and Taxation Interim committee). You and the Realtor Association need to understand how "most" seniors in this Country feel about "Deferred property taxes" on which 6% interest is charged.

True, when the "poor" senior dies the property, including even a mobile home, will most likely have to be sold to pay off the compounded interest and back taxes to clear the lien put on the property. And true that will increase the "fair market value" assessment, generate more property turnover and thus 6% realtor commissions. But most "poor" seniors have not chosen this option in States where it is offered. There is some evidence "poor" seniors actually self euthanize (commit suicide) before putting their heirs in such a dreadful position. I can not understand how anyone, let alone my representative could EVER support, much less continue to sponsor, such Machiavellian legislation.
LEGISLATIVE GENERAL COUNSEL
Approved for Filing: A.D. Oakes 6
01-24-08 10:48 AM 6
H.B. 333
*HB0333*
PROPERTY TAX REVISIONS
2008 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Gage Froerer
Senate Sponsor: ____________
General Description:
This bill modifies the Property Tax Act to amend the provisions relating to the
abatement or deferral of certain property taxes.

And then there is the matter of your cosponsoring legislation (HB 296 - Approval of Subdivisions") which would make it legal for developers to go around local planning commissions like the Ogden Valley Planning Commission and directly to County commissioners if the developer could prove they have met all local ordinances. It almost passed as we recall.

Then came HB 466 which effectively does the same thing by making it easier for developers to get around local planning commissions AND county commissioners by making it ridiculously easy on developers, who are generally also Realtors, to simply create their own Towns. And the icing on the cake, developers submit a list of candidates from which the Mayor and Town Councilmen and Planning Commission are selected! What arrogance! It did pass 66 votes and one absence. So you must have voted for that "beauty" too.

I would submit Sir, that you in fact represent the Realtor Association and Developers and not me or the citizens of Ogden Valley or Weber County. If you do, you have one hell-of-a-way of proving it. Your track record shows a gross inclination toward supporting your own profession (blatant Conflicts of Interest) and the Utah Realtor Association for which you served as President.

On second thought, maybe you are, considering the number of Real Estate agents, brokers and developers in this Valley.
I guess next we will hear how much on top of the Powder Mountain situation "we" are. From Rudi's post on the Weber County Forum, "Down south on Capitol Hill, Senator Stowell has already cleared committee and is headed to the senate floor for a vote with his SB-25, which would modify the provisions of last year's flawed HB-466. If Sen Stowell's bill sails through the legislature as anticipated and becomes law prior to Powder Mountain Town's formal incorporation, Mr. Arnold's devious plan to bypass Weber County in the planning process is "toast." The race is on; and Mr. Arnold doesn't have a minute to lose. Grab your popcorn and pull up your barca-loungers, gentle readers. This one will be interesting to watch. And if you're the type who'd rather participate, rather than merely observe, Senator Stowell's contact information is available here."

And of course we know for sure you are doing everything within your power to reverse this beauty of local Ogden Valley criticality, "Senate President John Valentine, R-Orem, said several attempts at forming new towns are already happening under HB 466, including Powder Mountain in Weber County, and making them restart the process under new rules would be unfair. "

At least we sure hope you are "Representative" Froerer. Representing us citizens instead of your own business interests that is. You Sir, are a very big part of the problem not the solution.

Namaste,

Minor Machman

It is beginning to work. You are making a difference.

2008-01-25T10:09:00.000-08:00

Huntsman backs some property tax reduction
By Lisa Riley Roche
Deseret Morning News
Published: Friday, Jan. 25, 2008 12:34 a.m. MST
Gov. Jon Huntsman Jr. said Thursday he was willing to consider reducing property taxes this legislative session, but the $100 million cut proposed by his fellow GOP lawmakers may be too much.
"That would sound to me to be high," Huntsman said during the taping of his monthly press conference broadcast on KUED Channel 7. But he said even though he included no tax cuts in his nearly $13 billion budget, he'd consider a cut in property taxes.

"There's a lot of talk about a property tax cut. As soon as something hits my desk, I'm willing to look at it," the governor said. "That is the only area of tax cuts that I would be interested in considering."

The governor did not mention his opposition to new tax cuts in his annual State of the State address Tuesday, something that House and Senate leaders saw as a sign he was willing to go along with their plans to give their constituents another tax cut this year.

By the end of the 2008 session, Valentine said he was confident Utahns will have been given another tax cut.

Curtis said Huntsman's willingness to consider property tax cuts is "a positive step," considering that Huntsman didn't include any tax cut in his recommended budget.
"There will still be a lot of dialog and compromises. Before we get too locked in, or entrenched to a number, we have to get our February revenue updates" for the 2008-09 budget year, Curtis said.

Friends and neighbors,

Let's be sure they hear "a lot of dialog" from all of us. Again I remind you I can not do it alone. You need to pitch in with your weekly emails to legislators and to the Governor himself.

A Bill to watch (and I feel we should support in our dialog) is Senate Bill 29. Amendments to Truth in Taxation. In essence it says in order to raise our taxes above any amount greater than inflation (Consumer Price Index) the taxing entity has to submit the proposed tax levy to a vote of "we the people" during a November election. This is at least an effort for us to have a say into whether they can continue to raise our taxes "willy-nilly" without any real controls put on "other taxing agencies".

Senator Greggory Bell (no relations too me) from Fruit Heights is vehemently opposed and is putting out a plea for lobby groups from the Utah League of Cities and Towns and the Counties to come to the Capitol to lobby against "us having a say in tax increases". Imagine that? A Senator wanting our own local government surrogates to come lobbying against us having any say in gross over taxation and a tax system without effective controls. Yes, I know TNT says by law they must advertise and hold TNT hearings. But when was the last time they did that and listened to the few who bothered to show up? Even when we show en mass, more often than not they just increase taxes anyway. This is one reason why the TNT system does not work and there of course are many others you should already have learned about by now.

"SALT LAKE CITY -- A property tax bill opposed by Davis County leaders could end up getting passed, legislators warned during a Thursday meeting.
Senate Bill 29, sponsored by Sen. Wayne Niederhauser, R-Sandy, would require any taxing entity that increases its property tax rate above a certain level to put it before voters.
"I'm telling you that bill has some legs," Sen. Gregory Bell, R-Fruit Heights, said at a Davis County caucus meeting. "I'm vehemently opposed to it, but we've got to have counties, the league of cities and towns come down and talk."
Davis County Commissioner Louenda Downs said the Davis County Chamber of Commerce Legislative Affairs Committee has not taken a stand on the bill, but plans to watch it carefully.
"We hope you will be cautious about anything that looks like a knee-jerk reaction," Downs said. "We know you've been contacted by a number of citizens hit hard with the property tax."
Bell said the bill has not made it to the Senate floor yet, but he expects it will and "it's going to be hard to vote against" if legislators do not hear from opponents.

Simply amazing, but then this same guy once Mayor of Farmington, and who lists himself as a Real Estate Developer, is the same guy who said in October openly that he would not support Utah becoming a full disclosure state (meaning legal requirement to disclose the price paid for a home). He went on the explain that if he were, for example, living in a half million dollar home he would not be inclined to tell the assessor. But would rather lay low hoping to be assessed at the lowered market values of his neighbors, say in the $300,000 range.

Strange honesty don't ya think? Senator Bell was saying "quite honestly" I might add, that he would prefer to lie and cheat his neighbors by effectively shifting his tax burden onto them. Plaudit for your "honesty" Senator but your ethics and character take a hit at the same time it would seem. Sorta of like the above situation where he seems to be asking the "fox" to "please" come to the Capitol and "guard the hen house".

Don't know about you but these "foxes" deserve to be sent by us "roosters and hens" to England and out of our legislature in my own opinion. Maybe you will share it with me when elections roll around.

Namaste,

D-Bell

If you live in Tooele County, Box Elder, Cache, and some of the other Counties here are your legislators and their email addresses.

2008-01-23T12:09:00.000-08:00

With the 2008 general session of the state legislature just kicking off, here's a guide to who represents whom in Tooele County:

State House of Representatives

District 1 includes Box Elder County, outside of Brigham City, and Tooele County, outside of Tooele Valley. The district includes the cities of Grantsville, Stockton, Rush Valley, Vernon, Wendover and Ophir. District 1 is represented by Ronda Menlove, R-Garland. Her official state e-mail address is rmenlove@utah.gov.

District 21 includes Tooele Valley, except Grantsville. The city of Tooele and the communities of Erda, Stansbury Park, PIne Canyon, and Lake Point are all part of District 21, which is represented by Jim Gowans, D-Tooele. His official state e-mail address is jgowans@utah.gov.

State Senate

District 12 includes part of West Valley City and northwestern Salt Lake County and sweeps up and over the Oquirrh mountains to include Stansbury Park. The district is represented by Brent Goodfellow, D-West Valley City. His official state e-mail address is bgoodfellow@utahsenate.org.

District 13 includes part of Utah County including the communities of Lehi, Payson, Santaquin, Saratoga Springs and Eagle Mountain. It also includes the southeastern corner of Tooele County including the communities of Ophir, Vernon, and Faust. The district is represented by Mark Madsen, R-Lehi. His official state e-mail address is mmadsen@utahsenate.org.

District 17 includes a part of western Cache County, Box Elder County, and parts of Tooele County including Tooele City north of approximately 600 North, Erda, Pine Canyon, Lake Point and Grantsville. The district is represented by Peter Knudson, R-Brigham City. His official state e-mail address is pknudson@utahsenate.org.

District 24 includes Juab, Piute, Sanpete, Sevier, and Wayne Counties, along with parts of Tooele County including Tooele City south of 600 North, Rush Valley, Stockton and western Tooele County including Wendover. The district is represented by Darin Peterson, R-Nephi. His official state e-mail address is dpeterson@utahsenate.org.

The 24th and 17th districts split Tooele City roughly in half.

Please remember to write your weekly email to your Senators and Representatives asking for significant property tax relief and reform during this session. To write the Governor, you can go to the state website: http://www.utah.gov/ then click on "constituent affairs", then click on "Contact the Governor" fill in your information and type in your concerns in the box provided.

Coalition monitors report little progress during today's legislative session. Much confusion exists, with several coalition members lobbying key legislators for acquisition value taxation. Bills are mostly not "ready for prime time" yet and therefore not ready for debate in either house. The annual computer assisted reassessment Bill HB54 sponsor, Rep Harper, says it is not intended to deter legislation on acquisition value and the computer systems (of County choice) will be available in either event whether current market value or acquisition value based property taxation. Senator Valentine's legislative research group confirmed what we already know...that a constitutional wording change will be required if they pass acquisition value.

Other Coalition initiatives include a Pledge which is being drafted which will be used to try to nail down specific legislator's intentions regarding property tax relief and significant property tax reform this session. Our "Sandy man" Larry Engel is working on it and plans to use the Young Republican's to distribute the pledges among the legislators very soon.

Another initiative is a Taxpayer's Contract with the legislature which is also being drafted and will be presented also in a news conferance or press release. The list of taxpayer demands will hopefully clearly communicate what we as citizens and taxpayers want from our legislators. I anticipate (and in fact have provided about 15 "demands" so far in draft form. For example "We demand the right to have legislation passed which makes it a felony to give or receive gifts of any value. We demand the toughest laws available in the Country to protect us from further illegal immigration. The right to fair taxation without incrementalism nor "forever taxation" (tax law without an end date). Etc. When and if we as a coalition can agree on exactly what we want of our legislators I plan to present it to the Governor and/or the President of the Senate and Speaker of the House.

If property tax reform is not taken up within a reasonable time this session we may well have to mobilize and march on the Capitol enmass. But I think we should give them the opportunity to deliver more than lip service first before we do that and therefore exhaust every reasonable means of working within the system first.

Then if you read the preamble to the Constitution the way I read it ...it may well be time to remind them..."that whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness." (Thomas Jefferson, partial from the Constitution)

This says to me we have a responsibility to elect new representation if they continue to accept bribes and practice graft and corruption. If they continue taking "campaign" contributions in the hundreds of thousands of dollars even not during election years, exhibiting unethical and immoral lapses in judgment, disregarding blatant conflict of interest etc. Passing laws like HB 466 without a single opposition vote, for example, yet with a Senator sponsor who had received the majority of his campaign contributions from the realtor - developer lobby.

It is our responsibility to effect change first by communicating exactly what we want from and expect of our legislators. If they do not respond, they do not represent us, simply elect those who will support what we want. "Cynicism is a poor man's wisdom" someone once said. Let us not have it said by our children we were "poor" stewards of our constitutional responsibilities and civic duties. Cynicism is not enough. As Henry David Thoreau reminds us, "We must be men of conscience and act."

Namaste,

Minor Machman

The Daily Herald does it again in this OPED piece. It is a must read.

2008-01-22T18:48:00.000-08:00

Tuesday, 22 January 2008
Should property tax hikes be limited?
Daily Herald
If the people were asked directly about property taxes, we're willing to bet that they'd tell their representatives to limit increases by law, just as California did in 1978 with Proposition 13.

Plenty of Utah homeowners experienced "sticker shock" last year when they opened their property assessments or tax bills. Their reaction has just as much to do with philosophical questions of fairness and government power as they do about dollars.

California's Proposition 13 required that "the maximum amount of any ad valorem tax on real property shall not exceed 1 percent of the full cash value of such property." Its passage resulted in a cap on property tax rates in the state, reducing them by an average of 57 percent.

In addition to lowering property taxes, the initiative also contained language requiring a two-thirds majority in both legislative houses for future increases in all state tax rates or amounts of revenue collected, including income tax rates.

The measure received an enormous amount of publicity throughout the United States, and its passage presaged a "taxpayer revolt" that contributed to the election of Ronald Reagan in 1980. Thirteen similar measures passed that year alone.

Behind Proposition 13 was the sentiment that older people should not be priced out of their homes through ever-rising taxes. It has been called a "third rail" (meaning untouchable) in California politics, and it is politically risky for any politician to attempt to change it.

We wonder whether Utahns would support a similar measure. Our guess is that they would in large numbers.

Utah, for all the rapid changes of recent years, cherishes its frontier spirit. People moved out here, whether on a wagon in 1847 or in an SUV in 2007, to control their own destinies. But no person can do much about many of the factors that affect the value of his home, or the resulting tax penalty imposed by government.

A home is an investment, the largest that most people will ever make. Yet, unlike virtually any other investment -- whether gold or euros or securities or stocks -- the government can tax your property higher year after year based on an alleged "market value" that is influenced by commercial real estate professionals. Never mind that the real estate industry benefits by increasing values.

With other investments, you pay taxes after a transaction. You can hold the investment without tax until the day you sell. You don't pay more because somebody says it's "worth more" while you're holding it, just because you were wise enough to buy when the price was low.

When you make a profit on your investment, then you pay tax. And that is fair. But ongoing property taxes are fundamentally unfair in this respect. They go up even though no transaction has taken place.

It was different in past centuries. Property owners were the wealthy, and property tax was a way of generating revenue in a mainly agricultural economy. Today, it's hard to make a case that most homeowners are wealthy. If anything, a home is a money pit. The last thing most of us need is a mid-stream tax hike.

Most taxes are based on a transaction. Not so with a house you bought 20 years ago and raised your family in. You pay the government more money just because. You pay just because you made an investment and the government wants a piece of it. You pay just because you were wise enough to look to your retirement future.

If you sell your home for a big profit, it's fair that the investment income be taxed. But under the current system, the government wants your money in advance. And if your income doesn't rise with rising taxes, you can literally be taxed out of your home.

Some suggest that if sales tax arrived in annual bills, to be paid in lump sums, property tax would quickly slide to third place on the list of detested burdens. But this makes our point: Each instance of tax is based on a specific transaction, and everybody can do the math. There's no dispute about the value of a sales transaction.

By contrast, an increase in property tax is based on nothing but opinion. It's like paying sales tax based on what the government thinks you might spend on goods and services, or like laying a tax on the stock certificates in your bank's safety deposit box.

In this view, sales taxes are intrinsically fair. Property tax is intrinsically unfair -- an increasing burden placed upon people for no other reason than the fact that they hold an investment over time.

Some Utah lawmakers are working up bills to cut property tax or ease its impact. Sen. Wayne Niederhouser, R-Sandy, has proposed that government must hold an election to authorize any tax increase over the rate of inflation. Rep. Wayne Harper, R-West Jordan, has proposed that assessors in the 10 most populous counties use a computer-assisted mass-appraisal system to update values.

But these proposals do not address the fundamental fact that a home is no different from any other long-term investment. They would maintain the property tax just because that's what we've done for decades, not because it's logical.

The Citizens' Coalition for Tax Fairness advocates a system based on purchase price in a transaction, not some amorphous market value. The group, made up of several Utah grass-roots organizations, would put the brakes on assessment increases.

We think it's time for a new look at property taxes. Perhaps they are an outmoded concept. The state Legislature should refer this matter to the people for advice. It doesn't hurt to ask, does it?

Prop 13: Protecting Taxpayers and Politicians

2008-01-20T15:46:00.000-08:00

Greetings friends and neighbors,

This article was written a few years back by a California legislator. Funny thing about Proposition 13 which was an experiment begun some thirty (30) years ago now. What with all the people who have moved here from California and settled in Ogden Valley to Saint George I have yet to meet one who did not love it. Whether a public servant, businessman, or homeowner...they all have nothing but good things to say about it while they lived in California.

The only ones in these parts that seem to want to kill it are Realtor Association members for the most part. And a few who are concerned unnecessarily about how it might effect public services. The author (and I apologize for not providing his name but I lost it) puts those concerns to rest fairly well. Also those who actually live among us now and who worked in public services areas of California have nothing but good things to report about how it affected their lives.

Detractors locally like to "preach" about the "Three legged stool; income, sales and property taxes". And of the three, how property taxes are the most "stable" and "dependable" since they must be paid no matter one's "ability to pay".

My argument is just how "stable" is an onerous property tax which increases beyond a homeowner's ability to pay? What happens when the word gets out that Utah has oppressive property taxation? How "stable" are Realtor driven market valuations hence property taxes which cause people to leave Utah, or not move to Utah as retirees on fixed incomes? Young people study cost of living indexes before accepting a job in any State as part of their salary packages to determine whether or not to live in Utah. When they see Utah is always ranked in the top ten (10) highest taxed States in the Union...like seniors they turn away. How does that help the Realtor Association?

Seems like very bad tax policy and business to me. If you agree (or disagree) let me know please.

Namaste,

Minor Machman

Proposition 13 is frequently held up by many as the root of all evil in California. It is the consistent target of vilification by government agencies that wish they could get their hands on more of your tax dollars. Proposition 13 was passed to protect property owners from abrupt and excessive run-up in property tax bills and has likely saved countless retiree homeowners on fixed incomes from financial ruin. Yet, the understated, but not unintended, golden nugget in Proposition 13 is that it has also saved politicians and government officials from themselves by limiting their ability to spend wildly.

In my nine years of working with governmental budgets I have come to recognize that those of us in the public sector charged with making budgets could make our budget struggles much less unpleasant if we were to practice a smoothing of spending over time. I admonished my colleagues at the local level that we should forecast revenues over an extended period of time, establish an average revenue level, and then limit annual spending to that average. Revenues in any year above the average should be held back as a reserve. Then, when revenues inevitably fall, we would have enough resources to avoid painful levels of cuts. Cutting programs can be one of the most difficult and trying things for an elected official to do. It makes good sense to use this method of budgeting. Unfortunately, I discovered that good sense doesn't prevail over the pressure to spend on any level of government. I have learned that an unstated principle of public budgeting seems to be that spending will expand to the level of tax revenues that we see before us in the current year only.

In one of his recent Sacramento Bee columns, Dan Weintraub pointed out that Proposition 13 has actually acted as a revenue stabilizer and in essence forced the very smoothing of spending over time that I longed for as a local elected official. Mr. Weintraub called it a ''surprise'' benefit of Proposition 13 that shouldn't be overlooked, and I couldn't agree more.

With Proposition 13 and the caps on property taxes that it provides, revenues to government agencies are naturally leveled out and smoothed over time. This mechanism provides a much more consistent revenue stream for local government in contrast to what the State sees with wild year to year fluctuations in income tax revenues. By capping property taxes at levels that reflect the home's original value, local governments can better anticipate their property tax revenues and moderate their spending.

Of course, it is that statement about a home's original value that always leads to further attacks on Proposition 13. As Mr. Weintraub points out in the same article, there is ''…an element of Proposition 13 that has come under attack, because two homes next to each other and worth the same amount can be taxed at wildly different levels . . .'' Proposition 13 detractors have long said that these different levels of taxation are unfair.

As Mr. Weintraub correctly noted in his article, ''A home that sells for $300,000 one year and is worth $320,000 the next will be assessed at only $306,000, reflecting the 2 percent cap in annual increases. After a few years of big growth of the kind California saw in the early years of this decade, such a home might be worth $500,000, but its assessed value would still be close to the original purchase price. The owner is sitting on a mountain of untaxed equity.''

