2011 Montana Legislature

SENATE JOINT RESOLUTION NO. 17

INTRODUCED BY B. TUTVEDT

A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA REQUESTING AN INTERIM STUDY TO ANALYZE THE SYSTEM OF VALUING CENTRALLY ASSESSED PROPERTIES AND INDUSTRIAL COMPANIES ASSESSED ANNUALLY BY THE DEPARTMENT OF REVENUE; AND REQUIRING THAT THE FINAL RESULTS OF THE STUDY BE REPORTED TO THE 63RD LEGISLATURE.

WHEREAS, the Legislature has heard concerns about centrally assessed property and large industrial facility taxation; and

WHEREAS, predictability and stability of property valuation will improve the business investment climate for Montana businesses.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:

That the Legislative Council be requested to designate an appropriate interim committee or statutory committee, pursuant to section 5-5-217, MCA, to:

(1) review the statutory authority identifying the type of properties that should be assessed by the central office of the department of revenue and not by local county employees of the department. The following must be reviewed:

(a) the history and changes in the industry for properties that are currently designated as being centrally assessed; and

(b) the statutory authority regarding assessment of large industrial properties, properties that may involve characteristics or complexity that require specialized assessment but are not classic unitary businesses, and other types of property that different taxing jurisdictions have considered appropriate for being assessed centrally and locally;

(2) analyze whether there should be a relationship between a property's tax classification and the method used for assessment of that property;

(3) analyze whether property owned by a particular type of business should be centrally or locally assessed;

(4) analyze whether assessment directly by the state or local assessment should be based on separate types of property being assessed;

(5) analyze whether methods used in determining market value should differ based upon whether the assessment is determined centrally or locally;

(6) analyze how exempt intangible personal property can and should be removed from a centrally assessed unitary valuation;

(7) review the appropriateness of the percentages to deduct intangible personal property from the cost, income, and market indicators of value specified in the Administrative Rules of Montana; and

(8) any other matter relating to central assessment, including equalization with other classes of property, that the committee considers appropriate.

BE IT FURTHER RESOLVED, that all aspects of the study, including presentation, review requirements, and recommendations, be concluded before September 15, 2012.

BE IT FURTHER RESOLVED, that the final results of the study, including any findings, conclusions, comments, or recommendations of the committee, be reported to the 63rd Legislature.

- END -

Latest Version of SJ 17 (SJ0017.ENR)
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