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Backers, Opponents of CI-105 Speak Out on Ballot Initiative

By Tim Lankford

Story Created: Nov 1, 2010 at 4:24 PM MDT

Story Updated: Nov 1, 2010 at 5:26 PM MDT

We've all seen the advertisements, proponents of CI-105 say it prevents double taxation of property, but opponents of amending the Constitution say that's the wrong place to decide the state's tax policy. During every legislative session of the last ten years a real estate transfer tax has been proposed at the capitol and every year its been defeated. This year, backers of Consitutional Initiative 105 say its time to kill the possibility of such a tax being passed in the future, "every legislature, there's a different organization - some of them are very honorable," says Jim Dae, President of the Great Falls Association of Realtors, "that are trying to get a real estate transfer tax initiated. Our position is that it's unfair to tax property owners twice."

Opponents of the plan, though, believe it limits the ability of the legislature to do its business and are urging its defeat, "This initiative really should be defeated so we can always have the opportunity to decide what our taxes look like in the legislative process using elected legislators with a public hearing process," says Coalition to Save Our Constitution Treasurer Sheila Rice.

The ballot language itself can be a bit confusing, a vote for the initiative, actually prohibits the legislature from ever passing such a tax. If you vote against it, however, you leave it into the hands of the legislature, "we fight this battle every year - every two years in the legislature. We wanted to put up one big fight and end it once and for all," says Dae. Rice counters that, "We can debate the transfer tax in the legislature many times and that's where it ought to be debated. A constitutional amendment takes that opportunity away from us."

As to claims by Rice's organization that an out-of-state group - the National Association of Realtors based in Chicago - are trying to buy the state constitution, Dae maintains that he and other Montana realtors pay dues to that trade group, money which is coming back to fund this initiative, "The National Association of Realtors has come to the aid of the Montana Association of Realtors at our request to...put a stop to this tax once and for all."

It's worth noting that in 2008, Arizona residents voted to prohibit this type of tax by a 3-to-1 margin. Voters in Missouri decide on passing a similar initiative tomorrow as well.

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