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Montana nixes local sales tax option

HELENA, Mont.--The last hope of getting a local-option sales tax out of the 2007 Legislature died on the floor of the Montana Senate Friday night.

A bill by Sen. Kim Gillan, D-Billings, that would have allowed the residents of any incorporated city in Montana to vote on a so-called resort tax was defeated on a vote of 31-17.

Gillan's bill died largely because of opposition from Republicans in the chamber. Only three of the Senate's 24 Republicans supported the bill, while 14 of its 26 Democrats voted yes.

A broader local-option tax bill by Sen. Sam Kitzenberg, D-Glasgow, that would have allowed cities and counties to seek a public vote on a local-option tax, died last week by an even larger margin, 38-12.

The only other local-option tax bill this session, by Rep. Dave McAlpin, D-Missoula, was tabled earlier Friday by the House Taxation Committee on a 10-8 party-line vote.

A law passed in 1985 gave resort tax authority to towns with populations of less than 5,500 that relied on tourism as their primary industry. No resort tax can be imposed without a vote of the people and no resort tax can exceed 3 percent.

Gillan's Senate Bill 320 would have extended that authority to cities of any size, regardless of how heavily they relied on tourism revenue.

SB320 grew out of a series of community discussions led by Larry Swanson of the O'Connor Center for the Rocky Mountain West in Missoula. The gist of his presentations to community leaders was that much of the state's recent economic growth is tied to the dynamism of the seven largest urban centers in Montana.

For the past several years, Swanson has been telling anyone who would listen that those cities need to invest in themselves if the economy is to remain strong. The best tool for that, he has said, is some form of local-option tax, one approved by local voters and administered by local officials.

Gillan's bill was developed jointly by the city of Billings, Yellowstone County, the Billings Area Chamber of Commerce, Montana State University-Billings, the Big Sky Economic Development Authority and both Billings hospitals.

In presenting her bill to the Senate Friday night, Gillan said the Montana economy is booming but the major cities are not sharing in that prosperity. Because they rely so heavily on property taxes, she said, they are falling behind in dealing with rapid growth.

Her bill was not the perfect solution, she said, but "local government really can't wait much longer."

Sen. Bob Hawks, D-Bozeman, urged his colleagues "to allow cities enough flexibility to solve their own problems."

Another Billings Democrat, Sen. Lynda Moss, said a 2 percent resort tax on "luxury" goods and services, targeted at tourists, would bring in $8 million a year for the city of Billings.

But opponents of the bill quickly summarized the familiar arguments that have been used to sink all previous attempts at authorizing local-option taxes.

Sen. Dan McGee, R-Laurel, said he would gladly vote for a statewide 4 percent sales tax that reduced or replaced local property taxes or the state income tax.

"Unfortunately, what this amounts to is a hodgepodge of 3 percent resort taxes all across the state," he said.

Several senators questioned who would really be paying the tax. Sen. Joe Balyeat, R-Bozeman, said the existing resort tax works so well because it is restricted to small communities that are truly resort towns. If it were available to cities of all size, he said, "the residents (would) end up paying all the tax, or at least a major portion of it."

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