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October, 2000

Support for Initiative 722 Clarification

Bellevue, WA - October 30, 2000 In the ASIX press release of October 16, 2000, ASIX, Inc. announced its Ascend™ property tax management software will be able to support proposed changes in assessed value, levy, and tax calculations envisioned by Initiative 722, without costly software redevelopment efforts.

Although our analysis of the initiative’s provisions supports this contention, it has been brought to our attention by one of our existing clients that our I-722 press release may set false expectations by indicating that Ascend™ will radically simplify accommodation of the initiative’s requirements, particularly in the area of refunds for tax increases passed in the latter half of 1999. We appreciate this feedback and do not wish to minimize the impact of the initiative on counties’ operations.

As it stands, I-722 leaves numerous questions, constitutional and otherwise, unanswered. One of the greatest areas of uncertainty is the requirement to “refund” tax increases passed in the last half of 1999. The recent Washington Supreme Court decision holding I-695 unconstitutional has raised additional questions and may, in fact, suggest that the portion of I-722 that mandates tax refunds for legally imposed increases in taxes and fees may not be constitutional even if the initiative passes.

Furthermore, since no one knows what tax “increases” might be impacted by the refund provision, it is impossible to determine whether Ascend™ could fully support calculation of such refunds. While the refund features of Ascend™ and the Ascend™ refund check module would enable counties to process transactions that stem from increases in property taxes and special assessments in 1999, there is no guarantee that the initiative’s requirements would be limited to those “tax increases” alone. Finally, it is unclear whether counties would be required to refund revenue for all properties even if the amount is less than some minimum amount. All of these questions await clarification if the initiative passes.

Should the initiative pass and survive the inevitable court challenges, ASIX is prepared to assist our customers in its implementation. We are well aware, however, that providing the capabilities to support calculation and processing in Ascend™ is only one aspect of meeting the initiative’s requirements. Our comments should in no way be taken to minimize the substantial challenges and expenses counties would face in implementing I-722.