True, but the good sense of Proposition 13 is that this ''mountain of untaxed equity'' has absolutely nothing to do with the homeowner's ability to pay a tax bill. Those who attack this impact of Prop 13 as unfair are forgetting the tragic unfairness of pre-Prop 13 circumstances where senior citizens were taxed right out of their constantly increasing value homes while their incomes remained stagnant.

At least two other states (this article is dated having been written several years ago as most other States have also gone to acquisition value or purchase price based reassessment taxation which are "Prop 13 based".), Florida and Texas are currently looking at implementing Proposition 13-like reforms as abusive local governments have taken advantage of unusually escalating property values. Beleaguered taxpayers have taken their grievances about these abuses to their state government and their legislatures are wisely looking into the issue.

So as Proposition 13 continues to be a target for attack by those in government who believe that it handcuffs them from raising new revenues to pay for new programs, politicians and government should instead be thankful. Proposition 13 has provided consistent, predictable revenue streams that have protected politicians from themselves and their wild spending ways, while living up to its intended purpose of protecting taxpayers from abusive tax increases.

If you have gotten this far I have a "test" question for you. What is "tax capitalization" a how does it relate to acquistion value taxation? MM

Like I said, "Huntsman not keen on tax cuts"

2008-01-17T15:52:00.001-08:00

Greetings friends and neighbors,

I my quest to keep you up to snuff on important property tax issues the following article is repeated from today's Tribune. But first a personal note and caution for you to consider.

After meeting with three new coalition members for three hours, I had an interesting conversation with the Weber Assessor's office (Doug Larson) today. There are still some appeals which have not been completed. Mine, for example, is in the "short pile". Turns out that in the 1990's someone "who no longer works there" incorrectly put a card in my file saying I have a full finished basement (1,340 square feet). In truth we have a 110 sq. ft. unfinished "fruit room" you can not even stand up in.

I tell you good folks this because whether you appealed your property taxes or not you need to carefully consider going downtown and insisting you review the data the Weber County (or Davis or any other County) Assessor has in their data base on your property. In my personal case the Weber County Assessor has been taxing me on erroneous data which basically doubles our home's size since the 1990s.

Will I receive any back taxes or credits for a gross error made by the Assessor's office which doubles the size of my home? Not likely. Will you? Also not likely. So I highly recommend two things; (a) do your own audit of what they are taxing you on. Make no assumptions that the data they have is correct. (b) actively join in the opposition to House Bill (HB 54) which forces all counties to use computer assisted mass reassessments, which only hide and magnify gross errors in assessor's data bases.

Huntsman not keen on tax cuts
But will consider property tax reform
By Sheena McFarlandThe Salt Lake Tribune
Article Last Updated: 01/16/2008
Gov. Jon Huntsman Jr. won't consider anything resembling an income tax cut, and is cautious about any tax relief in light of a faltering economy. However, property tax relief is the one area he says he will "look at with an open mind." "I've never felt that we ought to have tax cuts as our priorities this year. I'm not going to look seriously at anything beyond a property tax relief package . . . the other areas I'm just not interested in," he said Wednesday in an interview. "We started this year with record tax cuts, but now we're entering a period of economic uncertainty. Let's see how these tax reform measures play out this year and see how that leaves our state." A tax law went into effect Jan. 1 that creates a modified "flat" income tax system in the state and will cut taxes an estimated $110 million. House leadership this year is looking at a tax-cut package of about $88 million with $15 million going toward a tax credit for those paying for their health insurance with post-tax dollars. The rest will go to property tax relief. "We don't have any income tax cuts planned," said Speaker Greg Curtis. Currently, legislators have filed 26 bills addressing the property or income tax. But Curtis also recognizes that projected revenues were too high, and that means sticking to funding basic needs. He compares this session to a Christmas when money is tight. "This is a socks and underwear session. We'll still be able to buy some things, but it's going to be the necessities," Curtis said. Senate budget chairman Lyle Hillyard said Senate leadership is leaning toward a property tax cut as its top priority. "We've done income and sales tax in the past, and we know people are very sensitive about [property taxes]," he said. "But a big thing is seeing what comes in February. If revenues have dropped off at all, that will make us nervous about what tax cuts we'll make." Senate President John Valentine says in addition to property tax cuts, senators are looking at two secondary areas. One involves giving a tax break to corporations who do out-of-state sales and the other would attempt to better equalize state funding for school buildings. Not knowing what will happen in February is one reason why Huntsman wants to see different funding for various areas, including education, human services and transportation instead of doling out tax cuts. "People are feeling the pain of property value increases," he said. "But it's prudent first to watch how this year plays out and how it affects the economy and secondly to move on to our next priorities." http://us.f527.mail.yahoo.com/ym/Compose?To=smcfarland@sltrib.com

Send the Governor an email/letter once a week from every member of your family.

2008-01-16T16:08:00.000-08:00

Let’s send emails to our Governor: www.utah.gov/governor

Sample:

Subject: Your Utah budget priorities, Where is property tax reform?

Governor Huntsman,

Please accept my gratitude for your public service. You and your wonderful family are wholesome representatives for our State. And I know how your duties as Governor take you away from family, and the sacrifices you are making on our behalf. So thank you very much for your service Governor Huntsman.

But I wonder if you are in contact with the financial realities of every day citizen’s hardships living in Utah. I say that because of your wealthy background. And the fact that your recently announced budget priorities said nothing about the onerous and oppressive taxation we little people are enduring.

I know the new single rate or flat rate income/education tax is supposed to help. But we are ranked about sixth in the Nation for having the highest total taxes, even when half the State’s revenue comes from the Federal Government (and we also pay those Federal Taxes). However; property taxation has become so oppressive we are being forced (or…. to re-budget for my young family eliminating some items from our diet, school activities which charge fees for my children, and drop our health care plan among other cutbacks - just to afford the property taxes. {Tell your own story or a story about someone you know, like your mother or dad or grandparents trying to hang on praying for property tax reform and relief}) to consider cutting back on heating my small home, or stop taking some of my medications, and cutting back on buying food in order to pay the property taxes on my home. I wonder if you understand that it does not matter if I/we are ill, have massive hospital bills or have lost employment that we must pay our property tax bills all at once or suffer a 10.25% penalty fee and then have another 12% interest charged on top. And we have no idea what our property taxes are going to be from one year to the next. My property taxes went from ____ last year to _____ this year and we could not possibly budget for that amount of increase. So this last year was a lean Christmas and we continue to sacrifice, we think unfairly, for property taxes which seem way out of control and inaccurate.

The Statewide average property tax increase has been widely reported to be more than 22%, yet the rate of inflation and cost of living has increased only a little more than 2%. Why can’t we have our property assessments based on what we paid for our home with only inflation increases each year? Most other States have “purchase price” or “acquisition value” plus inflation property taxation with a cap.

Please make significant property tax reform a priority for our legislature to get us away from this old and unfair property tax law situation. We honor you and your family for your sacrifice on our behalf. Please honor our request for significant property taxation reform/relief.

Respectfully,
Name:
Phone:
Email:Address:

Sample email/letter with contact information. "Just do it" and get used to it. Heat's on...

2008-01-15T11:32:00.000-08:00

Jowers said, "When citizens get involved in a legislative campaign or an issue, they are always more powerful than a special interest." He added, "But that's true only if they are engaged. If not, then special interests are always there to fill the power vacuum."

Please engage friends and neighbors. Send emails and/or letters to all these legislators. You will be reminded and asked to do this every week to stay engaged.

(Cache, Salt Lake, Utah, Counties contact information will be in the next post)

(1) Weber, Summit, Morgan, Senator Allen Christensen
1233 E. 2250 N. North Ogden, UT 84414 email: achristensen@utahsenate.org

(2) Davis, Weber (Ogden/South Weber), Senator Jon J. Greiner 4232 Fern Drive, Ogden UT 84403 email: jgreiner@utahsenate.org

(3) Weber County Senator Scott Jenkins 4385 W. 1975 N., Plain City, UT 84404 email: sjenkins@utahsenate.org

(4) Weber County (Roy) Rep. D. Gregg Buxton 4162 S. 2340 W. Roy, UT 84067 email:
dgreggbuxton@comcast.net

(5) Weber County (Washington Terrace) Rep. Brad L. Dee 111 W. 5600 S. Ogden, UT 84405 email: bdee@utah.gov

(6) Weber County (Ogden) Rep. Neil A. Hansen 1031 Capitol St. Ogden, UT 84401 email: neilhansen@utah.gov

(7) Weber County (North Ogden) Rep. Glenn A. Donnelson 874 E. 2100 N. N. Ogden, UT 84414 email: gdonnelson@utah.gov

(8) Weber County (Ogden) Rep. LaWanna Shurtliff 5085 Aztec Dr. Ogden, UT 84403 email: lshurtliff@utah.gov

(9) Davis County (Fruit Heights) Rep. Julie Fisher 865 S. Orchard Ct. Fruit Heights, UT 84037 email: jfisher@utah.gov

(10) Davis County (Layton) Rep. Kevin Garn 2206 E. Summerwood Dr. Layton, UT 84040 email: kgarn@utah.gov

(11) Central Davis County Senator Gregory Bell 744 Eagle Way, Fruit Heights, UT 84037 email: gbell@utahsenate.org

(12) Davis County (Bountiful, Centerville) Senator Dan R. Eastman 968 Canyon Crest Dr. Bountiful, UT 84010 email: deastman@utahsenate.org

(13) Davis County Senator Sheldon Killpack 3406 S. 875 W. Syracuse, UT 84075 email: skillpack@utahsenate.org

(14) Davis (Kaysville) Rep. Douglas C. Aagard 1055 W. 150 S. Kaysville, UT 84037 email: daagard@utah.gov

(15) Davis County Rep. Sheryl L. Allen 620 Larsen Dr. Bountiful, UT 84010 email: sherylallen@utah.gov

(16) Davis County Rep. Roger E. Barrus 322 E. 500 N. Centerville, UT 844014 email: rogerbarrus@utah.gov

(17) Davis/Salt Lake County (Bountiful, North Salt Lake) Rep. Paul A Neuenschwander 4216 S. Foothill circle, Bountiful, UT 84010 Email: pauln@utah.gov

(18) Davis County Rep. Curtis Oda P.O. Box 824 Clearfield, UT 84089 email: coda@utah.gov

(19) Davis County (Clinton, Sunset, West Point, Syracuse) Rep. Paul Ray PO Box 977 Clearfield, UT 84089 email: pray@utah.gov

Sample only. Copy and paste this one or compose your own, but the main thing is to “Just do it!” And we all need to do this on a weekly basis over the next three months. If there are several members within the household send an email or letter from each member old enough to vote. The idea is to flood our legislators, and our Governor, with emails and letters from everyone (reference the last post). “Put the heat on” in other words. I will try for all I am worth to make it easy for you to do, but this is something you have to do…for yourselves and for the future. I will continue to write samples or examples for you to consider as suggestions only. I am NOT trying to tell any of you what to say or how to ask legislators to vote. Just trying to be helpful.

Subject: Tax Relief, Property Tax Reform, Transparency, VA Hospital, School tax to Sales Taxes.

Senator or Representative __________,

(D-Bell Note: Please do not take offense by thinking I expect you to agree with what I have said in any of the examples I offer. Please speak your own mind, exercise your own “free agency” and ask for what you feel is right and fair.)

First, thank you for your public service. As you know, property taxes have increased almost exponentially since some of your colleagues have discovered Utah ranks 34th in the Nation. Yet we are the sixth highest taxed citizens in the Nation when total taxation is considered. I therefore would like you to vote for tax relief in the form of a meaningful (1) tax cuts in the short term (actual dollar tax decreases) and (2) significant property tax reform (acquisition value reassessments with inflation caps).

I feel many taxing entities are out of control and request your vote to harness spending and increase accountability by supporting the (3) “Transparency Bill”.

Your support and vote for a (4)Veterans Hospital in Weber County using State matching or substitute funding until Federal funds arrive is also important to me and my family.

And as your constituent I request your vote for a (5) bill which lowers my property taxes by moving school district funding into sales taxes. I support education funding, especially teacher salary increases and want school funding to be protected and held harmless. I support and would appreciate your vote for a bill which will guarantee school district funding using sales taxes, with a backup using property taxes should a short fall occur.

Finally, (6) I do not support HB54 which will only add expense and protuberate an already unfair, complex and chaotic ”Truth in Taxation” process.

Respectfully,

D.W. Bell
285 S. 7200 E.
Huntsville, UT 84317
801-745-1419
dkbell266@yahoo.com

Don't like this one (above) write your own. Tell them about your personal property tax situation and how you feel about it. Let all our legislators and the governor know what is bothering you and what you would like them to focus on and fix this session. It is the way our government is supposed to function. With our legislators working for us and not some lobby group or "special interests".

Namaste,

D-Bell

One week til Legislative Session, time to get to work!

2008-01-14T16:25:00.000-08:00

“…Because if people don’t turn up the heat, if legislators aren’t hearing from constituents, then it is a problem. We assume if we don’t hear it is a problem then it must be generally OK. So legislators have to be contacted that there is a problem. And it can’t be just one person or two people it’s got to be regular or constant. “

Hola Friends and Neighbors,

It is time. Time to go to work. The legislative session begins in a week. In conversation with trusted legislators sympathetic to the cause for significant property tax reform I suggest we begin a campaign of emails and letters to our legislators and even our detached - seemingly out of touch Governor.

Maybe you are tired of listening to me. So listen to one of our most effective legislators as he describes an effective strategy for all of us to lobby for property tax reform:

“If D-Bell sent a blanket email to 75 House members. That is not as meaningful as if a constituent in each of the Representatives’ District sends them the same email. You send an email to your local Representatives and Senators. Someone sends me an email. It says the same thing, but it’s from somebody I know. And what makes it even more effective is if it is from somebody you know that is sending it to you. So it is just not something out of the blue, a constituent, it’s a constituent you know that is maybe been involved in the political process. For example, one of your precinct chairs or one of your delegates sent you the message then that becomes even more powerful. Because these are people you know and work with on a very regular basis, rather than maybe you see them once a year or have never seen them or met them in you life.”

D-Bell: “So up close and personal is better.”

Yes, up close and personal is better because these are people that are voting for you. It’s not just some crank in the State. It is THIS is somebody who actually votes for me. So that is why I tell folks when I go talk to them, when you send an email; The Subject line needs to be specific. “Property Tax Reform issue”, “Request for Property Taxation Relief”, versus “Taxes”, or “Complaint”. The body of the email should be concise and to the point. One paragraph if possible and a recommendations are always appreciated. The tone should be respectfully authoritative. And the signature line should include your name and address as well as your phone number and email contact information.

That way (we) can see exactly where you live. Because when I get 500 emails in a day during the session, I’m not going to worry about answering emails from who knows where in the State. But if I’ve got one from a constituent, I’m going to try and answer it. And I am going to try and pay particular attention to what their concern is because it is a concern coming from my District.

And the level of threat thing depends. A couple of years ago we had the bank - credit union thing. And when people would do the threat thing, “You’ll never get elected again.” Some Representatives cower from that fear. But others become obstinate and if they threaten me that way, I am going to vote the other way just to show’em.

So when it comes to “heat” on the legislature everyone is a little bit different. But turning up the “heat” is important. Because if people don’t turn up the heat, if legislators aren’t hearing from constituents, then it is a problem. We assume if we don’t hear it is a problem then it must be generally OK. So legislators have to be contacted that there is a problem. And it can’t be just one person or two people it’s got to be regular or constant. There has got to be where somehow we get the media talking about. But even if the media doesn’t talk about it if each Representative heard from a thousand constituents during the session…problems about property taxes. They would take notice.

If they only get one letter (or email) from D-Bell and never heard from anyone else…some are going to be sensitive and say we got a problem but others will say all I got was one email. It must not be a problem.

D-Bell: “That’s where I run into problems locally. The people in this Valley… everyone wants someone else to do their work for them. Every one wants to feel like if I tell this one person something and he is raising Hell about it. Then I have fulfilled my civic obligation. And I have had them apologize and say we have become complacent or apathetic because you’re doing such an excellent job for us and so on. But the down side is I am the only one doing it, like you say. I went to the Weber County Budget hearing in December and out of 227,000 people in Weber County I was the only one there.”

And what did the Commissioners say? Only one guy has a problem with the budget.

D-Bell: “Well I graciously thanked the Commissioners for having budgeted a whole $86,000 for direct expenditures on two-thirds the County land mass. I was being facetious and cynical of course…”

This is one of my concerns. Back in September when we had the hearing on Property Taxes. We had what 125 people show up. It is 125 people out of 2.5 Million. OK, 125 and then an extra 100 letters or so, and in best case 200 people got engaged on it. I mean that is not even 1%.

D-Bell: "I gave you two petitions signed by more than a thousand people. But you are right, had we known more we could have stuffed the corridors with people. We actually were trying to just fill the small room."

So that’s why I have some colleagues that say, “Yeah, there are a few people that got affected but it’ll work itself out. We don’t have a problem.” And currently I am hearing too many Representatives saying “Well, we don’t have a problem.”

D-Bell: “That's denial. Maybe I am reading the tea leaves wrong…I need to give them some credit. But from my world people are seething or simmering. There is a simmering discontent. We still have not heard, for example, from our appeals of our property. We don’t know what our property taxes really are. We do not, I don’t know. And many who have been notified either can not pay or have filed an appeal to the first appeal.”

I didn't know that. Interesting.
And what you have is... I think guys like ________ are very frustrated with the Davis County; they went 10 yrs. without reappraising. Totally contrary to what the law is and trying to figure out.

D-Bell: “That also is not totally true. The Assessor did reappraise, but said, “Well I’m not going to tell people their taxes are going up this much. I’m going to cut the appraisals by the ten percent. Because, the State Tax Commission allows them (the assessors) to assess within 10% of current market value. Otherwise they (State Tax Commission) would step in issuing corrective orders and such. So the guy was actually doing something. He was just “low balling” I guess you could say.”

Legislators are agitated about that issue. We had a similar situation in my District a few years back. It was hit very hard and there was outrage but only from that one area. No one else was complaining –they were the only ones in the media.

And this is my concern when they say well let’s do a “carve out” for retired citizens. OK what you did was; the people that were most agitated you all of a sudden took them out. You gave them a break, you placated them. And guess what? That working class guy, he is still working in the warehouse, he doesn’t have time to go to the hearing. But the retired citizen who has time and who doesn’t care says “Hey, I don’t have high taxes anymore (or they are greatly reduced) so it is a non issue for me.”

D-Bell: “Yes, and they (the retired community) just shoved it off onto the working guy and his family, who is already over burdened.”

Yeah, and neutered the ones who are going to be the most outspoken. And that’s why I think we all ought to be in one boat rather than just doing little “carve outs”.

D-Bell: “Yes, that is what I was trying to say back on 19 September. I understand all of that stuff.”

If you will shoot me an email about the blogs out there, so I can read what is going on.
We have a common cause and hope we can continue work together.

Help with instructions about exactly who to contact and how next post.

namaste

D-Bell, aka minor machman

Series: Post #5 Realtor Association, last of the series.

2008-01-10T13:54:00.000-08:00

Jowers said, "When citizens get involved in a legislative campaign or an issue, they are always more powerful than a special interest." He added, "But that's true only if they are engaged. If not, then special interests are always there to fill the power vacuum."

LEARNING CURVE

Percentage of Utah legislators receiving perfect scores from the Utah
Association of Realtors

'99: 6%
'00: 8%
'01: 24%
'02: 31%
'03: 56%
'04: 53%
'05: 60%

Source: Utah Association of Realtors

ONE VOICE

Realtors have lost a few minor property-rights battles recently, over
bills requiring that sellers disclose whether a registered sex
offender lives nearby or whether their properties once housed meth
labs. A number of states also have found property-transfer taxes a
relatively painless way to raise money during recent budget crunches.
"That's certainly one of those hidden taxes that legislators don't
have to talk about too loudly," says Susan Dioury, of the Minnesota
Association of Realtors, "so that's an easy one to raise."

But Realtors are still mostly getting their way, whether in bills
that affect them directly or broader fights over growth restrictions
and other land-use policies. They are a strikingly coherent
organization, considering that theirs is a profession of small groups
of practitioners locked in constant competition with one another.

Most Realtor lobbying is handled by volunteer members and state
association staff, rather than hired contract lobbyists. They often
have prominent figures on staff, such as former bar association
presidents or ex-members of state real estate commissions. But even
when it comes time for the non-professionals to lobby, Realtors are
well-equipped to exploit the relationships they form with politicians
and regulators. They tend to be natural salesmen accustomed to
persuasion and negotiating transactions between third parties--very
good, Mansell says, at bringing parties together, whether it's buyers and sellers, or members of the legislature. "House or Senate," he
says, "it's a negotiating system."

