So, where is the new property tax relief bill?

As the 2025 legislative session moved toward adjournment, two bills, HB 231 and SB 542, were passed to provide property tax relief to about 90% of Montanans for their primary residence. 

Since then, a group of Republican legislators, many of them members of the Freedom Caucus, have been complaining about the tax relief package in newspaper editorials and on social media.  Americans for Prosperity, a dark money group from Virginia, who is attacking Republican legislators who supported the tax reform legislation said the legislation is bad because it “benefit[s] Montana residents as opposed to non-residents who may own property” in Montana.

The whining has been going on for nine months. Nearly two months ago, Senator Kassmier from Chouteau County challenged the Freedom Caucus and Montana Senate leadership to produce a new tax relief bill and call for a special session since they thought the bill was so bad.  No such bill was produced.  Instead, “Tax-Lien” Tommy Millet from Lincoln County wrote an editorial rejecting the suggestion to come with a property tax solution and instead engage in debate with the Freedom Caucus at the Republican Winter Kick-Off in February.

“Tax-Lien” Tommy Millett earned his name because he refused to pay his Federal Income Tax and tried to stiff the IRS to the tune of over $400,000. So, the IRS filed liens against him.

Here it is, a few days before the Winter Kick-Off and still no bill.  But, we have learned there is a plan to address property taxes.  That plan is to repeal the property tax bills and raise taxes on 375,000 Montanans.

Several days ago, Greg Hertz and Keith Regier filed suit asking the court to nullify SB 542 claiming that the rules of the legislative process were violated.  The Freedom Caucus has excitedly posted about this lawsuit on social media.  It’s the ultimate act of hypocrisy. 

First, Hertz, Regier, and the Freedom Caucus have made it clear they want to raise your taxes by throwing out the new lower rates and going back to the old high rate of 1.35%.  But, they want the Court to do the dirty work for them.

Second, the Freedom Caucus despises the Montana Supreme Court and during the 2025 session drafted 23 bills to “fix” the things they hated. Only two of the bills actually passed, the largest defeat seen in Montana since George Armstrong Custer toured the Little Big Horn in 1876.

Now, the very group that has disparaged the Court for the past three years is asking for its help. What they need is a very liberal, activist interpretation of the law while ignoring the “Separation-of-Powers” doctrine in the Montana Constitution.

Third, the Freedom Caucus claims they are strict constitutionalists and despise judicial activism. Now, they need to flip those principles on their head to win their case. 

This lawsuit isn’t about clarifying or making good law. It’s being pushed by people who want to raise your taxes and grow government.  Montanans deserve better.

Rep. John Fitzpatrick is a Republican from Anaconda representing House District 76.