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

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!

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

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

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.

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.

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.

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.