Realtors in fact, often get much of the negotiating work out of the
way well before a policy idea reaches the legislative stage. In many
states, the crucial decisions are made by the real estate commission,
and you'd be hard-pressed to find a real estate commission in any
state that is not dominated by people who are active in the business.
In some states, the presence of real estate agents on the commission
is required by statute. Often, the individuals serving as
commissioners have been recommended to the governor by the state
Association of Realtors.

In a sense, Realtors are both the buyers and sellers when it comes to
formulating the policies that govern their profession. In Louisiana,
two of the three state commissioners also serve as members of the
state Realtors association's committee on legislation. Things aren't
always that cozy, but it's normal for commissioners to work hand in
glove with the Realtors' lobby in setting and proposing policy. And
once a bill is drafted by the state commission, it's seldom challenged
by legislators--or anyone else, since there's rarely an effective,
organized counterweight to the Realtors on issues concerning their
business

Occasionally, a seemingly compliant state commission throws the
industry an unexpected curve. The Idaho commission did that this year
when it refused to sign off on a minimum-services bill after hearing
from U.S. Department of Justice representatives that it might be a
restraint of trade. The commission asked the state Realtors
association if it could live with a version that would allow consumers
to waive the minimum-service requirements if they so desired. The
association said no, and so the bill was never introduced.
But that may not be the end of the story in Idaho. There is
speculation that the Idaho Association of Realtors will add a question
on minimum service legislation to the list of questions it asks
prospective commissioners when it comes time for new appointments--and
that those who fail to register enthusiasm for the concept are
unlikely to be chosen.

It may not happen, but the fact that many in Idaho expect it points
up that Realtors are in fact scrupulous about monitoring the people
who make decisions that affect their business--and try to have
friendly people making those decisions whenever possible. "When you
get too many in there, it can be a challenge from a PR standpoint,"
says Kyler, of his association's hefty representation in the Utah
legislature. "You don't want it to look like you're taking over the
body, and we're not."

For the Realtors' opponents, however, it sometimes does look like they've managed to take over, or at least certainly influence, every important legislature and regulating body. "It's an industry where rules are being set up and governed by its own biggest players," complains Pat Lashinsky, of the discount brokerage ZipRealty, which is based in Emeryville, California, just across the bay from San Francisco--a market where the median house price now tops $660,000.

With commissions on Bay Area home sales exceeding $40,000, Lashinsky
thinks that consumers will inevitably embrace different business models that can save them thousands of dollars.

But Realtors have proven themselves not just vigilant but adaptable
in answering every challenge to their way of doing business. To the
extent that they are able to preserve their advantages over the long
haul, they will have their friends in state government largely to
thank. "If they can't fix the specific prices, they can at least
control the terms on which their competitors are doing business," says
Hawker. "So far, the lobbying has been a pretty effective way of doing
that."

Friends and Neighbors,

If you have read all five of the series you just have to be wondering what on earth are we doing allowing these people to manipulate our laws to protect their 6% commissions. I have introduced you to the three main lobbyists, their short biographies and experience and let you read from a nationally recognized "Governing Magazine" feature article. You have been exposed to what Mr. Mansell has to say and especially what the CEO and money man, Chris Kyle has to say.

My sources tell me that this group picks opportunities to put in place Real Estate Brokers and Developers who are avid members of the Utah Realtor Association. They pay about $35 a month dues which gets them a month periodical full of ethical violations and who got caught doing what and why, and sanctions on various members, which number some 10,000 members in Utah.

When they choose to run a candidate, they pay for everything. And of course provide legal assistance and basically run the entire campaign for their chosen lapdogs. Should the slightest indication a candidate might not be sympathetic to their "business interests" they pull the plug. And worse, they put up money against any candidate who will not play along.

They would definitely put big money up against me, for example, since I make no secret of my personal disdain for their ethics (or the lack thereof) and the way these "people" operate.

I am told this politcal group has more than a million dollars in their PAC war chest and they are not afraid to use it in an election year. So stand by.

But then all the money in the universe has no effect on the legitimate will of the people.

Jowers said, "When citizens get involved in a legislative campaign or an issue, they are always more powerful than a special interest." He added, "But that's true only if they are engaged. If not, then special interests are always there to fill the power vacuum."
And ya know what? Jowers was right.

Namaste,

D-Bell

Series: Post #4 Realtor Association, "Group of 40 analyze bills weekly for potential effect on industry."

2008-01-08T19:23:00.000-08:00

LITTLE TOOL KITS
Realtors are careful to mix assertions of clout with arguments about sound public policy. They invariably say they are representing not just their own industry but the property rights of homeowners in general, and that those are a fundamental tenet of American democracy. "I don't have to be that skilled as an advocate," Kyler says. "I don't want to sound cocky, but I think the primary reason we win is we're right."

But just in case a legislator might stray from the path of common sense and try to interfere with the inalienable right to pursue property, Kyler has a group of forty (40) Realtors who meet each week to analyze bills in the legislature and their potential effect on the industry. The association backs up that analysis with a lot of money. During the 2004 election cycle, the Utah Association of Realtors donated $226,930 to state-level political candidates and causes--a figure matched almost dollar for dollar by individual Realtors and other people in the business. That made real estate the largest single donor to Utah politicians that year, except for political parties and self-financing candidates. Nationwide, the real estate industry contributed $69.5 million to state-level campaigns in 2004, making it the fifth-most-generous sector overall. "It's safe to say that when it comes to coordinated giving to political candidates, real estate interests are some of the most focused in the country," says Edwin Bender, of theNational Institute on Money in State Politics. Bill Malkasian, president of the Wisconsin Association of Realtors, brags openly about the impact his group has on state politics and policy. Malkasian's "little tool kit," as he calls it, includes not just the usual hefty campaign contributions but a nonprofit association called the Wisconsin Homeowners Alliance, which conducts polling and keeps the broader public engaged in issues of property rights. The most recent effort came this spring, after the state Departmentof Natural Resources decided it wanted to regulate large piers that may cause pollution, especially the so-called big "party platforms."Most piers would have been exempt, but Realtors viewed the new rules as a threat anyway. "We went directly to the public and fought them big time," Malkasian says--and sure enough, legislators voted to block the agency from moving forward with its plan. There are huge incentives for licensed agents to sign on with the trade group, starting with the listings they gain access to by joining. Realtors sign up with their local, state and national associations simultaneously.

The national association now claims close to 1.3 million members--an increase of about 75 percent over the past decade. The massive influx of new members in the face of soaring home prices is one reason why average Realtor income actually hasn't gone up much lately. Most of the ground rules that govern Realtors today have been in place since the 1920s. It was then that the group registered the brand name of Realtor, which only members can use, and created the familiar 6 percent commission fee structure and the all-important multiple-listing systems. (Because of discounters and other factors, the average commission has shrunk to 5.1 percent in recent years--which is still enough, given rising property prices, to translate into more than $60 billion per year worth of fees nationwide.)

For decades, Realtors tried to keep the multiple listings--and commissions--all to themselves. As a condition for joining the association and getting access to the multiple listings, real estate agents had to agree to a set of terms or code of ethics, a provision of which inevitably would be an agreement to charge a commission of at least a certain amount. "These were just naked price-fixing agreements," says Hawker, the business professor. But they were eventually brought to a halt by a pair of U.S. Supreme Court decisions that found Realtors enjoyed no special exclusion from federal antitrust laws. If overt price-fixing has gone out of style, however, Realtors still have many tricks up their sleeve to bring mavericks back into line. Real estate agents who try to foster new business models threatening the commission structure have generally been brought to heel through boycotts and other pressure tactics. Court outcomes in cases alleging such behavior have been mixed, but complaints from the 1970s would sound familiar to the discount brokers of 2006 trying to use theInternet as a means of challenging Realtors' power.

After the New Mexico Real Estate Commission approved minimum service regulations in February, "I had to turn down business immediately,"says Donald Blunkett, a discount broker with operations in several Western states. "Long term, I may have to exit New Mexico as a market. Prices are going to be definitely higher."

Series: Post #3 Meet THE MAN! The PAC Purse Strings and much more...

2008-01-06T12:04:00.000-08:00

Christopher J. Kyler

Education: Chris Kyler received his Bachelor of Arts degree in political science from Brigham Young University, and his Juris Doctor degree from the J. Reuben Clark Law School. In law school Chris was designated a national member of the Order of Barristers for achieving excellence in courtroom advocacy. He is licensed to practice law in Utah and California. He is a member of the American Bar Association and the American Society of Association Executives.

Experience: Chris is not only a full-time lobbyist, but is also serving as General Counsel and CEO for the Utah Association of Realtors. In the Firm's government relations practice, Chris is responsible for creating and managing the legislative advocacy efforts of his clients, including legislative drafting, campaigning, fund-raising, PAC money disbursement, and lobbying. He is also a frequent speaker in meetings across Utah where he helps business leaders and their staff members better understand the legal and political.

Mr. Kyler is the head of the Utah Realtor Association. Just about every thing you will learn in the following article about Utah politics as it relates to the Real Estate business interests goes through him. He is the CEO and General Counsel and one apparently ultimately responsible and you will hear from him often in the feature article from the Governing Magazine/June 2006, which graciously consented to my reproduction of this excellent bit of copyrighted journalism, entitled:
http://governing.com/archive/2006/jun/realtors.txt
FEATURE: REALTORS
REAL POWER
Utah Association of Realtors

The real estate lobby is under serious competitive challenge, but no pressure group is better at bending legislatures to its will.

By Alan Greenblatt

During a hot market, it sometimes seems as if half the people you meet are thinking about getting a real estate license. But what do Realtors dream about doing next? If they live in Utah, they may be dreaming of a career in politics. Chris Kyler, CEO of the Utah Association of Realtors, sounds quite animated as he counts off the many members of his organization who hold high office in the state. "I've got people who are on county commissions, mayors, state senators," Kyler says."Our lieutenant governor was president of our state association about 20 years ago. Our people are involved in the parties, too. We've got precinct chairs and vice chairs and county delegates throughout the state." No fewer than 22 people who make their living in real estate also serve as members of the Utah legislature. Not surprisingly, Utah has some of the toughest real estate laws in the country--protecting both private property rights and the business interests of Realtors. When the Realtors hope to get favorable legislation passed, they know there is one legislator in particular who will lend a friendly ear. Al Mansell was president of the Utah Senate until he dropped his leadership role to serve a one-year term as president of the National Association of Realtors. Still in the Senate, Mansell has since sponsored bills avidly sought by his profession. The most important may have been a new law that clamps down on discount brokers who have undercut the larger commissions collected by Realtors. "Did I feel a conflict of interest?" Mansell says. "No, what I felt was a strong push by many of my colleagues."

Mansell's colleagues in the real estate business are capable of providing that strong push in every state in the nation. Realtors have their fights in Congress and at the local level, but much of their lobbying energy is spent in state capitals, which is where they are primarily regulated. Utah might have the most Realtors serving as legislators, but there are Realtors in virtually every legislative district in the country--and they make their presence felt.

There are other interest groups that can match them for geographic spread, such as teachers' unions and restaurant associations. And many other occupations are well represented in the corridors of legislative power. No one finds it unusual when a university administrator, for instance, chairs a committee that oversees her primary employer. But few lobbies can match the Realtors for numbers, financial wherewithal--and effectiveness. Whenever an issue involves the transfer of property--and that extends to fights over property taxes, roads, schools, utilities, water policy and a whole host of other questions--Realtors come out in force. "You're talking about guys who are on a first-name basis with a lot of legislators," says John Tuccillo, an industry consultant and former chief economist for the National Association of Realtors. "You're talking about access, and once you have access, you can make your point." Because their industry is now under more competitive pressure than at any time in recent history, Realtors have stepped up their game.

Utah is one of 10 states that have approved new laws or regulations over the past two years that require real estate agents to provide a minimum level of services. More states are likely to follow suit. These minimum-service bills pose a direct challenge to the discount brokers who have sprung up in large part on the Internet. The newcomers present a challenge to Realtors' traditional ability to charge 6 percent commissions on the sale of every home--now worth upwards of $10,000 per sale in most of the country. Web giants such as Google and Craigslist.org have joined the parade of sites that are listing homes, leading some to predict that consumers will increasingly turn to the lower-cost options, making real estate agents obsolete, the way travel agents have become in the era of Internet airline bookings. "Their very profession is about to join the endangered species list," the authors of the popular book"Freakonomics" claimed recently in the New York Times.

But it might be too soon to bet on that scenario, and the reasons are the involvement of Realtors in the political process and the protections they have already crafted to stave off the threat. The many state rules governing their profession, including the newly created ones such as minimum-service requirements, serve as serious barriers to entry, helping Realtors preserve their control over the market.

In the opinion of critics, the rules mean both higher fees for Realtors and higher prices for houses. For Robert Lande, a professor at the University of Baltimore School of Law who is associated with the American Antitrust Institute, the new minimum-service laws are merely the latest phase in a permanent campaign by Realtors to keep a stranglehold on property transactions. "They've got a sweet deal,"Lande says. "You fix the rules of the game to insulate each member from hard competition." Most worrisome from the Realtors' point of view, their critics now include the Federal Trade Commission and the U.S. Department of Justice. Both of these federal agencies accuse Realtors of engaging in anti competitive practices, and have lobbied against the new state laws. "At a fundamental level, they reduce consumer choice," says John Read, a litigation section chief in Justice's antitrust division."There are a number of consumers who would like to save some money by not having to pay for mandated services that they're being forced to buy under these bills."

PICKETT'S LAW There's no disputing that discount brokers are out to change the rules of the game. Many of them will list a house for as little as $500 on a multiple-listing service (MLS)--the database of homes for sale that is the life's blood of the residential real estate industry. Often, that is all the discount broker will do. The homeowner is responsible for hosting the open house, fielding and negotiating bids, and handling all the paperwork. Some discounters will answer questions or perform a limited menu of services for set fees. But Realtors claim they still leave consumers, who don't understand just how complicated the process of selling property really is, exposed and unprotected. Like Mansell in Utah and several of the other sponsors of minimum-service bills, Texas state Representative Joe Pickett has worked in real estate. He says he was inspired to write his bill by his own experience and frustration in dealing with discounters who don't meet their customers' expectations. "It's been kind of a pet peeve of mine," Pickett says. "If you say you're a licensed real estate agent in the state of Texas, there ought to be a minimal number of things that you do." All Pickett's law does, he says, is protect unwary consumers. But the concern of the federal agencies is that state legislation, once passed, has the effect of shielding Realtors from antitrust complaints. "[Federal] antitrust law does not overrule state law or state agency regulation in most cases," says Norman Hawker, a business professor at Western Michigan University, who organized a symposium on real estate practices for the American Antitrust Institute last fall. "So you're seeing lobbying by Realtors to get laws in place that would probably be illegal if they were private agreements between them, like the full-service laws." The Department of Justice settled an antitrust case involving commission rebates with the Kentucky Real Estate Commission last year, but still has a suit pending against the National Association of Realtors, challenging the listing rules that Justice says hamper competition. The Realtors changed their rules in answer to the suit, but Justice then filed an amended complaint. It's unusual, though not unheard of, for federal agencies to involve themselves in the legislative debate over state laws. What is truly rare is for Realtors to face such heavy-hitting opposition. They have been engaged for years in a multimillion-dollar fight in Congress with mortgage bankers, who are seeking their own piece of the real estate action. But at the state level, there's almost never an adversary of much heft standing in opposition to Realtors. Ask lobbyists for the industry to name a time they failed to get their way and the only sound you hear may be a long pause. Chris Kyler has been with the Utah Association of Realtors during the state's last seven legislative sessions. "Of the bills that we've opposed since 1999, we've been able to defeat 100 percent of them," he says. "We either defeated all of them or we amended them so that it made our position neutral." The group's rate of success on bills it actively supported isn't quite as high, Kyler says, but it's still "well over 90 percent for seven years running."

Mach man says:

Sort of makes you pause to wonder just who is running our State, for what purpose and what can we do about it? Does it not?....

Stay tuned for more. I want you all to read and come to know what these people have been doing to any early discussions or preliminary proposals or draft bills in committee. I want you to wake up to the realities of the past ten years and why we have come to this sad overly taxed end.

Be patient. I will continue with this series and then toss in a few other informational goodies.

Namaste,

D-Bell, aka Minor Mach man

Series: Post #2 Meet the middleman for the Realtor Association Lobby.

2008-01-05T17:38:00.000-08:00

Bryan R. Kohler
Education
Bryan received his Political Science degree from the University of Utah. He then earned his MBA and Juris Doctorate degree from Willamette University in Salem, Oregon.
Experience
He has served as CEO for the Salt Lake Board of Realtors since August 2002. Bryan's duties include serving as Executive Vice President, directing the 14 person professional staff and managing the budget. He also directs the board's Governmental Affair Committee that is responsible for developing cooperative relationships with local and state officials. Prior to his appointment with the Salt Lake Board, Bryan was a practicing attorney with Gallian, Westfall, Wilcox & Welker in St. George Utah. While with this law firm he specialized in government affairs and employment laws. He is a member of the Utah State Bar Association.

Mr. Kohler is the middle man of the trio of Realtor Association Lobbyists and apparently as the Executive Vice President is responsible for directing the Board of Realtors Governmental Affairs Committee which develops “cooperative relationships” with local and state officials. These “cooperative relationships” with local and state officials are at the core of the problems for us taxpayers.

This symbiosis between business interests and government, this teaming and “relationship” has been and continues to be very bad news for taxpayers. For it is truly a sad situation when business and government team up in their own best interests.

Mr. Kohler appeared briefly before the 19 September 2007 Revenue and Taxation Interim Committee and gave the following statement:
(direct transcript from audio of committee meeting)
“I am Bryan Kohler. I am a Sandy resident. While I’m not here today to tell you the property tax system is completely broken. But the Realtors have always said that the property tax system should be fair, consistent, evenly applied and that there be truth in taxation. As a watchdog group for homeowners, the Realtors have everything to lose if properties become unaffordable or if difficult to transfer. And that’s why we fought for years to keep property taxes low. We appreciate what this committee is taking on and we’ll support any and all legislation that keeps the property tax burden low for its citizens.

No one should be forced out of a home that they own. Especially because of taxes and we also understand that the elderly are particularly at risk. And that’s been said today so I won’t go into that. Obviously the market determines the value of a home and the value affects the taxes that are collected. And certain areas get popular and burdens shift as its been said today. Obviously everyone knows this, but the taxes collected don’t go up or down, it just shifts depending on what areas might be hot, for example. Homeowners often received that value and they do even though they are taxed on it, they are receiving a value. But they often can’t afford the value that is being I guess being foisted upon them. This is why Realtors have consistently spoken against tying the tax rate to the mill rate or tying the rate to inflation. We’ve fought those measures when they have been brought up here because they would escalate property taxes for citizens. We don’t want that.

Is the system completely broken? We don’t believe that’s the case. We believe that there are some options here that we can use. And ah, I just. I’m thinking particularly of what we do with Greenbelt. We value that area and we basically say we will forbear; we will defer taxes on Greenbelt property until transfer. And maybe that’s a solution that we could employ especially with groups like the elderly. Defer the taxes until they transfer it, so they don’t get taxed out of their homes. Cause we certainly don’t want that. Thanks for your time, committee.”

Dated Feb. 15, 2007 another Real Estate Broker and Developer, Representative Gage Froerer, proposed the following substitute bill:

PROPERTY TAX DEFERRAL – SENIOR CITIZENS

2007 GENERAL SESSION

STATE OF UTAH

The bill goes on to allow property taxes for applicants over 70 years of age to be deferred and bear an interest rate equal to the lesser of; 6%; or the federal-funds rate target as established by the Federal Open Markets Committee…per year.

Friends and Neighbors,

You may think this is a good deal. But I don’t. About twenty-five states have some form of this type property tax deferral system. And from what data is available most seniors would rather self euthanize than take advantage of this type of “relief”. They would rather commit suicide than burden their beloved family with such objectionable tax “reform”. The AARP does not support such legislation nor is it generally widely accepted as a viable and humane alternative.

Tax deferral proposed by the Realtor Association is clearly another scheme to virtually force the turnover of properties, at significantly increased prices, due to compounded 6% interest penalties on back taxes, which increase prices, which increase commissions, which flow into Realtors’ pockets when we die.

Ironically, suggesting using “Greenbelt” as a procedural precedent draws attention to an area which has remained virtually unchanged since the 1960s. (I hope anyone who owns and actually farms Greenbelt property within the intend and letter of the law will understand I am NOT referring to you or yours.) “Greenbelt” has been manipulated into property tax evasive safe harbors used primarily by people who own land more than five acres (5.25 acres if a primary residence rests on it). Developers carve out five acre plots to take advantage of the massive loophole. By law, the property is supposed to be engaged in some form of crop production. But with only one State Tax Commission agent to enforce this, it is commonly abused. That agent told me recently they must send a prior notice (warning notice) to the landowner announcing they are coming to do an “audit”. And frequently by the time the agent arrives there is a cow or two on the otherwise barren property.

