SENATE BILL NO. 312

INTRODUCED BY M. HALLIGAN

BY REQUEST OF THE JOINT SELECT COMMITTEE ON CI-75

A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE TIME FOR THE CERTIFICATION OF TAXABLE VALUES AND MILLAGE RATES; REQUIRING THE CERTIFICATION TO BE BASED ON THE DEPARTMENT OF REVENUE'S BEST ESTIMATE OF THE VALUE; AMENDING SECTIONS 15-10-202 AND 20-9-122, MCA; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 15-10-202, MCA, is amended to read:

"15-10-202. Certification of taxable values and millage rates. By the first Monday in May, the department shall certify to each taxing authority the department's best estimate of the taxable value within the jurisdiction of the taxing authority. The department shall also send to each taxing authority a written statement of its best estimate of the total assessed value of all new construction and improvements not included on the previous property tax record and the value of deletions from the previous property tax record. Exclusive of new construction, improvements, and deletions, the department shall certify to each taxing authority a millage rate that will provide the same ad valorem revenue for each taxing authority as was levied during the prior year. For the purpose of calculating the certified millage, the department shall use 95% of the taxable value appearing on the property tax record, exclusive of properties appearing for the first time in the property tax record."

Section 2. Section 20-9-122, MCA, is amended to read:

"20-9-122. Statement of district, city, and town valuations. (1) By the first Monday of May, the department of revenue shall deliver to the county superintendent and to each city or town clerk a statement showing separately for each district and each city or town in the county the department's best estimate of the total assessed value and the total taxable value of all property in the districts, cities, or towns, as these valuations appear in the property tax record.

(2) In the case of a joint school district, the department of revenue shall, at the time of delivering the statement to the county superintendent, send a statement of the assessed value and taxable value of the portion of the joint school district situated in the appropriate county to the county superintendents and to the county commissioners of each county in which a part of the joint school district is situated."

NEW SECTION. Section 3. Contingent voidness. If Constitutional Initiative No. 75, enacting Article VIII, section 17, of the Montana constitution, is declared invalid, then this act is void.

NEW SECTION. Section 4. Effective date. [This act] is effective on passage and approval.

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