Administrative Rule Review Report  #AR09-065

Legislative Service Office

10-Nov-09

AGENCY: Department of Revenue.

DATE SUBMITTED: October 27, 2009.

SUBJECT: Chapter 9, Property Tax Valuation Methodology and Assessment (County Assessments).

NATURE OF RULES:                        Legislative, procedural

STATUTORY AUTHORITY:            W.S. 39-11-102(b).

DETERMINATION OF PROCEDURAL COMPLIANCE BASED UPON INFORMATION SUBMITTED BY THE AGENCY TO LSO:  Notice of the proposed adoption of new rules was provided by the LSO as required by W.S. 28‑9‑103(d).  No comments have been received to date.  Otherwise, procedural compliance is apparently complete to date.

SUMMARY OF RULES:  The rules being amended provide for the valuation of property for property tax.  The rules are amended throughout to change the term “ad valorem” to “property tax”.  The rules are amended in section 4 to add new definitions and to adopt certain definitions by reference.  The rules are amended in section 5 to revise the appraisal methods which may be used by a county assessor and to specify that the sales comparison approach is the preferred method of valuation for land valuation.

Section 6 of the chapter is a new section which provides standards for county assessors in property valuation.  Section 7 establishes the computer assisted mass appraisal system which is approved for valuation of taxable property.  Section 8 is amended to require the department of revenue to provide certain information and training to assessors.  Section 11 in the amended rules establishes the requirements of the written explanation to the taxpayer.

Section 12 of the rules establishes the requirements for ownership maps completed by the county.  Section 13 of the rules establishes the requirements for the valuation of personal property.  Section 15 was previously section 5 of the rules and was moved to the end of the chapter for clarity.  The rules are also amended throughout to make technical corrections.

FINDINGS:  The rules appear to be within the scope of statutory authority and legislative intent.

STAFF RECOMMENDATION:  That the rules be placed on the Consent List and be approved by the Council as submitted by the Agency.

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Joshua Anderson

Staff Attorney

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Lynda Cook

Staff Attorney

JDA/