Want specifics? Want an example? An Ogden Valley developer hires a local farmer to cut and bale his weeds and field grasses for the sake of the greenbelt tax rate. The farmer “harvests” the “crop”, bales it,…and then throws it away. This is but one of many tax evasion schemes used by property owners and developers.

To add insult to injury, our legislature passed a law not long ago which entitled these same non farming or “tax-evader farmers” to keep “pleasure horses” on their Greenbelt properties and qualify as “crop production activity”. I did not know we ate horse meat, but if the taxes continue it may be the only thing left we can afford. Allowing "pleasure horses" to qualify land for greenbelt is purely "botique legislation" designed for special interests without any consideration for "the little people" or majority of taxpayer constituents.

Those who hold FAA or Greenbelt acreage are paying about fifteen pennies (15 cents) an acre. When sold or “transferred” the new owner must pay five years back taxes at the “taxable market value”.

This of course is a huge boondoggle for the larger non-farmer land owners. They can hold onto large tracts of land for twenty or thirty years, paying $100 a year on 700 acres valued eventually into the millions of dollars on purely investment properties, for example. And when sold/transferred the new owner pays only the last five years at much higher taxable market value. The cost to the community of having the other fifteen or twenty-five years taxed at only eight to fifteen cents an acre at the FAA "taxable market value", even though the "current market value" is into the millions, ultimately is paid by you and me. We squeeze and sacrifice to pay exhorbitant property taxes while these "sleeze bags" skate by for pennies an acre using a major loophole and tax evasion scheme.

In the old days out West, chickens would be plucked, tar melted and a fence rail located for a "Tar and Feather Party" and these folks would have a free ride out of Town. Today they hide among us quietly not appealing their property taxes for fear of jeopardizing their "private good deals" with the Tax Commission and County Assessors rendereed into "toothless dogs" by bad legislation and laws.

Every County Assessor and State Tax Commission person I have spoken with agrees that THIS (Greenbelt abuse and tax evasion) is the worst tax travesty in our State, when it comes to the “shifts” of tax burdens onto the back of us homeowners.

Folks this is one of the ways our legislators have allowed the Realtor/Developer lobby community to “shift” tax evaders and cheats significant tax burden onto you and me. And this is what we must change among many other things wrong with our current tax system. Stay tuned there is more….much more.

Namaste,

Minor Machman

Series: Post #1, Meet the Realtor Association Lobbyists

2008-01-03T16:30:00.000-08:00

(Caveat, we all know honorable and decent real estate agents. They are our neighbors and friends. This series is not about them personally. It is about their Association’s leadership and how it has infiltrated, manipulated and interfered with legislation to further their own “business interests” and protect the Association’s lucrative Holy Grail…6% commissions.

By way of explanation: Any property tax system, such as a “fair or current market value” based system, which increases property values increases Realtor’s commission dollars. Any tax scheme which caps or limits property value escalation also limits market value and tends to slow property turnover rates and decreases their commissions AND commission opportunities.)

Meet Michael J. Ostermiller, Utah Realtor Association Lobbyist.
"Education: Michael obtained a Political Science Degree from the University of Utah and was awarded a scholarship to attend law school at Brigham Young University. Experience Mike is both a partner in KKO Lawyers, but the CEO and Chief Lobbyist for the Greater Ogden Area Association of Realtors. Before coming to KKO Lawyers, he was an attorney with the St. George law firm of Barney & McKenna. As an attorney, Mike successfully resolved numerous cases for both real estate agents and others in the real estate profession. As a Lobbyist working daily in the real estate industry, Mike is extremely involved in local and state legislation advocating for better real estate law and speaking across Utah State trying to increase Realtors awareness of critical real estate issues."

From a published Letter to the Editor, Mr. Ostermiller wrote:

"Realtors oppose increased property tax
Saturday, September 22, 2007

I'm writing in response to the Aug. 28 guest commentary, "Politicians -- do something!" by Richard Evans. Mr. Evans stated "Talking with our state legislator Sen. Allen Christensen was very enlightening. He told me the real estate lobbyists have so much money and power that if he does anything to reduce our property taxes he could lose his job."

This statement is completely inaccurate. First, I personally spoke to Sen. Christensen and he informed me that Mr. Evans' comments didn't accurately reflect what he said.

Second, and even more importantly, such a statement shows that the author is totally uninformed as to the actual position of Realtors regarding property taxes. Realtors oppose any irresponsible or unfairly assessed property tax. For decades, individual Realtors have donated hundreds of thousands of dollars out of their own pockets to fight for lower property taxes. We have also battled to maintain the current 45 percent residential property tax exemption.

Realtors helped champion the creation of Truth in Taxation and have continually and dogmatically opposed laws that would result in an increased property tax. Moreover, Realtors regularly testify in front of county commissions and city councils to argue against inappropriate increases to any tax or fee that affects homeowners.

It is the mission of Realtors to defend private property rights and to help assure the availability of affordable housing by preventing increased property taxes wherever possible.

Michael J. Ostermiller
Layton"
http://www.standard.net/live/opinion/letterstotheeditor/114347/

Odd that Mr. Ostermiller did not divulge he is the Chief Executive Officer (CEO) and Chief Realtor Association lobbyist for the Greater Ogden Area Association of Realtors. This does not seem to fit into ethical norms since it is generally accepted practice to identify what office one holds when they write a letter to the editor. Why did Mr. Ostermiller not follow normally accepted ethical behavior?

Secondly, if all these Realtors oppose any irresponsible or unfairly assessed property tax and dogmatically oppose laws …that would result in increased property taxes, testify in front of county commissions and city councils arguing against increases or tax or fee that effects homeowners, defending property rights and assuring availability of affordable housing by preventing increased property taxes. Just where in the blue-eyed Suzy have they been since August? Where have all these Realtors been at the meetings I have attended – some fifteen or so at every level, Town, City, Commission, Assessor, Auditor, and Legislature meetings plus several other political meetings such as Center Right Coalition, Democrat Focus Group Meeting, Davis County Commission and Legislators meeting, etc.. True, several real estate agents participated in the Huntsville Town Hall appeals work session organized by Richard Sorenson as a private – not Town sponsored event. But Mr. Ostermiller’s claims and “spin” seem disingenuous. If they were true surely at some point I would have seen and heard them. Only once did a single lobbyist appear and he read virtually the same words as stated above before the Legislature’s Revenue and Taxation Interim Committee. You will meet this gentleman next in series number two.

If you attended and think back to the infamous Snow Crest Junior High Meeting on 15 August 2007, you will also recognize virtually the same sentences also repeated, as if memorized, from our own Representative.

This is the first of a series of reports which I feel allows us to get to know this group, so you may come to understand where we have gone legislatively and why we have been taken unfair advantage of legislatively at least in my own opinion. So stay tuned in folks, decide for yourselves and help spread the word. That is if you agree that the actions of a group of business interests have been a significant reason for the lack of significant property tax reform legislation measures over the past seven or eight years.

I will report using mostly their own words and characterize them for context as do several local and nationally known reporters and columnists.
Namaste,
Minor Machman

And you thought I was just kidd'in you...Sit back an do nothing and they are coming .

2007-12-27T11:33:00.000-08:00

If you believe the Tribune editorial below do nothing. Just sit back and relax and wait until next year. That is exactly what the Realtor Association lobby wants you to do. But if you in your heart of hearts believe that computer mass reassessments are not the solution to all the problems and will create more problems, higher taxes and at greater expense, then for heavens sake do something! Write letters to the editors of the Salt Lake Tribune and the Desert News telling them how for the last three years minimum we have endured this mass reassessment act and look at the results. Gross disparate taxation which makes no sense to anyone. Millions more spent on record numbers of appeals which still have not been resolved. A separate contract with a Salt Lake Appraisal Firm to do the job the County Assessors were and have been tasked/paid to do for years. Or...like I say just sit back and say, "Hey ole D-Bell is raising Helen enough for all of us". But truth is they, the editors, are already tired of hearing only my voice. I CAN NOT DO THIS ALONE!!!! Oh and those "cooler heads" referred to in the editorial... Niederhauser and Harper HB 54 sponsors, both Developers and Realtor Association members...remember that.

Property tax fix: Use computers to keep values in step with market
Tribune Editorial
Article Last Updated: 12/26/2007 07:22:59 PM MST

Lawmakers are hot to reform property taxes in the Legislature early next year. But if cooler heads prevail, which we hope they will, legislators will confine themselves to technical adjustments that won't risk creating big new inequities in an attempt to fix isolated problems. One worthwhile technical reform is embodied in House Bill 54. It would instruct assessors in the state's 10 most populous counties to use a computer-assisted mass appraisal system to update all real estate values every year. Salt Lake County already employs such a system to keep assessed values in step with the market, and as a result, protests arising from rapid real estate inflation have not exceeded the norm of about 2.5 percent.
That has not been the case in pockets of other counties. Angry property owners in Bountiful (Davis County) and Ogden Valley (Weber County) are spearheading a tax protest movement.
Utah's system is designed to keep government revenues stable. As real estate values go up, the certified tax rate goes down. The two exceptions that cause higher tax receipts are additions to the tax base caused by growth, such as new housing or property improvements, or tax rate increases approved by local governments and school districts. Assessors are required to update property values annually based on a review of current market data. They also are required to complete a detailed review of property characteristics for each property at least once every five years.
Salt Lake County began employing computer systems more than a decade ago to track real estate sales prices and adjust values accordingly. Keeping assessed values abreast of the market helps to spare taxpayers sticker shock during periods of high inflation.
No tax system yet devised can deliver perfect equity. Within a given county, market values in some areas will rise or fall more rapidly than in others, and a single certified tax rate cannot perfectly compensate for those disparities. But better application of better data certainly can help.
This will come at a price, of course. Counties that do not already employ those systems will incur additional costs to create greater tax equity. Before legislators can evaluate HB54, those costs will have to be estimated.
We suspect, however, that most property owners would consider that money well spent.

And Oh brothern are you all in for a big surprise come next August. Unless someone someplace wakes up and gets a clue...

D-Bell

HB 54, Annual Market Value Assessments, Machman's opinion.

2007-12-26T18:21:00.000-08:00

Sent: Friday, December 21, 2007 12:05:18 PM

Subject: HB 54 Annual Market Value Assessments

Representative Harper and Senator Neiderhauser,

Ratings of Property Tax Proposals
1. Annual Market Value Assessments, (Rep. Harper, Sen. Neiderhauser), amends TNT requiring a mandatory cyclical (yearly) appraisal using mass uniform computer assisted system to value real property. Counties of the first class by Jan. '09, second class by Jan. '10, and third class Jan '11. It is to be jointly administered by the State Tax Commission and Counties. Rating: Worst, because it does what Weber Co. and some other counties have already been doing to us by "mass reassessments", using computer software. The original proposal presented had initial software purchase cost of about $2 Million, plus another $10,000,000 a year to keep it updated or as a user fee. This proposal to use expensive software will just compound the many previous errors already in the tax assessor's database causing a nightmare for the entire State. And at great additional costs on top of the hundreds of millions we already are pouring into County Assessor's offices (29 of them) plus the State Tax Commission. It compounds the disease of current/fair market value by magnifying disparate taxation using contentious software as yet another layer to Multiple Listing Services (MLS) software already contentious and fraught with errors. Had either of you bothered to actually look at the results of computer assisted or mass reassessments you would have not sponsored this proposition. No one in their right mind would...

Very disappointed with your sponsorship of this non solution which will wreck havoc on the citizens of major population centers in Utah.

D-Bell

Coordination email exchange. "Hard Ball", a shift in strategy is looming.

2007-12-20T18:02:00.000-08:00

Seasons Greetings,

After responding to Marc Goldstone's message below, it occurred to me that simply sharing it with you all would help with coordination and understanding of where I truly believe we are headed. Simply marching on the Governor's mansion, given his recent near total lack of comprehension of our collective plight, may well not be near enough to insist upon and "demand" the taxation reforms we want. Reform not relief. Especially not tokenism relief so small it is an insult.

Marc Goldstone is the Arizonia Tax Revolt Chair. California and other State's interested groups are also being contacted, as well as our own coalition group leader members and selected members of our legislature. If you agree or disagree...as usual, please let me know your thoughts and opinions. I do not want to over step. D-Bell

As Marc says "D-Bell's group" is intrigued with the concept. And possibly - very likely ultimately the entire Utah Coalition from Washington County in the South to Cache County in the North will become very intrigued with the notion of playing "hardball" with Utah legislators.

For the past week, news outlets announce county budget increases based upon tax increase upon tax increase for 2008, as the year comes to a close. Add to that announcements of utility rate hikes from Rocky Mountain Power and Questar Gas utilities, impending UTA sales tax increases without end dates for Davis and Weber County, plus 1.81% statewide sales tax increase on top of that for school district bottomless abyss' if they are removed from property tax bills. Smoke and mirrors anyone? Add to that Water Conservancy and Fire Districts tax rate increases of 16.5 and 27%. The tax'em to death feeding frenzy is just getting started again for 2008. It is as if public outrage over - and demands for - significant tax reform have fallen on deaf, dumb and blind legislators, commissioners, and a multitude of "other taxing entities". Yesterday, the Utah House of Representatives announced they have the votes they need to pass a $90 million tax cut in the upcoming session. And IF our Governor (Huntsman) and the Senate goes along, they plan a $15 million property tax cut for homeowners and businesses, $15 million personal income tax cut for independently employed and who pay their own health insurance and about $60 million for further tax cuts "in other areas".

$15 Million amounts to less than $5.00 off each of our property taxes. It is an outrage and an insult to the people of this State. We demand a significant rollback and reform of property taxation and the legislators offer five bucks "relief"? This - in the face of statewide record numbers of property tax appeals and excruciating agony over whether to cut food, medications, heat, and other survival needs among both the old and infirm, as well as young couples also struggling to make ends meet. Five bucks relief, no reforms, just $5.00 or less per household is Utah's legislator's answer to constituents.

Are we interested in joining a National Tax Revolt? Are we willing to dramatically show our collective will to demonstrate resolve? I think so. People are currently seething and in a "wait and see" frame of mind after Davis County offered one time rebates for properties assessed more than 24% higher than last year. And we here in Ogden Valley, as in many areas of the State, are awaiting the results of "Appeals" to the Boards of Equalization in many counties in record numbers. Those results are beginning to trickle in.

"Shirley", my metaphor for Huntsville Town, represents the average (mean, median and mode) with her taxable assessed valuation increasing every year for the past three years or more. This year her humble 1908 wood frame cottage on .38 acres increased 118% and her property tax 92%. She is 86 years young, a widow and intimidated by the appeals process. She also can not afford a property tax increase from $1004 last year that inexplicably increased to $1,928 this year (house market value from $137,513 in '06 to $299,500 in '07). Her home is worth about $125,000 tops on the open market. Yet she received a check for $189 "for overpayment of property taxes" after her "appeal". This is what uncontrolled and unaccountable local government has wrought upon us. Gross over taxation without representation beyond token possibilities where citizens can rail against it. But local taxing entities, like our legislature, simply do not listen. The newspapers and media are either complicit or intimidated by "the power of various political lobby's or the threats to their advertising revenues".

So it will be in the final analysis, a fight of historic proportions and one which will cut across the grain of cultural druthers. None us wants this fight against our own elected officials. But then we are not the ones "so blind, so deaf, and so dumb they will not see, hear, or demonstrate how smart they are to us".

We are a constitutional republic based upon democratic principles - and I fear we are failing to keep it. If it takes withholding next year's property taxes en-mass, I say let's get started now preparing tables/charts, for each State, which show rows and columns with delinquent tax penalty percentages calculated for ease of use and footnotes with any legal issues appropriate for each State.

One thing appears certain, these "feather merchants" we have elected will do nothing unless we band together and demonstrate in significant numbers our collective economic strength. It is time for "hard ball" in Utah and perhaps in other States as well. Ron's diplomatic approach using communication and reason has predictably failed. It assumed leadership and intelligence where in truth there is the same collective IQ as the flock of 52 wild turkeys now roaming around my property, overwhelmed and lost in a blizzard.

D-Bell
Utah Wingmen for Property Tax Reform

Marc Goldstone wrote:

Andrew,
First, let me thank you for returning my call. Let me also wish you a fantastic holiday and new year. I look forward to discussing our Tax Revolt and late tax payment concepts with you and any other National Taxpayers Union folks after the new year.
You had asked that I share with you the folks and organizations that we have been and hope to be working with to promote the Tax Revolt. So I have copied each of those folks.
I explained that if the Arizona Tax Revolt fails to qualify the Property Tax Rollback measures it would be because the system is stacked against newcomers to the political game, not because our ideas are unworthy. Without mainstream press coverage folks don’t know we exist. Because they don’t know of our existence we neither have a sufficient number of volunteers or donations with which to hire signature gatherers. With six months remaining until the July 3rd deadline and since failure is not an option, it was apparent that we need to assure success in an unconventional way.
A gentleman, Ed Carels from Newport Beach, California contacted me a couple of weeks ago. He was impressed with our proposed solutions for the Arizona property taxation system and thought that perhaps we could garner the necessary support by recreating the Boston Tea Party. As you know there are Property Tax Revolts going on in many states, each promoting worthwhile changes. If the changes are proposed by government they are usually little more than window dressing to placate the taxpayer, like for instance a one time freeze on value or some such thing that does little if anything to limit over taxation.
Just like the Boston Tea Party in 1773, the means to achieve a fair taxation system is to deprive the government of tax revenue. This time it will not be due to a shortage of representation but instead due to the failure of our representatives to act in the interest of the property taxpayers. Since local government can not print money the shortfall in revenue will be felt in Arizona beginning on March 1 when the next property tax payment is due and until certain reasonable taxpayer demands are met. The Legislature will feel the sting since they are on the hook to make up any property tax revenue shortfall to the schools by in large the biggest piece of the property tax pie.
For Arizona the preliminary list of demands are:
1) Amnesty for those who make late property tax payments
2) Refer the L.A.W. and S.O.L.E. (anti- illegal alien) initiatives to the ballot
3) Refer the two Tax Revolt initiatives to the ballot
4) A commitment to the Legislature hosting a minimum of six hours of televised debates on the initiatives carried by the local network affiliates prior the Nov. Election.

We have been in touch with D-Bell from Utah who has been fighting property taxes there. His organization is intrigued with the Tax Revolt concept. Don Goldwater and Russell Pierce are promoting the LAW and SOLE border enforcement initiatives and are both aware of this proposal and its potential.
We will be discussing this proposal as well as the benefits of our levy and baseline valuation rollback measures with the Free Enterprise Club after the holidays. The Goldwater Institute will in the coming months produce a white paper outlining the benefits of the measures and their impact on local and state government revenue.
The following are Domains that we have reserved for this effort:
USATAXREVOLT .COM & .ORG
PAYLATE.ORG
NATIONALTAXREVOLT.COM & .ORG
I look forward to discussing the plan with you after the holiday’s.
Marc Goldstone, Chair.
Arizona Tax Revolt
(928) 754-8305

Legislative Property Tax relief plan is an insult.

2007-12-19T12:10:00.000-08:00

Season's Greeting Friends and Neighbors,

Utah State legislators said on Tuesday, 19 Dec., that they favor a 15 Million dollar property tax relief package. WOW! That's about $6.00 or $7.00 off our property tax bills!

No property tax reform measures are being proposed or discussed. All proposals on the table so far, are either stupid Band Aids or pandering to seniors. None address the "disease" which is clearly "fair market valuations" in assessments.

Transparency in Government is a good bill. Also the one which removes school districts from property taxes in exchange for what turns out to be a 1.81% increase in sales tax. It will lower the actual property tax bill, if passed, yet hold public education harmless by doling out more and more to school districts with no accountability. However; it does nothing to solve the root cause of the "disease" (how all our property taxes are calculated), nor does it roll-back our property assessments.

The Utah Realtor Association has done "their thing" on all efforts to reform property tax valuations and the laws which require them. And they have done it for at least the past seven years. So I have decided to let you all in on their dirty little secrets. You will be told how they interfere with legislation, the techniques they use, and the power their leadership virtually brags about. And you will hear it from "them" in their leadership's own words.

You will be exposed to their propaganda and standard talking points, their line of BS in other words, and you will come away like many are already saying..."We have too many Realtors and developers and school district people in the legislature." And it will be up to you and me to get them out of office at every level of government. To remove both them and their legislative/legal influences on our lives once and for all.

It is a long story, so I will endeavor to dole it out in small enough doses so that you can digest it as a series.

The first of the series will begin after the new year, when any hangovers are cured and things are back to "normal". If you can call scurrying around in search of receipts and tax information "normal". So be patient and wait for it. You will be amazed by the whole sad situation, but there is hope and a happy ending on the horizon once you know the facts about how they operate on a local, state and national level.

Merry Christmas,

D-Bell

This ought to get some comments! The truth about School Districts and teacher's salaries...the biggest part of all our taxes.

2007-12-15T20:12:00.000-08:00

Watch "Take 2" with Rod Decker tomorrow at 1100AM. Decker will try to BBQ Senator Curtis Bramble over school funding issues, vouchers and property taxes, among other things. Senator Curtis Bramble is expected to introduce a bill later this year which would go to the public for an up or down vote to bring Utah "teachers" up to the National Salary standard. It would involve raising property taxes by 70% and our income taxes by 42%. How do you like them apples? It is a necessary and brilliant tactic to elevate public understanding of the public school teacher's salary situation. Actually they are the highest paid teachers in the Western States.

Since our own Weber County chooses to behave like white trash and with hold salary information providing only hourly rates, much like Huntsville. I will use a more honest and straightforward County (Davis) which understands transparency in governance.

The median "teacher" in Davis County (after going down a list of some almost 300 administrators who are paid handsomely, with the first 11 getting from $157,428 to $99,985 BEFORE benefits) you come to the first teacher at $60,665. Normalized, the teacher is actually getting paid 1.4 X $60,665 or $84,931 for 186 days of work. ($456.62/day) Normalized to a yearly basis (234 work days minus 186 equals 48 X $456.62 = $21,917 + $84,931 = $106,848.76 a year. And that is conservative by making the assumption that teacher benefits are only worth about 40% more. We pay 30% of their salaries into their retirement funds for example. They invest the 30% we provide so in reality we pay 100% of their retirement since the interest and dividends earned is income we sacrificed (see Ut. Taxpayer Assoc.) Medical, Dental, stipends, and other perks are very likely considerably more dollars.

Now for the average Davis County "poor little ole teacher". How much is she/he actually being paid? The Mean, Median, and Mode for the 1708th Davis County teacher is $50,060. Times 1.4 (conservative estimate of benefits paid by us taxpayers = $70,085 which comes to $376.80/day which equals 48 X $376.80 = $18,086 + $70,085 = $88,171 a year. And they get three months off in the summer. Unless they want a furlough which is a fully paid two year off deal so they can goof off or go for an advanced degree on us usually.

What about that lowest of the low? The bottom of the Davis Co. salaried teachers, the new beans or entry level teacher? $30,183 salary X 1.4 = $42,256 which is $227.18 a day which equals 48 X $227.18 = $10,905 + 42,256 = $53,161.

Now excuse ME! But I don't think Electrical Engineers (EEs) in Engineering get offers in major industry right out of college to be paid at a rate of $53,161 a year with three months vacation in the summer. And I know for a dead certain fact that they do not get retirement benefits (nor does the military or the Govt. Civil Servants for that matter) anywhere near what the teachers are being allowed/paid at our expense. And I guarantee no EE, even with a Masters degree or a Doctorate degree, gets UEA days, holidays, teacher's days, and all regular holidays off in addition to the three months off a year. And EE's don't get paid assistants to do everything our generation tends to think teacher's still do either.

So add the $2,000 raises and $5,000 bonuses...by all means! Governor Huntsman kneel to the UEA Union, shuck up to incompetence in forgiveness for your voucher support, chasing some magic salary figure without any real accountability coming from that public school sector. Let them spend our money on banquets, balloons, and BS; on administrators who are both unnecessary and overpaid, on paid playground supervisors, paid reading coaches, paid students to grade papers, for ... well you should get the idea... This is not the same Public School System that we grew up with. It is one thoroughly out of control with no reigns in any of our legislator's or Governor's hands.

Let this continue without the guts to legislate a maximum of five (5) dependents claimable on State "Education Tax" returns and the UEA Union will continue to grind us all into the dirt. School Districts have already taken over critical State decisions from the legislature and local governments. Soon the top UEA Union person will be the real Governor of Utah and the legislators will all be public school administrators/teachers and the transition will be complete. Our taxes whether sales, education (Income), or property taxes will know no limits. The schools will empty because no one but the teacher's union membership will be able to live here and they will be in charge of educating only their own kids in empty mansion marbled showcase compounds.

At some point you guys in the legislature gotta get a shot of testosterone and stand up to these smiling crooks and send them packing. The best way is five (5) count'em only five dependents per family. Phase it in over several years but do it. It is the root cause and you know it.

OK all you PTA propagandized and teacher union folks, Mormon and Catholic large family advocates tell me where I'm wrong...

Minor Machman or D-Bell
1-801-745-1419

Where Do Your Federal Tax Dollars Go? Now that we know 100% of our Utah Income taxes go to education.

2007-12-14T17:46:00.000-08:00

Merry Christmas friends and neighbors,

This little beauty with tax information is just out in time for the holidays... Also I just might have found a solution to the possible negatives of acquisition value taxation eg; (a) could be considered difficult for our kids later down stream due to accumulated tax burdens, and (b) difficulty of "selling it" to the Realtor Association lobby. I am talking to Marc Goldstone, Chairman of the Arizona Tax Revolt. They have been working day and night for almost two years on this, plus spent some significant bucks on constitutional legal issues. Although very similar to "acquisition value" they have come up with "baseline value" methodology and preliminarily it looks and sounds promising.

I would like to put together an Advisory Board and do some serious research and collective thinking on this "baseline value" initiative. So if any of you out there are willing to give up some time analyzing and meeting say at the Branch Library in Huntsville please contact me via email. I'd like about a half dozen of us to explore it in detail individually and then meet as a small group to discuss its pros and cons. Need accountants, engineer, early thirties to us oldsters, CPAs, tax legal, business, realtor and plain ole good common sense kinda people for this effort.

We are not alone in this. As it turns out there are groups forming all across America with strikingly similar problems and concerns who are organizing to fight against oppressive bureaucracies who only know how to spend, with unlimited appetites for more and more tax dollars. We just might find ourselves a part of a National Tax Revolt unless legislators start to listen and lobbyists (including apparently our own Lt. Governor) back off and let our legislators legislate on behalf of the people (us taxpayers) instead of the special interest groups they lobby for.

Namaste,

D-Bell

Where Do Your Taxes Go? Find Out Online!
The federal government has announced the early launch of USASpending.org, an online portal to help you find out how your federal tax dollars are being spent. The website was mandated by last year's NTU-backed Federal Funding Accountability and Transparency Act. Better known as the Coburn-Obama bill, it ensures that information about all federal grant and contract spending above $25,000 is published online for ordinary citizens to review.
This is a monumental achievement for transparency in government. You now have the ability to go online and look at nitty-gritty details about where more than $700 billion of our tax money is going. You can search by recipient name, by agency, even by location down to the city level.
NTU was instrumental to getting that bill passed, including organizing a broad coalition letter with more than 70 organizations signing on, and now we urge you to log on to the website and put it to use!
If you are interested in transparency and accountability in government, visit USASpending.org today and let it start with you.
Thanks to all our NTU members who made this possible!

Report on Weber Fire District Budget and Truth in Taxation Hearing for Tax Increase

2007-12-13T11:14:00.000-08:00

Even with very short notice (we, many of us, did not receive word until four hours prior to the meeting) ten (10) Valley residents showed up to protest the tax increase. Some long winded real estate guy on the Fire District Board talked about thirty minutes trying to explain all about what happened in our Valley, but he got only some of it right.

We were perplexed that the public hearing session was being taken over by a couple of members of the Board. The Board seemed a little flummoxed also.

Finally, Mr. Lyle Allen of Huntsville rose and spoke. He explained how his property taxes had gone up 100%. That sometimes this constant increase in tax rates just has to stop. Sometimes government just has to “back off”. Mr. Allen also said these little increases are ending up with people having very large tax bills.

The 2008 Budget was presented by Chief Austin, who explained that the 16.5% increase was the result of how the State required them to report the increase. But that really only 8.8% was the true increase being requested after new growth was considered.

Sandra Tuck from Liberty rose and said in no uncertain terms that she...... click here for more

"Step up and Fund Transit? NOT! A taxpayer's perspective for a change

2007-12-12T15:34:00.000-08:00

The voice of the majority; a public mandate is not 1/3 of 1%. That is the margin by which the “Opinion” Question One allegedly passed in Weber County in Nov. Allegedly, because about 1,400 provisional ballots were cast, thanks to what has been spun as overzealous Godfrey supporters. Many votes lay impotent on the cutting room floor leaving the true “Opinion Question One” tote in doubt forever.

But one thing is certain, as many citizens voted against the “Opinion” as those who voted for it. And that public voice is clear. Commissioners, do not raise our taxes any more!

The little people struggling to make ends meet have already been abused by UTA. We have already been paying. Weber citizens who drive pay 43 cents a gallon at the pump, $78 minimum per vehicle yearly with registration, safety, emissions, corridor preservation and transit fees. Add to that what our Federal taxes provide for roads and transit. $500 Million in grant money to Utah County already pledged, for example. All this for roads and transit.

Yet there is never enough. So every County resident is already paying for “mass transit” whether they use public transit or not. We all benefit from reduced congestion and energy conservation they tell us.

Since before 2000 we have been paying and as of 21 July 2007:

State Sales & Use Tax 4.75%
Local Sales & Use Tax 1.0 %
Mass Transit Tax .25%
Additional Mass Transit Tax .25%
County Option Sales Tax .25%
County Botanical Cultural, Zoo Tax (RAMP).10%
*Additional-additional Mass Transit Tax .25% (still hanging in the balance)
Downright depressing Weber Co. Tax Total 6.85%

UTA and Commissioners, what we see everyday is Olympic sized new busses which seat about forty people steaming around the County either empty or with a maximum of about eight people sitting in them. What we see is shining gigantic UTA demands, threats of service cutbacks, and obvious fraud waste and abuse. Fraudulent claims of service cutbacks - where little exists in the first place, wasteful and grossly inefficient service routings - using forty passenger buses brimming with very low rider-ship, and extortionist demands for inappropriate taxpayer funding.

If UTA cuts back services because they can not be made whole on yet another nine million of taxpayer money a year so what? It is way past time UTA quit sucking the public tit. UTA buy your own milk using the interest money from hundreds of millions we have already been bilked into paying you.

If our Commissioners “enact” another “Opinion Question One” Tax* we will be paying well in excess of $26.1 Million a year for “Mass Transit” whether we use it or not. No specifics, no cost benefits analysis, no competitive bids nor even estimates. It would be just a 4th transit tax with no end date on top of many other UTA taxes already being paid forever. None of these “mass transit taxes” have “end dates” attached. We do not think you Commissioners have completely lost your collective minds. Please prove us right.

Commissioners tell UTA they need to get their house in order and manage efficiently before they come to the sales tax well again. Ask when they will become self sufficient and sustain their own operations. A core function of local and State government is to facilitate, not pay for public transportation. If it was we would like our cut of the “Mass transit tax” in new BMW convertibles with all fuel and maintenance included please. Better yet, considering how many are using it you can buy the UTA customers each a “Beamer” and still save us taxpayers hundreds of millions. Something about effective “cost benefit analysis” and whether it was ever done in the past.

Minor Machman

Fire District Public Hearing for Tax Increase

2007-12-11T09:52:00.000-08:00

We just received word of a public Hearing this evening for the Weber Fire District. Click here for details.

Last Post from the Machman

2007-12-07T13:22:00.000-08:00

Here's a look at this year's breakdown of where your property tax dollars are going:
School districts: $1.27 billion — 56 percent (+100% Income taxes to education)
Counties: $406.6 million — 18 percent
Cities and towns: $332.7 million — 15 percent
Special districts: $255.5 million — 11 percent

Ratings of Property Tax Proposals

1. Annual Market Value Assessments, (Committee, Rep. Harper?), amends TNT requiring a mandatory cyclical (yearly) appraisal using mass uniform computer assisted system to value real property. Counties of the first class by Jan. 09, second class by Jan. ’10, and third class Jan ’11. It is to be jointly administered by the State Tax Commission and Counties.
Rating: Worst, because it does what Weber Co. and some other counties have already been doing to us by "mass reassessments", using computer software. The proposal presented had initial software purchase cost of about $2 Million, plus another $10,000,000 a year to keep it updated or as a user fee. This proposal to use expensive software will just compound the many previous errors already in the tax assessor's database causing a nightmare for the entire State. And at great additional costs on top of the hundreds of millions we already are pouring into County Assessor's offices (29 of them) plus the State Tax Commission. It compounds the disease of current market value by magnifying disparate taxation using contentious software as another layer to Multiple Listing Services (MLS) software already contentious and fraught with errors.

2. Tax Circuit Breaker Amendments (Rep. Allen), (P) Change definition of what is included in “household income” under the Circuit Breaker program. Excludes other working family member’s incomes.
Rating: Poor, due to exclusion of other working family member’s incomes and shifting tax responsibility to others. Does nothing to fix our “disease”. Worse it gives legislators excuses to do nothing to fix the real problems.

3. Senior Citizen Property Tax Safe Harbor (Sen. Buttars), (P) Provide that a senior citizen cannot lose his or her home due to failure to pay property taxes.
Rating: Poor, although probably “means/income tested” it does not address those who sacrifice meds, food, heat etc. before losing their homes/independence. This is just another tax deferral bill. Plus shifts tax burdens. Does nothing to fix the tax “disease”.

4. Exemption Amendments (Rep Dee), (P) Amend circuit breaker qualifying limits and credit amounts. Amend definition of primary residence (based on zoning rather than use of property).
Rating: Poor, due to expansion of already abused 45 % primary residence discounts and because it shifts the tax burden to others. Does not address the tax “disease”. Provides another excuse for legislative inaction.

5. Determination of Taxable Value, (Rep. Dee), Provide that taxable value is based on three-year average.
Rating: Poor, due to last three years of inflated property assessments and captures bad assessment data without quality controls. Does nothing to address/fix the “disease”. Provides "cover" for legislators trying to dodge the real issues.

6. Valuation Base, (Rep Frank), Base property tax on square footage of the improvement (home) and acreage of the real property (regardless of location or market value).
Rating: Fair, simplifies elaborate TNT tax system but disregards reality of location as value factor. A small dose immunization against our tax “disease”. If done correctly it could have promise.

7. Tax Deferral – Senior Citizens, (Rep. Froerer), (P) allow ongoing property tax deferral for certain senior citizen taxpayers.
Rating: Worst, enables mortgage bankers to profit from tax situations, forces sales of properties to repay deferred taxes with 6% interest. Rejected by AARP and citizens in some 25 States which have some form of this legislation. Many commit suicide before resorting to such legislative “relief”. Off the charts-“ugly”, enables continuance of the “disease”. Provides very nasty cover for legislators without solving anything yet creating even worse problems.

8. Increase Circuit Breaker Qualifying Limits, (Rep Froerer), (P) raise the CB from 27K to the “Mid 30’s”.
Rating: Poor, enables continuing inflationary impacts and continues entitlement program yet also continues shifting tax burdens to others already “tapped out by high taxes”. Enables “disease” continuing. Provides another excuse for legislators to hide behind and creates the illusion of reform without actually resolving the major issues.

9. Residential Exemption, (Rep. Froerer), (P) allow the residential exemption to apply to a parcel of property that exceeds 1 acre (where zoning prohibits parcels smaller than one acre).
Rating: Poor, although applicable to the unincorporated areas of Weber County, it shifts tax burdens to all other counties, cities and towns with no such 3 acre minimum ordinance. Does nothing to fix the “disease”. Pandering to local interests without regard to addressing the real (estate) problems.

10. Freeze for Certain Homeowners, (Rep. Ray), (P) Freeze assessed value of real property for seniors(?)
Rating: Poor, this bill would absolutely shift tax burdens to everyone else and over time cause problems for everyone. Seniors need to pay their fair share. The problem is a fairness one for everyone and not just seniors. Does not address the disease. Any "freeze" seems suspiciously to end up just another bill with a "deferral of taxation" attached.

11. Fair Market Defined by Five Year Rolling Average (Sen. Stowell), self explanatory.
Rating: Fair, our problem is it does nothing to address the disease of current market value assessment determinations and in fact captures them – holding on to them over five years. Then it just continues with taxation of speculative and subjective current market value assessments which are totally unacceptable.

12. Limitation on Taxing Authority, (Committee), reduces the maximum property tax rates authorized in statute for certain taxing entities.
Rating: Fair, since it could harness out of control taxing entities with no accountably currently to citizens. Still it does nothing to address the disease. Our problems stem from over assessments and bogus MLS data being used to speculate about a theoretical market value. An impossible task for any assessor to do accurately. Tax rates are not lowered in Dec. for assessments made between the next January through early May.

13. TNT Amendments, (Sen. Niederhauser), Require (General Election) approval of tax hikes which exceed adjusted (by CPI) certified tax rate. Also amend exemption for certain levies.
Rating: Poor, it automatically adds consumer price index rate of increase to“revenue neutral” (not counting new growth revenue increase). Then if a taxing entity wishes to increase the CTR higher than the automatically inflation increased revenue amount calculated CTR, a general or municipal general election majority would be required. This bill makes no provision for revenues (therefore taxes) to actually decrease even if in a depression or recession, for example. In its current form it raises revenues annually and therefore taxes without relief... ever. It does not address the multiples of taxing entities either. Again it does not address the disease- current market value falsification and determination difficulties.

14. School District Funding, (Rep Froerer), provides SITLA funds to a school district and requires the school district to lower its property tax levy by same amount.
Rating: Good, Although it does nothing to fix “current market value disease “ it does take significant tax burden off property tax bill (55 to 75%) and thus offers significant property tax relief. But it has little chance with the Utah Education Association UNION and all the brain washed PTA members they can call upon to defeat it.

15. Assessment Revisions, (Committee), provide that assessor has the burden of proof in assessment valuation appeals instead of the property owner.
Rating: Good, it reverses current situation. Encourages accurate assessments. And removes timidity and intimidation largely from the current process. It is a declaration of freedom from assessor abuses whether mass assessed or personally assessed. This scares the hell out of County Assessor Offices across the State and will go down to defeat before ever reaching the floor of either house unfortunately.

16. School District Tax Base (Separate Bills one by Rep. Harper & later another sponsored by Rep. Dougall), replace all or part of property tax revenue now allocated to school districts with increases in sales and use taxes and/or individual income and corporate income taxes.
Rating: Good, although it does nothing to fix “current market value disease “ it does take significant tax burden off property tax bill (55 to 75%) and thus offers significant property tax relief. Rep. Dougall has again offered this as a swap of 50% off the School District’s portion of our property taxes in exchange for a 1.5% increase in sales tax (from 1.75 to 3.25% ($600 Million estimated revenue). But again the UEA Union and propagandized PTA members will likely rise up and smash any such logical solutions to their fleecing of Utah taxpayers.

17. Transparency (Sen. Neiderhauser), require all public information and employees salary information be posted on-line. Many States already do this, the information is available and just needs to be organized. Salt Lake Tribune and GRAMA already has growing list posted under utahsright.com where most county and public school salary information can be located. This Bill will require all governmental budgets as well as salary information to be posted.
Rating: Excellent, although it does not directly address the property tax disease of current market valuations, it does indirectly by requiring taxing entities to be up front and honest with their budgets, expenses, salaries, etc. Adding benefits values would be better yet since we all are paying for them as well. Governmental bureaucrats hate this bill as well and the UEA Union because it will expose much of the fraud, waste and abuse both local governments (in some instances) and school districts (in almost every instance) have so far gotten by with. Go to utahsright.com and scan each school district looking at the array of administrators and their salaries. Then imagine if their retirement, medical, dental, bonuses, stipends, and other special perks were calculated into those $150,000 salaries. They are costing us twice their salaries, yet the actual teachers still languish far behind other States in their salaries.

18. Acquisition Value assessment taxation, (Bill file reserved by Sen. Niederhauser), requires look back to ’00-’05 for property baseline value. Uses purchase price as baseline for new homes built after 31 Dec. 05. Adjusts yearly based upon lesser of COLA or 3% providing stability and predictability for everyone.
Rating: Excellent, Simple. Easy for taxpayers to understand. Fair and equitable with up front knowledge of tax burdens associated with property transfers. US Supreme Court defined and constitutionally upheld over thirty years of challenges were other “creative solutions” may be bogged down for decades in courts. Effectively puts “other taxing entities” on strict budgets therefore precluding wasteful spending habits. Directly addresses the disease by quarantining it to Centrally Assessed Properties. Has already replaced “the disease of current market value” in virtually every State as the most fair and equitable property taxation scheme available. With the parasitic "Other taxing entities" stripped from our Property Taxes we could see real and significant tax reform.

Good luck folks,

Minor Machman

Only one voice of 213,247 spoke tonight.

2007-12-06T18:25:00.000-08:00

Although Franco asked his wife Allison to come for support, she missed the hearing due to bad directions. K-Bell joined me but, I was the only voice in the sadly missing crowd. Afterwards a nice looking lady (the only other person in attendance) approached me and asked, "Were you being facetious"? To which my answer was "Oh yes! And I think they are still trying to figure it out." The lady was Kristen Moulton, a reporter for the Salt Lake Tribune. Marshall Thompson of the Standard Examiner was a no show as were the other 213,239 citizens. Little wonder why they have no compunctions about simply doing whatever they want... Sad really and although you my friends and neighbors, may not like "nag journalism" or me for saying so, truth is you should be just a little ashamed.

(I spoke the following words however;)
"My name is D-Bell, (Citizens Coalition for Tax Fairness). I live in Huntsville in the Ogden Valley.

I would like to first of all acknowledge and thank the Clerk Auditor’s Office and Comptroller for all the many hours and hard work it takes to put together a one-hundred eighteen (118) page budget. I fully realize just how difficult a task that is…

And as a resident of Ogden Valley, which has virtually two-thirds (2/3’s) of the land mass of Weber County, I want to express my appreciation to the Commissioners. By your collective authority our Valley will receive direct expenditures of $85,350, if this budget is approved.

The North Ogden Divide will receive $65,000 worth of “safety work”.

And tentatively Moose Hollow might get $20,350 in curbs/roadway work done.

Thanks to your leadership Ogden Valley will see one six-hundred fifty-sixth (1/656th) of our property taxes and other taxes or “revenues” spent directly on Ogden Valley. And for that we are eternally grateful.

And my next point is based upon what the Controller, Dan just briefed about how revenue from the one quarter (1/4) cent tax increase would begin in April.

I would remind you that the election stated it was an “Opinion Question One” and not an up or down vote situation. The voters passed the “Opinion Question” by my calculation by only one-third (1/3) of one percent. And considering about 1,400 ballots were cast as “provisional ballots” many of which lay on the “cutting room floor” uncounted, we may never know the real outcome.

But certainly you must realize that one-third of one percent is hardly a mandate of the people for a tax increase.

Thank you."

Blog Poll or what do ya know and think?

2007-12-04T16:44:00.000-08:00

What does Hilldale, Ut. where most of the large polygamist families are and BYU students in Provo have in common? Answer: Most child births are paid for by taxpayers (Medicare).

Utah's total local and state tax burden is 10.7%. According to the Utah Taxpayer Association Utah ranks sixth in the Nation in total tax burdens.

"Utah has the youngest population and highest birth rate in the nation, so it is not surprising that our schools have the largest class sizes. And they will continue to grow. The best antidote would be to abandon a tax system that subsidizes families with many children." (Salt Lake Tribune)

"According to U.S. Bureau of Census data released April 2000, Utah "spends a larger percentage of state dollars on education" than any other state in the union." (Deseret News, Apr 2000)

2001 National Centers for Health Statistics, The new federal study reported that Utah's "fertility rate" -- the number of live births per 1,000 women ages 15 to 44 -- was 93.1. That is 41 percent higher than the national average of 65.9. The next highest fertility rate among the states was 81.1 in Arizona... The report also figured the state's "birthrate" -- the number of live births per 1,000 residents. Utah's birthrate was 21.7 per 1,000 residents -- again, the highest in
the nation, and a third higher than the national average of 14.5.

According to information from income tax returns, Utah has the largest average family size in the country. Utah has four of the top five counties in the country in the US for that statistic, and the most of any state in the top 50 rankings. [Source: Salt Lake Tribune]

Warmed up? How about a survey/poll?

(a) I believe the current property tax system based upon current market value is valid and does not need changing. Yes/No

(b) I believe with some "tweaks" to the current market value system of reassessments like allowing more than one acre to receive the 45% residential discount, putting caps on seniors property assessments, deferred taxation for seniors over 65 and the like will fix the system.
Yes/No

(c) The current market value system of reassessment results in taxes on unrealized capital gains and escalates property values falsely which increases property taxation whether the tax rate or so called Certified Tax Rate increases or decreases. Yes/No

(d) I understand that 100% of my "Income Tax" goes to education (about 80% to public schools, 20% to higher education) PLUS another 55 to 75% of my property taxes all of which goes to the public school districts. And this is perfectly fine with me. Yes/No

(e) I know about the Salt Lake Tribune website, utahsright.com, which shows all public employee salaries by county and includes each school district's employees also. I know many salaries shown represent about half of the taxpayer expense unless benefits for retirement, medical and dental, stipends etc. are added. Yes/No

(f) I understand that our public employees and school district employees are all unionized.
Yes/No

(g) Who is the most powerful and most wealthy lobby group in the State?
Fill in the blank____________________

(h) What are "Centrally Assessed Properties" and who generally are they?
Fill in the blank_________________________________________

(i) Who is your Representative and are your Senators?
Representative for Weber Co area is: ________________________
Senators for District 18,19 & 20:____________________________
__________________________,_________________________

(j) Have you looked at the Weber County Budget available on line? What is the amount of the raises the Commissioners are proposing to give all County employees? How much of our RAMP Grant money is being proposed to be spent on the new Washington Terrace Library construction?
Yes/No
If "Yes", amount of raises and costs to taxpayers is $____,____,______
If "Yes", RAMP Grant money for new library construction is $_______________

(k) Do you think Recreation, Arts, Museums, and Parks (RAMP) money obtained from the .1% of our sales taxes should be spent to build a library? Would that mean RAMP should be LRAMP?
Yes/No
Yes/No

(l) How do you feel about County supervisors who can not discriminate between performers who deserve "Merit raises" and non performers who cause problems within their departments? They must all get the same raises without any "relative merits" involved? Fair? Balanced? Honest? Or just plain counter to common sense management principles?
Essay answer________________________________________________________________
(m) Do you plan to attend the Weber County Budget hearing on 6 December (this Wednesday) at 0600 PM? Yes/No

(n) I think this poll is really a confused survey, poll, challenge to get involved. Yes/No

You can register your answers either by using the "comments" on this blog or email your responses directly to the Minor Machman" @ dkbell266@yahoo.com

Property Tax Workshop Huntsville, & Town Meetings in Bountiful

2007-11-26T12:07:00.000-08:00

Greeting "Wingmen and ladies",

Just a reminder of several local meetings where you can perhaps make a difference in what our future property tax legislation will be. I will be there to make a case for acquisition value taxation, among other ideas, and hope you can participate with good solid solutions. I have also invited our previously unseen and unheard from Senator Allen Christensen. Right now the proposals are "all over the map" and few if any offer permanent and significant relief. I plan to give a review of them and offer our coalition's opinion about each proposal we know of so far. Our legislators definitely need our help to sort the wheat from the chaff. They want our help so let's not let them down.

Namaste,

Minor Machman

Gage Froerer our Utah State Legislator, and Valley resident John Primbs will conduct a workshop to consider all reasonable property tax reduction ideas and suggestions. This workshop will be at the

Huntsville Library on

December 5th at 7PM.

We recommend that anyone who has constructive input for property tax reform take part in this workshop.This workshop is not intended as a complaint venue, but a constructive session to develop a fair and reasonable method to mitigate the growth of our property taxes.This workshop is a clear indication that our elected representative wishes to receive input from his constituents on theirideas and suggestions. "Speak up for what you want, or take what you get".

Larry and Sharon Zini

Click here for more information about important upcoming meetings and to learn about lobbying the legislature:

What did Weber Co. need all our Property Taxes for?

2007-11-24T16:30:00.000-08:00

Hola Wingmen and ladies,

Here is one possible explanation since they have not bothered to tell us....
(Source: Weber County Tentative Budget for 2008, http://www1.co.weber.ut.us/Clerk_Auditor/pdf
Bet you have not spent any time reading the Weber County Tentative Budget for 2008 have you? Here is a quick run-down for all you still suffering from turkey coma and pie overload.
-Weber County received $803,000 (3.5%) in "new revenues" from Property Taxes.
-Also $466,000 in new revenues from Sales Taxes. ($1,269,000 Total in new tax revenues)
-They are giving themselves (all employees of the County) a 4% increase in salaries. 2% Merit raise, plus 2% for cost of living increase raises. That is costing us $799,000 for their "merit raises", plus another $876,000 in "COLA" increases. Total $1,675,000 in raises. How bout that folks? The Commissioners not only charged us big time ($3 Million) to accurately assess us, they are rewarding themselves for having done such a great job to boot! So if your appeal gets a short shrift and is "disapproved" now ya know!

-Also a 5.1% increase in health insurance premiums ($300,000) we pay for. Total raise package $1,975,000. Fine, if you think they deserve it.
-Our elected County Commissioners are spending $2,239,000 on new equipment and vehicles.
-The Commissioners are spending $6,500,000 on another new library in Washington Terrace. (at a time when everything is being scanned and stored digitally on-line? Are libraries becoming obsolete?).
-And $902,000 on capital improvement projects. Ogden Valley will see a massive one six-hundred fifty-sixth (1/656th) our taxes spent by our Commissioners directly to support us here in Ogden Valley.
The North Ogden Divide is planned to get $65,000 worth of "safety work" done on it.
And tentatively Moose Hollow will perhaps get curbs/roadway worth ($20,350).
How much in taxes did our Commissioners drag in for predominantly Ogden Metro area expenditures you ask? $19,126,290 Property Taxes
$ 9,318,401 Sales Taxes
$ 3,087,696 Assessing & Collecting
$ 1,082,252 Delinquent Taxes
$23,401,447 "Other Revenue", Fees, Permits, fines, forfeitures, etc.
$56,016,086 Total Taxes, fees, etc.
And finally, our elected Commissioners are spending $122,963 of RAMP (that's an acronym for "recreation, arts, parks, and museums which defines what our tax money can be used for) grant money on construction of the Washington Terrace (?) library? So much for honesty and ethics in government. Libraries are their own taxing entity separately charging us taxes at about $180 each household a year.

"These reports are derived from the individual department budget requests, adjusted for items discussed with each department during your budget hearings. After adjusting the budgets, per your (sic Commissioners) direction, we are able to present to you balanced budgets for all funds with no tax increase." Alan D McEwan, CPA, Clerk/Auditor

If you believe all this is just fine. Stay at home on the 6th of December during the Tentative Budget public hearing. If not join me at the County Chambers and speak up if you can and are willing to become involved. The State process calls it a Tentative Budget for a reason. If there are enough objections to register, the Commissioners will change the budget. Changes will be in the final Budget presented on December 11.
namaste,
Minor Machman

Complete transmittal letter of tentative budget follows:

To the Honorable Board of County Commissioners:
In accordance with Title 17, Chapter 36, Section 10 of the Utah Code, we submit to you the 2008 tentative budget for all Weber County funds and departments. These reports are derived from the individual department budget requests, adjusted for items discussed with each department during your budget hearings. After adjusting the budgets, per your direction, we are able to present to you balanced budgets for all funds with no tax increase. The tentative budget includes the following significant items:
• Merit increases of approximately 2% for all county employees, including exempt employees, elected officials, and
department heads, at a cost of $799,000. Also included are a 2% cost-of-living increase for all employees, at a cost of
$876,000, and a 5.1% increase in employee health insurance premiums, at a cost of $300,000. Retirement rates for next
year did not change.
• For the General Fund, estimated new revenues from property and sales taxes of 3.5% or $803,000 and 5.0% or
$466,000, respectively. This revenue growth does not include a tax increase and is possible because of Weber County’s
continued solid economic performance. Most other revenue estimates in the General Fund are either flat or lower than
2007, including recording fees, road service charges, and homeland security grants.
• Adjustments to departments’ staffing levels as follows:
􀂃 Assessor’s Office – added one full-time and two part-time positions
􀂃 Elections – added one part-time position
􀂃 Animal Control – added one part-time position
􀂃 USU Extension Service – replaced one vacant full-time position with a contract for services from USU
􀂃 Five departments have upgraded existing positions to better reflect the responsibilities of those positions
• $939,000 for various equipment purchases and $902,000 for various capital improvement projects. Additionally, another
$1.3 million will replace approximately 54 vehicles in the Fleet Management Fund.
• $178,000 to increase the county’s contract with the Convention and Visitor’s Bureau including an additional $18,000
toward the ski bus transportation initiative begun last year. Increased funding comes from a portion of the increase to the
transient room tax enacted in January 2007.
• A capital budget of approximately $6.5 million for completion of the new library branch building in Washington
Terrace. Costs will be paid with a combination of sales tax revenue bonds, donations, and existing fund balance from the
Library Fund. This project is expected to be completed in the fall of 2008.
A number of items requested by departments have not yet been funded. We understand that discussions regarding these additional
requests may continue and that changes may be made to this tentative budget before you adopt the final version. Before adoption
of the final budget, the Commission is required to adopt a tentative budget and hold a public hearing to allow all interested parties
to comment on the budget. The tentative budget must be adopted at least 10 days prior to the public hearing, and the final budget
must be adopted before December 31, 2007. We therefore propose the following schedule:
Adoption of Tentative Budget.................................................................. October 30, 2007
Public Hearing on Tentative Budget .......................................................December 6, 2007
Adoption of Final Budget......................................................................December 11, 2007
We acknowledge the Commissioners’ responsibility and authority in the budget process, and we desire to provide you sufficient
information to assist you in any further deliberations you may have before adopting the final budget.
Sincerely,
Alan D. McEwan, CPA
Clerk/Auditor

Promises...

2007-11-23T07:45:00.000-08:00

Greetings Wingmen and ladies,

The one bill being offered by Senator Niederhauser adds a vote requirement if any taxing entity wants to raise revenue beyond inflation. And it requires a Truth in Taxation hearing for any revenue increase more than the previous year.

And we are pretty sure that it has to be during a November general election. This would insure no political manipulative scheduling "hanky-panky by any taxing agency where only a few of their union for example can railroad huge tax increases onto our property taxes.

Also I can now report we have one legislator working on the acquisition value concept. He does not have a bill drafted yet, but has a bill file open.

He advises it is best to get more people on board. He is working with the Sutherland Institute and the Realtors seem favorable to the concept right now.

He is still working with them and will also will be working with the League of Cities and Towns.

He advises us to; "Keep your efforts up, we will need to get a lot of support for this especially since it will require the Constitution to be amended. We will need 2/3 of the legislature. We may get some push back from Centrally Assessed interests since we will put everyone on AV and leave them on FMV."

We need to hold our local senator and representative's feet to the fire and ask why they are not supporting our "acquisition value assessment proposal". If they do not actively and fully support us for significant tax reform we will remember it next year at the polls.

Namaste,

Minor Machman

Nothing proposed will change the way we are assessed.

2007-11-18T08:21:00.000-08:00

Hello friends and neighbors,

So far nothing proposed will change how we are reassessed. Is there any interest in forming Home Owner Associations to group together to protect us from further property tax abuse? Let me know.

We will again see another mass computerized assessment based upon bogus MLS inputs without mature professional adult supervision quality controlling the output (our property assessments).

We must not accept this near total lack of legislative response to our demands for comprehensive tax reform.

As I suspected we are getting some lip service without any real actions ever being proposed at this point. The disease is the “reassessments” and absolutely nothing has been proposed to change the modus operandi (the laws).

So keep your lawn signs in the garage because we will very likely be needing to use them in a major uprising. It is looking more like we will need to march on the Governor’s mansion and the Capital chambers in protest and revolt during the next session. They still have not gotten the message clearly enough.

► "Truth in Taxation Amendments" A tiny bit of encouraging news is that at least this proposed legislation tries to require our (electorate) involvement when taxing entities try to raise the tax rate beyond the inflation rate. But the tax rate is not the real culprit. And in fact this proposal actually encourages taxing entities to annually increase our tax rates with no mention of decreasing them during recessions or economic downturns. Only increases upon increases…we seem doomed. However; as we all know Counties have figured out how to actually lower tax rates buy a small percentage and yet gain windfall and overwhelming surplus revenues by grossly over assessing our homes and property. They have done it Statewide yet the legislators don’t seem to understand this.

Our "current" legislators are either incredulous, ignorant, stupid, complicent, or "Frankly my dear Scarlet, I (they) just don't give a damn." I suggest if they do not step up to the plate and quickly, we simply replace them with those who will.

Minor Machman

Machman's Report on last Revenue & Tax Interim Committee before General Session in January

2007-11-15T15:24:00.000-08:00

2:55 4. Transparency in Government Finance
• Introduction and Review of Draft Legislation – Senator Wayne L. Niederhauser
• Public Comment “I can’t tell you in words just how much I support this proposal. If all public information is made public you will see a vast reduction in false information coming out and the wastes of time trying to right the wrongs printed due to a lack of the facts. Virtually all the information is already there on-line and it would require only the cost of in house staff tying a ribbon around an existing package of information for easy delivery to us your constituents. The facts are what we need for accountability. When people can not get the facts they tend to fill in the blanks for themselves. And that is generally not a good situation as rumors and false information is usually the result. So I thank Senator Niederhauser for this proposal and we totally support the measure.” D-Bell
• Committee Discussion and Direction for Future Action It passed through the Committee with only four votes not in favor due to cost concerns which was frankly a smoke screen. It will go forward to the General Session. D-Bell

3:25 5. Property Tax Related Legislation
• Introduction and Review of Draft Legislation
This of course is a result of our widespread disaffection with the whole Property Tax situation in Utah, mainly inequitable and oppressive gross property tax bills.
► "Property Tax Assessment Revisions" Amends provision in the Property Tax Act relating to the real property appraisal requirement for County Assessors. It defines terms;
requires County Assessors to use a computer assisted mass appraisal system to conduct its annual updates of property values;
requires them to maintain a record of the last appraisal date for each parcel of real property located within the County assessor’s county on the computer system;
requires an assessor to prepare a five-year plan to comply with the statutory appraisal requirements:
requires assessors to include the last appraisal date for a parcel of property and makes technical changes. Bottom line NOTHING NEW HERE!!
What happened to us this year will likely reoccur next year. We will again hear the three Commissioners and the Assessor’s oft repeated refrain. “It is the law. If you have a beef take it to the legislature. We are only doing what the legislature is telling us we have to do. It is the law and we can’t help it… etc. etc.

Click here to read more....

.

Public Officials, Civil servants, Teachers' salaries... Transparency know the facts before you vote.

2007-11-13T12:19:00.000-08:00

Hello Again Friends and Neighbors!

The Salt Lake Tribune has put up a website that has the salaries of all public officials, civil servants and school teachers in Utah. It is a work in progress so the salaries for some cities may not yet be available. Take a minute to look at it and see how your salary compares with those paid to elected officials and civil servants. http://www.utahsright.com/h_salaries.php

A few salaries are included below for your information. Go to the website for a list of all employees and salaries. But for now don't expect to see any Weber County officials' salaries. They are hiding out and apparently don't want us taxpayers to know. Sound familiar?

Note: The salary data is only for base salaries and does not include other benefits such as a company car, travel budgets, expense accounts, etc. Most public employees have excellent retirement and health care plans.

Weber Schools: Click to read more

.

National rundown, "Voters Send Strong Anti-Tax Message in 2007 Election, Analysis of Ballot Shows."

2007-11-09T16:40:00.000-08:00

byKristina Rasmussen, Natasha Altamirano, Peter J. Sepp
Nov 7, 2007
(Alexandria, VA) -- The political parties are still analyzing the impact of yesterday's elections on their candidates, but according to a review by the National Taxpayers Union (NTU), the results from ballot-measure contests show a clear tilt toward limited government. Tax increases failed in all of the states where fiscal policy issues were considered, while proposals to limit taxes scored victories in places as diverse as Texas and Washington.
"Whether they were asked to pay higher cigarette taxes for children's health programs or higher sales taxes for mass transit, the resounding answer from voters this fall was 'no'," said NTU Vice President for Policy & Communications Pete Sepp. "Tax hikes are rarely popular at the polls, but the electorate often went one step further by telling politicians to put government on a stricter tax-diet in years to come."
Off-year elections tend to have fewer ballot proposals as well as candidates, but NTU's researchers identified 29 measures in seven states that could have an impact on taxpayers (including Louisiana’s October 20 election). With one exception (a defeated transit measure in Seattle), localities were not examined. Among the findings:
Washingtonians opted to strengthen the state's requirement of a two-thirds legislative "supermajority" or voter approval of higher taxes, and called for the creation of a constitutional rainy day fund. Texans approved four separate measures affecting property taxes, including a limit on homestead assessments and an exemption for a vehicle used partly for business purposes.
As is often the case, bond issues largely succeeded; nine out of 10 debt-related measures in three states passed (a stem-cell research plan in New Jersey was the lone failure).
The high-profile loss in Utah of school vouchers (which could have generated education budget savings) stands in contrast to the loss for a measure in Washington State that would have made it easier to raise taxes for schools.
Tobacco tax increases continue to have less appeal than pundits claim. This year's defeat of a proposal to boost cigarette taxes in Oregon marks the third instance in two years that citizens rejected higher tobacco levies (in 2006, such increases failed in California and Missouri but succeeded in Arizona and South Dakota).
Government accountability issues fared well at the polls. Maine residents turned back a scheme to weaken term limits on legislators, while Texans passed a reform that will require many legislative votes to be recorded and posted on the Internet.
"Excluding bond issues, when given the chance to decide statewide fiscal measures, Americans approved tax limits or controls on government 75 percent of the time," Sepp concluded. "Although the 2006 election had a much higher quantity of ballot proposals, the pro-taxpayer tilt among the results was stronger in 2007. Those who are focused only on 2008's Presidential and Congressional races ought to keep an eye on tax and spending ballot measures next year too."
NTU is a non-partisan citizen group working for lower taxes and smaller government at all levels. Note: NTU's full guide and analysis of 2007 ballot measures is available at http://www.ntu.org/.

If our elected local government officials think they have a mandate to approve the one quarter cent sales tax hike for Weber County with only a 1.57 % margin of the vote and with three precincts still to be counted it just might be time for a march on the Weber County building in full protest. The vote is clearly one which rejects the hundreds of thousands of dollars squandered on "feather merchants" lobbying for another "forever tax" on our children, grandchildren and their children's children. We must wait to see what the three commissioners will do, but we are watching and listening very carefully.

Minor Machman

Wash. Co. Joins Property Tax Debate

2007-11-07T08:46:00.000-08:00

Greetings friends and neighbors,

I have intentionally given it a rest. The State has taken an IQ Test relative to Vouchers, local elections, and the still undecided Weber County 1/4 cent "transit" tax increase with only 52 of 55 precincts reporting. I draw considerable community pride from the Huntsville Town electorate who spoke clearly yesterday. Nuff said on that sweep.

So it is back to Property Tax Reform. Our growing steadily by the day group just might be joined by a fledgling group in Washington Co. who are where we were about two months ago. Upset and confounded by unfair and inaccurate property assessments and taxation, they have formed a Washington County Fair-Tax Committee.

Independently they have come to the same position on assessments and taxation we have, as well as the Citizensfortaxfairness group. Jim Bray and Lee Dickson are organizing. And as you can see, doing it well. The Guest Editorial by Jim will appear in the Spectrum probably on Saturday this week. It will include a petition to their Senators and Representatives and a sign up drive.

My point is - our citizen army continues to grow and our voices will be heard. If the legislators do not listen, our bodies will be required to move on the Capital in the finest traditions of American peaceful political protest. So keep that in the back of your minds as we continue to try to negotiate, convince, and use the quiet tools of diplomacy behind the scenes with legislators.

Frankly, so far I am unimpressed with the results. But then my wife tells me I am famously impatient. Let us keep focus on and faith in our common cause and stay the course for comprehensive property tax reform.

Minor Machman

Click here to read: Eliminating Unfair Property Tax Increases - The Fair Property-Tax Petition

George Will, John Stossel, Governor Huntsman, Rep. Froerer, For. Edward Kennedy, Hillary Clinton, and the NEA/UEA Union against.

2007-11-02T13:42:00.000-07:00

Guest Commentary by Ron Mortensen

Wing men for Property Tax Reform join with "CitizensForTaxFairness.org in recommending a vote FOR Referendum 1 (Educational Vouchers) for two primary reasons.

First, public schools have failed to effectively and efficiently use billions of dollars of taxpayer funds leading to excessive taxes and disappointing results.

Second, funding requirements for public schools will increase by billions of dollars in the next decade due to a rapidly growing student population. Coupled with an economic slowdown, this will result in sharply higher property taxes.

Vouchers are obviously not the whole answer to the challenges we face but we believe that a growing, vibrant private school system can help contain property and income taxes by relieving some of the burden on the public schools and on the taxpayers. Furthermore, a strong private school system will encourage public schools to better manage their funds, to upgrade the quality of education provided to students, to be more responsive to parents and to control spending.

Please pass this e-mail on to those on your mailing list.

More detailed information follows below.

Failure to Effectively Use Taxpayer Funds

Wingmen for Property Tax Reform and CitizensForTaxFairness.org tax defines tax fairness as the collection of the absolute minimum amount of revenue necessary to fund the core functions of government and as the effective and efficient management of taxpayer funds.

Unfortunately, our public education system has consistently failed to effectively and efficiently use taxpayer funds entrusted to them to educate Utah's children.

Twenty to thirty percent of public school students drop out before graduation. Twenty-six percent of public school students completing the 12 th grade have not passed the 10th grade level Utah Basic Competency Skills Test (UBSCT). Perhaps even worse, according to the Salt Lake Tribune, "the scores of only 24 percent of Utah students who took the ACT last year showed they were ready for college-level work in biology, algebra and English. Ninety percent of jobs that pay a livable salary require the same level of reading and math skills needed to start college."

Incredibly, taxpayers are pouring billions of dollars into a system that fails around 50% of all high school age children and 76% of college bound students who take the ACT.

In addition, our public school districts have been plagued by serious financial irregularities including multi-million dollar losses in the Davis School District. The Davis District's answer to this financial mismanagement and loss of taxpayer funds was to improve internal controls and raise taxes.

In spite of strict certification requirements and stringent background checks, there are frequent stories in the local media about improper behavior by taxpayer funded public school teachers and it is exceptionally difficult to terminate poor performing, certified teachers.

In addition, during the past year, at least two school districts have squandered taxpayer funds that could have been used for class size reduction or classroom supplies defending their refusals to comply with open meeting laws.

The items listed above are just the tip of the iceberg. The consistent failure of the public schools to effectively use taxpayer funds requires us to find new and better ways of educating Utah's children. We believe that the education voucher is one way to more effectively use taxpayer funds and to help make public schools more responsible and accountable to the taxpayers and their students.

Higher Taxes

Over 60% of the property taxes paid by homeowners in Weber and Davis County go to public education (Weber and Davis School District). 100% of state income tax receipts go to public and higher education.

This fall, the enrollment in the Weber and Davis School Districts is up by more than 1,500 additional students. At a cost of at least $7,500 per student, taxpayers will pay a minimum of $11 million more each year for the next twelve years to educate these 1,500 additional children in both Districts. However, this is only the tip of the iceberg. If this rate of growth continues for the next ten years, the total cost to taxpayers to educate an additional 15,000 children will be over $1 billion dollars.

This is not just a Weber and Davis County issue. Statewide it is estimated that well over 150,000 additional students will enter the public school system in the next decade. In order to meet this growth, we will need to build, staff and equip 5,000 new classrooms (30 students per class) at a cost of over $225,000 per classroom (30 students X $7,500) for a total of over $100 million per year in new public education spending just to stay even – and this doesn't include any increase for inflation or the costs of new facilities. The total cost to taxpayers to educate these additional 150,000 students from Kindergarten through the 12 th grade will be well in excess of $11 billion.

Unfortunately, the property and income taxes paid by the parents of these new students will not cover the cost to educate them. In addition, it will cost much more than $7,500 per pupil to educate many of the new students due to English as a second language requirements, weak parental support, growing administrative costs and teacher union demands.

While economic growth will help offset some of the additional costs associated with the influx of new students, it is virtually certain that Utah will face one or more economic downturns during the time that these children are in the public schools. In fact, with the cost of a barrel of oil approaching $100 and a rapidly weakening housing market, an economic downturn may come sooner rather than later. When it does, there will be pressure to increase property taxes even more than this years 11.6% statewide average (four to five times the cost of living allowance of 2.67%) to offset lower income tax collections that go to the public schools. Much of that increased property tax burden will fall on homeowners and small business owners. At leasst until our legislature gets off its collective duff and passes significant comprehensive property tax reform.

Therefore, we recommend a vote FOR Referendum 1 (Educational Vouchers) in order to help relieve the burden on taxpayers and public schools.

What is the Machman's idea of Acquisition Value Taxation?

2007-11-01T16:35:00.000-07:00

Acquisition Value Taxation –

Executive Summary or Overview 23 Oct. 07
by D-Bell:

- County Assessors use acquisition value method of valuation.
- Base assessment value determined by “look back” to the years 2000 through 2005 and averaging the then “market values”, rolling average.
- If after 31 December 2005, the property (residential and commercial) sale price adjusted, minus Real Estate Commissions, and curb appeal expenditures not directly having a bearing on actual property value.
- Form is filled out (and sent to Assessors) at closing, detailing these price reductions to arrive at honest acquisition valuation.
- Utah must become a full disclosure state (under penalty of perjury).
- If a “brother-in-law deal” or other than arms length transaction, Assessor negotiates appraised value with home owner and/or licensed appraiser. Same if new construction with volunteer labor, etc. Becomes base assessed value for taxation.
- Any changes in use or classification, additions, improvements or repairs from natural disasters are reassessed using prevailing square footage or actual cost data for such modifications. An assessor responsibility - using building permits and legal enforcement of mandated reporting responsibilities from property owners, licensed and bonded contractors, appraisers, etc. Heavy fines imposed for violations. Enforced by County Attorneys in collaboration with Assessors.
- Base property assessment is reassessed each year by the lesser of three percent (3%) or the Cost of Living Allowance (COLA) by January 30 each year.
- Assessed value may not exceed the market value. If the assessed value is higher than the market value the assessed value must be reduced to the market value.
- Natural disaster repairs within 125% are not re-assessable.
- Partnerships, S Corporations, Corporation transfers of ownership accounted for.
No transfer of property deemed if: between husband and wife, surviving spouse or due to dissolution of marriage, or upon death of the owner.
- No transfer of property deemed if between owner and another for whom the property will qualify as owner-occupied single-family dwelling within one year of the death of the owner if the new owner was legally or naturally dependent upon the owner immediately prior to the deceased owner’s death.
- Ownership transfers between immediate family members which have been legally willed or deeded said property or named in a trust, are exempted from inheritance taxation and retain the acquisition value assessed market valuations as if no death had occurred. But a resale is based upon the new acquisition value.
- No (owner) fault or penalty for Assessor errors.
- Property taxes must directly benefit property owners exclusively and are not related to education, health services, libraries, law enforcement, emergency services.
- Include Fire Districts only as property tax related service.
- Segregate all secondary school and higher education districts from “Property Taxes”.
- Completely separate all non property tax related taxing entities into homogeneous groups.
- Rename “Utah Income Tax” to “Education Tax”.
- Administer and dole out proceeds to secondary school districts, and higher education from the State Tax Commission with the advice and consent of the legislature.
- Limit tax dependent exemptions to a maximum of five (5)/family. Gradually phase it in over ten years, for example, allowing family planning and budgeting.
- Require accountability for all taxing entities to legislative represented and private citizen commissions (public service commissions) from each non property tax related taxing entity:
- County Public Libraries
- County Public Health, Mosquito Abatement, Paramedic and EM Services
- County Law Enforcement (include 911)
- Water District
- Require these meet and form budgets in the same place and at the same time.
- Make it a felony to form a budget and then task Assessors to “go find the money”. Receive money from taxes first, then formulate budget within monies available or go to jail for five years minimum.
- Individual taxing entities allotted funds from a user fees and sales tax revenues, collected at State level (tax commission) and parsed to the counties based upon proven and accountable requirements (not needs or nice to haves) administered and checked/balanced by the people (public service commissions).
- They must post revenues allotted versus budgets yearly, on-line as public information. Transparency.
- Maximum tax levy of five dollars per thousand dollars of acquisition reassessed taxable valuation for owner occupied single family dwelling.
- Maximum tax levy for non-owner occupied (second residences) single-family dwelling is six dollars per thousand dollars of taxable valuation.
- FAA Agricultural Land or “Green Belt” assessment standards established. Minimum assessed $2,000/acre, minimum taxed at $50/acre.
- If county levy is less than the max allowed the levies shall maintain the same proportion to each other as represented in the mathematical relationship at the max levies.
- Should County impose an excess levy it requires same proportions and approval of 60% majority of constituents with minimum voter participation level of 40% of registered voters.

Tracking down the Tax Monsters...

2007-10-31T19:50:00.000-07:00

“The Weber County Budget: County sees surplus of $37.6 million in 2008”
by Marshall Thompson
Standard-Examiner staff
mthompson@stand.net

“The County finances are so robust that it could potentially cause some problems. State law requires that a county’s general fund must not exceed 20% of revenue at any time. Dan Olsen, the county comptroller said that in 2006 the general fund was at 16.4% ($37.4 million in surplus) of the revenue, and in 2007 it is estimated at 19% ($43.5 million in surplus). The tentative budget projects 19% ($37.6 million in surplus) again in 2008. In property taxes that is; $18.2 million in ’06, $19.2 million* in ’07, and $19.9 million* in ’08 (* estimated)".

Dan goes on to report, “If property values climb beyond the County’s expectation, money will need to be switched from the general fund to another account, such as capital projects. If we ever got to that point, we’d put the money into capital improvements and roads. Or we may purchase some equipment that we’ve been holding off on.” Olsen said, “There’s never an end to the list of projects.” (Machman’s insert: we can find to spend all your property taxes on...)

It’s their (your) money,” Olsen said. “If they (you) don’t like the way it’s being spent, they (you) need to show up and let us know.”

I like ole Dan. He says it like it is. And he is spot on. You can get a copy of the tentative budget (for 2008) from the Weber County Website, we can and should show up on 6 December at the Weber County Chambers for a public hearing, where we can express our opinions and ask questions.

Something about: (Click to read more)

Machman says NO on Opinion Question 1! No more! Never more...and why.)

2007-10-29T10:58:00.000-07:00

Standard Examiner OPED
Sunday, October 28, 2007

Nobody likes the idea of raising taxes -- least of all those who are being taxed.
But, as we see things, it wouldn't make any more sense to reject a proposed tax increase without assessing the reasons for opposition than it would to approve without a justification for doing so.

ALL OF US IN THE OGDEN VALLEY HAVE A UNIQUE OPPORTUNITY TO SEND A STRONG MESSAGE TO OUR COUNTY COMMISSIONERS BY TURNING OUT IN MASS AND VOTING AGAINST THIS NEW TAX THAT IS SUPPORTED BY THE COUNTY COMMISSIONERS AND WILL DO VIRTUALLY NOTHING FOR OUR VALLEY.

OK let us examine the reasons to reject the latest proposed tax increase:

1. The latest property tax increase averaging 11.6% for the entire State is simply beyond understanding or justification. Weber County is the highest taxed in the State already.

2. Legislators and Assessors and Commissioners are still in their defensive crouch defending the status quo.

3. They see no need to change “the system” supported by the editorial staffs of major news papers which proclaim, “The System is Not Broken”. Fortunately for us, the Standard Examiner is not one of those papers. They generally tell it like it is and we appreciate that very much.

4. But on this issue the Standard Examiner editorial staff is just wrong (however well meaning).

5. The following has already been done to us:
2007 General Session SB 223, the State sales and use tax rate was set at 4.65%.
The basic transit rate was increased to .3 %.

The municipal highway tax rate was also increased to .3%.

We already pay a “County Option” tax of .25% passed in about ''00 for corridor preservation and/or commuter rail/transit. And a second mass transit tax along with...

A RAMP tax of .1% (interestingly called Botanical, Cultural, Zoo Tax (County).

And effective 1 January 2008 the combined state and local sales and use tax on food and food ingredients will be 3% (1.75% State, 1% local Option, and .25% County Option.
(Source Office of Legislative Research and General Counsel, Oct. 15 2007)

6. What we already are paying for transit/transportation in addition to the above:

Motor Fuel Tax $255 Million.
Special Fuel Tax $111.2 Million.
Motor Vehicle Registration Fees (Taxes) $34.3 Million
Special “earmarked” funds are not included in the above.(Lord only knows..)
(based upon Oct. forecasts from state economists, the actual FY 2008 ending in June of this year will exceed the February 2007 forecast by $136 to $179 Million dollars.)

**Sales tax restricted revenue for Transportation Projects and Public Transit Systems Tax Highway were up 41.5% and 164.7%, respectively.
(Source Utah State Tax Commission Revenue Summary, Economic And Statistical Unit, Oct 15, 2007)

7. The Feds already chipped in another $500 million for transit lines.

8. We have already paid for Front runner commuter rail in Weber County.

9. State B&C road funds are already made available from the State to the County for these East West feeder roads.

10. Yet another .25% increase in sales tax would also be the third separate transportation sales tax in Weber County and it follows on the heels of an increase in vehicle registration fees dedicated to transportation.

11. Since July we are already paying yet an extra $10 per each vehicle for corridor preservation and transportation.

We seem to have both the UTA and UDOT working as a one two punch to get more and more out of us already over taxed citizens. Is this some sort of race between UTA, UEA and UDOT to see who can exhort the most funds from us taxpayers?

UNCLE! I give…..and give and give and give.

But what am I getting here in Huntsville? We already pay for our own roads, potholes, chip, crack and seal. Besides, I like my potholes. They are the only thing that stands between me and the folks with their big boats who get in too big a hurry as they begin to see Pineview and water.

The Standard Examiner OPED piece continues with Mach man's comments in bold italics...if you have the time to read it. It is too long and I know it. Sorry bout that.

That's where the voters of Davis, Weber and southern Box Elder counties find themselves: On the Nov. 6 ballot, they will be asked to vote yes or no on Opinion Question No. 1. It asks whether or not their counties/communities should be allowed to impose an additional quarter-cent "sales and use tax for corridor preservation, congestion mitigation, or to expand capacity for regionally significant transportation facilities."

We realize that homeowners and business owners -- this newspaper included -- are suffering from what we've termed "tax fatigue." Property taxes have been climbing due to increased valuations, various taxing entities bumping up their tax rates, etc. It would therefore be tempting to vote against Opinion Question No. 1 just because you're fed up.

We sympathize, but feel that Opinion Question No. 1 is one of those measures that, though distasteful right now, will produce significant benefits far into the future for transportation and public transit throughout the Top of Utah.

In Brigham City, Willard and Perry, the extra money will be used to hurry along commuter rail from Brigham to Pleasant View. In south Davis County, Bountiful would like to see a TRAX line or streetcars.

But not all the money will be used for public transit. A quarter of the money, by law, will be designated for corridor preservation. We already have and are paying for corridor preservation. That is what the .25% tax or $8 Million a year forever is already paying for. And now an additional $10 a year forever vehicle registration fee ($1.5 Million). That's vital, since we all can see how fast the ground is being developed around us -- and some of that property will be needed for roads and transit lines in the decades to come. Agree but for heaven’s sake yet another .25% (total $18+ million a year forever?!) Machman understands a marriage that is forever but a tax? What is the end date of the 2000 County Option transit tax? What is the ending date for the one you are suggesting we vote for now? Answer; There simply is not one. Why would ANYONE in their right mind vote for such a tax? Why would any of us agree to give away our hard earned income to bureaucrats who have abused us so and continue to be held unaccountable? Just makes no sense at all to me.

Obviously, all that costs money. If Opinion Question No. 1 passes, it'll mean an extra $8.66 per month for the average family, or $104 per year. Folks this is the definition of “Incrementalism”, and a perfect example of how it has already sold us down the river too many times. Reject this reasoning for the sake of your children and grandchildren. Make public officials accountable and hold them to account for sane budgets. PLEASE!
But consider this, too: For our economy to continue to chug along at a healthy pace, the Top of Utah needs to attract and retain good businesses that will provide jobs, goods and services for our residents. If you ask the Brigham Area, Davis and Ogden-Weber chambers of commerce to list the top three criteria for companies looking to relocate, they'll tell you: 1) available work force, 2) transportation infrastructure and 3) quality of education. If we don't do all we can do to improve our transportation and transit, we're hurting our prospects for long-term economic success.
Sure they will say that. So what is new? My point is we have already sacrificed through excessive taxation and yet they continue with an unrelenting array of give us more. There will always be this hue and cry for more. And we must just say no. Time out. Foul. You Chamber of Commerce businesspeople, UDOT and UTA bureaucrats give us specifics not generalities and vague notions. You give us clear and indisputable facts, not projections of growth traditionally embellished and exaggerated. You Chambers of Commerce old farts who are business people, who want as much as they can get to reduce their own overheads and increase profits, stop sending out “feather merchants” to lobby and in the process steal more tax money. What is it going to take? Robin Hood to stop the Sheriff of Nottingham?

Finally, we approve of the way the projects funded by this tax increase will be prioritized. Box Elder's already targeted its priority: rail. But in Davis and Weber, where commuter rail will open for business next year, local governments and the Wasatch Front Regional Council will huddle to fund the projects that are most critical. How about huddling around the money we have and are already paying for these “projects” and keep your greedy hands out of our bank accounts.
We don't like the idea of a tax increase, either, but we urge a yes vote on Opinion Question No. 1. I understand why you would have to say that but….No thanks boss. Respectfully, “That dawg don’t hunt.” Minor Machman

Mortgage Fraud Task Force. Hmmm? Could Help be on the Way?

2007-10-26T09:03:00.000-07:00

Mortgage fraud
Crooks, 'We are coming after you'
Local, state and federal agencies form one of the first task forces in the U.S. to battle con artists
By Pamela Manson
The Salt Lake Tribune
Article Last Updated: 10/25/2007 11:56:02 PM MDT

Con artists who have made Utah a hot spot for mortgage fraud are the target of a crackdown.

Local, state and federal agencies have formed one of the nation's first comprehensive task forces to battle them, Gov. Jon Huntsman Jr. and U.S. Attorney Brett Tolman announced Thursday.

"We are coming after you," Tolman said at a news conference. "We're not going to let people get away with this type of behavior."

The 2007 Mortgage Asset Research Institute's Ninth Periodic Report to the MBA ranks Utah as fifth in the nation for mortgage fraud after Florida, California, Michigan and Georgia. The FBI ranked Utah in the Top 10 of mortgage fraud states in 2006.

Huntsman noted that there has been a "checkerboard of jurisdictions and investigations" in the state. By combining the resources of different agencies, the task force hopes to close gaps and ensure that no one gets away with a scam, he said.

"Our firepower as a state has been enhanced many-fold," the governor said.

Members of the task force will be divided into teams that investigate and prosecute all participants in a suspected fraud. Criminal charges could be brought in either state or federal court. Some of the common schemes involve straw buyers, illegal property flipping, identity theft or inflated appraisals.

Agencies participating in the mortgage fraud task force include:
The U.S. Attorney's Office,
Utah Attorney General's Office,
the FBI, Utah Insurance Fraud Division,
the IRS, the Draper Police Department,
the Utah Department of Commerce, U.S. Housing and Urban Development Office of Inspector General,
U.S. Immigration and Customs Enforcement,
the Utah Department of Insurance,
the U.S. Postal Inspection Service,
the state Department of Public Safety,
the Utah Division of Securities and the Salt Lake, and the Davis,
Utah and Washington county attorneys' offices.

pmanson@sltrib.co

Minor Machman has asked for a contact within the task force. Wonder where the Weber County Attorney office is on this list? Something about Weber County and the Huntsville area? Hmmm? Men of conscience...men of action, think I'll call the County Attorney. Maybe we all should call? 1-801-399-8377 is the number for all you "men (and women) of conscience (action)".

From a Desert Morning News blog to a blog - reporter's and politician's hate them.

2007-10-24T17:47:00.000-07:00

On Oct 25 (Thursday evening) there will be a public forum on taxes sponsored by the Davis County Democratic Party, 7 p.m. in the County Commission Chambers, Memorial County Courthouse, 28 E. State St, Farmington. The public is invited.

Ronald Mortensen of CitizensForTaxFairness.org has been asked to give a presentation at this forum. If you want a ride give me (D-Bell) a call at 745-1419.

.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.-.

It has been fascinating to listen to fellow journalists or politicians anytime someone dares bring up news or newspaper "blogs" such as this one or asked a valid question of a political candidate. You can see them physically stiffen, and then they speak with anger.

"I NEVER read the blogs!" says one Morning News reporter. "That's the stupidest thing the paper has ever done."

A few blocks away, in a conversation with a Tribune reporter regarding a controversial current topic, I asked, "But have your read what your readers are saying about that?""No!" she blurts. "No reporter pays any attention to those."

"A political candidate says indignantly 'I don't reply to anonymous people who don't have the courage to include their own name.', and waddles away from controversy self satisfied and self assured.

Why the emotional reactions? The answer goes back 500 years. Ever since the first printing press was put to work, the publishers owned a true mass medium. According to Marshall McLuhan, a mass medium is one which produces the maximum message and the minimum feedback.

So it was with Guttenberg; so it used to be with newspapers and TV stations.

In the past, only occasional letters to the editor have been published that rebutted a journalist’s or a politician's view of reality. Now, newspapers, broadcasters, politicians and candidates alike have virtually given the public access to the largest press in the world – the Internet. And, it’s on the publisher’s or political candidate's own website, no less.

And that’s what is leaving my journalistic and political friends so uneasy. Now readers and viewers can publicly question, criticize, debate, correct, and castigate journalists and politicians. What’s more, the critiques appear attached directly to the reporter’s, politician's or a political candidate's work (or lack thereof.).

That’s a very uncomfortable experience for someone who has made a living sheltered by the man who buys his ink by the barrel, or "poly", Greek for many, much, excessive..."Tic" bloodsucking mites.

But are the news blogs of any use? In their early days in Utah there was a great deal of abuse of the space given to news consumers. Bloggers love their anonymity, and they abused it to name-call and falsify. I think, however, there is a sea change in the morass of opinions flowing out of the hot topics of the day. The differences of opinion seem to be more on point, and though diametrically opposed, arguments have become more logical and less vitriolic.

So what do reporters and politicians have to fear? Only the points of view that they were not aware of or opinions that contradict their own biases.

After all, doesn’t this new public discussion forum provide what the Supreme Court called a “free and robust debate?” It is simply part of the "democratic principles" our Country is based on.

Hey Councilman Stevenson! Are you listening? Answer the questions please. I identified myself clearly enough. Why did you vote against a resolution of support, while saying you supported us and our efforts to reform property taxation?

D-Bell, aka Minor Machman

Send Strong Message - Vote NO! For 1/4 cent sales tax hike.

2007-10-21T15:20:00.000-07:00

Greetings Friends and Neighbors,

Beginning tomorrow you are asked to vote on a quarter cent tax hike. Sounds innocent enough. Family of four impacted only $8-9 a month. The Weber County mayors, commissioners, and chambers of commerce in all three Counties teamed up into the Northern Utah Transportation Alliance to run a campaign for the sales tax increase.

Question: Where were all these people while our property taxes are being increased five (5) to fifty-seven (57) times the inflation rate of 2.67%? Yet they have the unmitigated gall to push for even more taxes from us. And a tax which has no end date? Think of it…a forever tax!

I am getting wake up phone calls asking so what is next? What can we do D-Bell? To find out what we can do, click here...

Thoughts/notes from Wingmen meeting yesterday at the Capital

2007-10-18T11:38:00.000-07:00

We screened the long list of potential legislation. Most was as expected; "Band Aids for symptoms" and special interest group BS. Nothing presented offered any relief at all for the immediate future this year as was tasked by Senate President John L. Valentine, from the 19 Sept. meeting. I was both amazed and grossed out by that. The previous bluster and outrage had apparently been forgotten. And those with presentations just tried to alibi or justify their status quo processes and procedures - policies and practices. Some just plodded along offering what they were thinking for the next legislative session without any correction to our present situations. Co Chairman John Dougall did what he could to keep presenters focused on the current issue, but they failed miserably to offer any immediate property tax relief or solutions.

We (our coalition) decided to make a list of legislation we considered Dead on Arrival (DOA).

And I must say of all legislators/presenters only three stood out for offering reasonable "systemic" corrections to the taxation scheme "disease" yet none offered immediate solutions or fixes to "sticker shock or price tags".

Our Representative Gage Froerer was one: Click here to read Gage's proposals.....

Any questions? What happens when we "trust and do not verify."

2007-10-15T18:51:00.000-07:00

Wonder how Weber County stacks up against the other 28 counties? Check it out.

Ever wonder why this County has so few services compared to virtually every other County in Utah? It is not for want of "love nor MONEY" that is for certain.

What are they doing with all our tax money? Where is it going? Click here to see where it is going......

Machman lays it all out for Senator Niederhauser

2007-10-14T11:55:00.000-07:00

"Have you laid out your proposal on paper? Was it in the papers you already gave us? If not, it would be very helpful to have." Senator Niederhauser

"Senator Wayne",

Yes I have. Al beit, what must be considered an overview, given only a couple of minutes with which to speak (re 19 Sept). Co Chair Rep. John Dougall asked for and was given a copy of my overview speech.

These comments are directed not at you personally Senator, as I honor your openness and willingness to listen. They are intended for all legislators. And describe some thoughts and/or positions to consider. Again, I am available to sit and discuss them and more with anyone "so long as I am not trying to teach a pig to sing..." I encourage everyone to comment where they disagree or have better ideas. I will post this on the state wide blog with that in mind. "Democratic principles" demand it of us all.

Click Here for the details:

Tax System is "TOTALLY AND COMPLETELY broken" - by Wingman Richard Sorensen

2007-10-11T21:10:00.000-07:00

UPDATE: The Wingmen will be hosting a media day Saturday, October 13th at the Huntsville Park.

A letter to the Ogden Valley news from Richard Sorensen - Huntsville

During the August 15 tax revolt meeting (a.k.a. “Ogden Valley Tea Party”) at Snowcrest, we witnessed an angry and incensed crowd. A crowd that was willing to do whatever it took to get their taxes fixed. Two short months have passed and it appears that apathy may be setting in.

Hopefully we bombarded the assessor’s office with appeals, as that seems to be the only short term, albeit temporary, fix. What started as a Huntsville issue, quickly spread through the Valley and has grown wings statewide. The counties claim they are following state law, and the lawmakers say that if counties don’t resolve the problem, then they will take care of it. An endless circle that will not break if we don’t take action - or force action.

Having recently sat through two special meetings of the legislature on the subject, a recurring theme has been mentioned while seeking solutions: “The system is not broken.”

To the contrary, The system is TOTALLY and COMPLETELY broken! Click here for more...

New "Wingman" from Bountiful proposes Property Tax Reform Plan Sketch

2007-10-09T12:57:00.000-07:00

Mr. Bert Hulet from Bountiful had only one minute to speak but he made wise use of his minute by stating the following:

Presentation Oct 8, 2007, to Utah Association of Counties

I have been working with tax data on individual residences in Bountiful and 6 other counties. Some of it has been researched back over 30 years. I have discovered interesting facts;
(1) If you plot the increasing value of the residence by using the government cost of living adjustment (COLA) each year you will achieve a value that closely equals the actual current value of the residence.
(2) The calculated value tracks an average of the widely varying assessed value.
(3) The tax required tracks the COLA (no surprise).
(4) The required tax does not seem to be related to the assessed value.
(5) In no case did the initial cost of the residence appear to be used for the initial determination of the fair market value.

The current law seems to make it difficult for the assessors to do their work.

It is proposed that the fair market value be arrived at by using the initial cost adjusted by the COLA.

It is also suggested that the entities that spend the tax be brought to the table and be placed on DIET COLA. Click here to read the rest of the post

Stealth Legislator, Commissioner, Assessor, Auditor Meeting Report, 8 Oct. '07

2007-10-08T19:14:00.000-07:00

Greetings Val....E. Friends and Neighbors,

Just returned from 8 Oct. meeting at Davis County Conference Center...very posh with drinks and breakfast finger foods supplied.

Same basic format as the 19 Sept meeting, except it was so well hidden from public view few if any heard about it. I tried for several days searching the Davis County Commission, Davis County Clipper, and State Calenders to confirm an earlier report of the meeting. But about 20 of us did in fact sleuth it out from much earlier reports and attended.

By the time all the commissioners, assessors, auditors, and legislators got through rehashing the same old information and commiserating over their property tax and political dilemmas, there was only about fifteen minutes left for public commentary.

Mr. Bert Hulet (a senior), from Bountiful rose and spoke for our cause stating interesting statistics he had gleaned from data available on-line. Bert wants what I want with a reassessment rate fixed at the Cost of Living Index.

Ron Mortensen also rose and spoke eloquently for our cause. (Paraphrasing Ron)..."Our current property tax system is like examining the entrails of a sheep. Where scientifically possible it is unlikely to yield accurate results."

Another gentlemen senior rose and asked if there were any among the illustrious group present who were willing to purchase his assessed "$900,000" property for the $200,000 he had been asking for it for the past year or so? None offered and the Davis Co. Assessor asked if it was under appeal and seemed to offer assistance.

Admittedly irrelevant...Ivie (Davis County Assessor) as it turns out, also flew F-4Js and Bs as a Marine Corps RIO (Radar Intercept Operator or backseater) in VMFA 333. I was an exchange USAF pilot to the USMC who flew with the same unit (MAW II LANT) in a different Squadron, VMFA 312, also out of Beaufort MCAS, South Carolina at about the same time. We enjoyed each others company for a time after wards.

I rose with less than a minute to speak. I said extemporaneously:

"I need you all to clear your minds for a second. I need you to open them (your minds) to something new. (Pause for 5 secs) Got it? Now I want you the get this.... Click here to read the rest of Machman's comments to the Legislators, Commissioners and Assessors...

“Trust But Verify”

2007-10-04T10:15:00.000-07:00

President Ronald Reagan, asked if he trusted his main communist adversary, Soviet leader Mikhail Sergeyevich Gorbachev, said: “Trust, but verify.”

Greetings "Wing men (and ladies of course),

Raleigh was the only "grownup" who ever questioned my integrity back in the day. Working for college expenses I drove a Gulf Oil delivery truck in the summer of '63. After delivering 500 gallons "Good Gulf" to his business (Blankenship Ready Mix Concrete) I entered his office with the bill. He mumbled something and walked past taking a 10' long inched stick from the corner. He measured the underground tank and checked his inches to gallons sheet as I watched. Insulted anyone, let along our corner neighbor, would do something like this and still only 17, I asked bravely, "Sir, why did you check me?"

His answer was profound and has hardened like cement all these years, "Customary among friends, necessary among thieves and politicians." It was his own way of saying "Trust but verify."

On 19 Sept., after speaking to about twenty legislators from both the House and Senate, I approached Co Chair John Dougall, Rep. and gave him his requested copy of our speech. I also presented him with our petitions from both the Ogden Valley and Huntsville Town. I explained the significance the numbers of signatures were in relation to the actual permanent residents and asked that all read the specific comments. He agreed, so I added I would appreciate him looking into whether my specific request that the Tax Commission audit Weber County Commissioners and Assessor which had been made to Representative Froerer a month previously had been in fact done. He said he would check, "To make certain the word got through" and agreed an audit was in order.

Following up with Representative Froerer:

----- Original Message -----
From: D-Bell
To: Gage Froerer
Sent: Sunday, September 30, 2007 7:21 PM
Representative "Gage" Froerer,

Did the Utah State Tax Commission ever audit the Weber County Assessor's? The Commissioners? I asked that you call them back on August 11 or so as I recall. Did anyone actually read the Utah State Laws on Truth in Taxation? Specifically:

From "Utah Property Tax" off the Internet....posted several places:

"Because "Truth in Taxation" is revenue-based, a hearing may still be required if an entity's tax rate remains unchanged or even declines. For example, if property values increase 10 percent as the result of reappraisal, but a taxing entity does not lower its rate proportionately, it must advertise and hold a "Truth in Taxation" hearing. The (TNT) hearing is required because the increase in value is not considered new growth.
Many taxing entities (and I believe Weber County is one of them) continue to be confused by this concept and attempt to compare the previous year's tax rate with the current year's proposed rate to determine if a tax increase will occur. Under a revenue-driven system, changes in rates are irrelevant."

Weber County had apparently a 100 million dollar budget in 2006, and now has a 126 million dollar budget for 2007.
Isn't that a 26% increase?
Didn't Davis County have to hold TNT public hearings in Farmington because they increased their budget?
Why is Weber County always the highest taxed County in Utah (see attachment one)? Why can Weber County seemingly just disregard the intent if not the letter of the law?

What does the State Tax Commission have to say about this?
Where are the results of the audit?
Can you get them and send me a copy?

Concerned constituent,

D-Bell

Representative Froerer response:

Mon, 1 Oct 2007 12:26:48 -0600

Dear D.

Thanks for your email. I thought that I had sent you the data from the State Tax Commission but I will send you the data they have supplied to me. I have asked for more detailed information regarding WC from the State Tax commission and as of last week they were working on the information that I have requested.

Regarding WC being the highest tax county in the State. I have also asked that question of the State Tax Commission and am anxious to hear what they have to say as they compare our county with other counties in the State.

Thanks again,

Gage
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President Reagan. once said the Soviet President Gorbechov at Reykjavík (Iceland): "Trust but verify".

I recently met a man who has a son who is an auditor with the Utah State Tax Commission. He agreed to check with his son to see "if the word had ever gotten through".

"When there are people who will suffer and perhaps actually go hungry or even die in a cold dark place, due to over zealous taxation policy or law, it is time we demand changes." It is again time to "trust but verify" and a time to act.

Minor Machman
"Wing men for Property Tax Reform

Plea for involvement. Article explains a lot about how we are governed.

2007-09-30T15:24:00.000-07:00

UPDATE 10/1/2007 From this morning's Deseret News, Two Pilots Plot a Revolt Over Property Taxes

Greetings Friends and Neighbors,

It is with some sadness I must report the following:

"Today, believes author Charles S. Peterson, Utahans have proved to be followers rather than leaders on most public issues, seeking the sure precedent and the safe path ---a legacy of the Saints' old quest for security and respect in a hostile world." Utah, A History. by Charles S. Peterson.

If after reading this you don't feel just a little sick to your stomach, you need to reexamine your role as a citizen for the sake of all our family's futures. It seems we are being truly ruled by "special interest group money". We want campaign finance reform. We want ethics reform. We want comprehensive property tax reform. Some of us want parents to be in charge of their kids education. But it seems the legislature and/or special interest groups do not want us to have any of it.

So what do we do about it? Apathetically stand by while these commissioners and legislators and their special interest groups run our State for us? Who is in charge? Anybody care? Or is Professor Peterson correct with his belief?

I did like the bottom line of the Deseret Morning News column though. It offers some hope: "When citizens get involved in a campaign or an issue, they are always more powerful than a special interest." He added, "But that is true only if they are engaged. If not then special interests are always there to fill in the power vacuum."

Let's get engaged. Town or Valley, put a "For Sale ---Can't Afford the Taxes" sign out front. If you live in Huntsville Town (or not), call Mayor Jim McKay (801-745-3027) and tell him you would like him to actively support any and all efforts to pressure the local government officials to lower our property assessments for a change. Call Councilman Stevenson 745-2345, Gault 745-2601, and Truett 745-1280 and tell them you would like them to support all efforts to defend Huntsville Town and Ogden Valley's citizens against out of control Weber County Commissioners and the Assessor. Ask them to pass a resolution of support for Councilman Sorensen and D-Bell.

Ask Jim McKay to lead, as the Mayor of Huntsville, and reject the latest incremental 1/4% increase in sales tax, and any other tax without an end date. Tell him you want him to give a speech to the WCOG members objecting formally to a Weber County 26% increase in budget in defiance of State "Truth in Taxation" law by not holding public hearings. Tell him, if you are a resident of Huntsville Town, that you object to being doubly taxed for services you already are paying for and you want it stopped and now.

Valley residents, I just do not know what to suggest other than write letters (or make calls) to our legislators and to the Valley News, Standard Examiner, Salt Lake Tribune, and Deseret Morning News telling them how you feel about what has been allowed to happen by apparently the State Tax Commission, which has "oversight" over the Weber County Commissioners and the Assessor.

Tell them you want comprehensive tax reform and not poorly thought out Band Aids. Promise they will not be re elected if they do not begin to represent the people who put them in office instead of these special interest groups. Just do it! Do something to object to paternalistic cronyism and sickening ethically challenged representation.

Or maybe not...maybe just sit back and take it, like the last several years, hoping someone else will somehow get it done without you "sticking your neck out". But "behold the turtle who proceeds not lest his neck be stuck out." He is generally found squished on the highway, flat as a pancake, with his head still inside the shell.

Councilman and Wing man Sorensen and I can raise cane all day long but unless you get involved and "engaged" we can do very little for you. Support this effort by calling the Town Council members...all of them. Then actually do something. Act. Write letters, make phone calls. Did you know we don't even have so much as a resolution of support from the Huntsville Town Council? Where is the leadership? Where is the involvement or engagement in the welfare of virtually every citizen of Huntsille Town and Ogden Valley?

Or, wait until you are taxed out of this Valley and away from your rightful heritage and birthright. It is your choice not mine. Get involved...be engaged, I ask you.... please. I want you all as friends and neighbors forever.

Minor Machman

LEARNING CURVE: Percentage of Utah legislators receiving perfect scores from the Utah Association of Realtors
1999: 6%
2000: 8%
2001: 24%
2002: 31%
2003: 56%
2004: 53%
2005: 60%
Source: Utah Association of Realtors

Beholden to special interests?
Utah campaign funding 'unhealthy'
Deseret Morning News
By Lee Davidson and Bob Bernick Jr.
Deseret Morning News
Published: December 3, 2006

For every $100 in donations raised by incoming Utah legislators in their latest races, $95.70 of it came from special interests or members' own pockets.

In fact, 30 of the 104 legislators who will take office next month raised every cent of their campaign money from special interests or their own pockets. That's a 50 percent increase over the 19 lawmakers who were "100 percenters" two years ago, according to a computer-aided study by the Deseret Morning News. And most of that increase comes in donations from political action committees, businesses and individuals outside of lawmakers' districts.

As special-interest cash increases, political experts say it raises concerns about whether lawmakers are more beholden to the voters who elect them or the special interests that pay for campaigns.

Utah's campaign finance system "is not healthy," .....click here to read the rest of this compelling article