About Bill -- Links
SENATE BILL NO. 515
INTRODUCED BY B. KEENAN
A BILL FOR AN ACT ENTITLED: "AN ACT IMPOSING A ROLLBACK PROPERTY TAX ON CERTAIN FOREST LAND THAT HAS BEEN CONVERTED TO ANOTHER USE; SUBMITTING THE ROLLBACK PROPERTY TAX TO THE ELECTORATE; PROVIDING A CONTINGENT VOIDNESS PROVISION; AND PROVIDING AN EFFECTIVE DATE AND AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
NEW SECTION. Section 1. Rollback tax -- computation -- distribution. (1)(a) If forest land described in [section 1(4) of LC 865] is changed to a residential, commercial, or industrial use, the property is subject to a rollback tax, including penalty and interest, in addition to the property tax levied on the property. The rollback tax is a lien on the property and is due and payable by the owner of the property at the time of the change in use.
(b) As used in this section, "rollback" means the period preceding the change in use, not to exceed 7 years, during which the property was appraised as forest land. The rollback period may not apply to tax years ending on or before December 31, 1999.
(2) The department shall determine the amount of rollback tax due on the property by:
(a) determining the taxable value of the property as residential, commercial, or industrial property;
(b) multiplying this value by the sum of the annual mill levies applied in the taxing jurisdiction in which the land is located during the rollback period; and
(c) subtracting from this figure the actual property tax paid on the property during this period.
(3) The amount of interest charged on the rollback tax is equal to the interest charged on delinquent property taxes in effect under 15-16-102 during the rollback period from the dates on which the additional tax could have been paid without penalty if the land had been assessed at a value without regard to this chapter.
(4) Penalty as provided in 15-16-102 must be added to the amount of the rollback tax at the rate in effect during the rollback period.
(5) Any additional tax that is not paid by its due date is delinquent. Penalty and interest must be added to the additional tax as provided in 15-16-102.
(6) The rollback tax, penalty, and interest are a lien on the property that attaches at the time that the forest land is removed from classification under this chapter. Delinquent rollback taxes are subject to the provisions of Title 15, chapters 17 and 18.
(7) The additional tax, penalties, and interest are payable within 30 days after the taxpayer has received written notice of the additional tax, penalty, and interest. The county treasurer shall distribute the additional tax, penalty, and interest in the same manner as real property taxes are distributed, except that a distribution may not be made for levies imposed under 20-9-331, 20-9-333, 20-9-360, 20-25-423, 20-25-439, and 53-2-813.
NEW SECTION. Section 2. Submission to electorate. This act shall be submitted to the qualified electors of Montana at the tax election to be held in 1999 by printing on the ballot the full title of this act and the following:
SHALL A NEW ROLLBACK PROPERTY TAX ON CERTAIN FOREST LAND, DESCRIBED AS FOLLOWS, BE IMPOSED?
 FOR imposing a rollback property tax on certain forest land that has been converted to another use.
 AGAINST imposing a rollback property tax on certain forest land that has been converted to another use.
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. Coordination instruction. If LC 865 is not passed and approved, then this act is void.
NEW SECTION. Section 5. Effective date. If approved by the electorate, this act is effective January 1, 2000.
NEW SECTION. Section 6. Applicability. This act applies to tax years beginning after December 31, 1999.
- END -
Latest Version of SB 515 (SB0515.01)
Processed for the Web on February 20, 1999 (8:17PM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of the bill for the bill's primary sponsor.
Status of this Bill | 1999 Session | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills in WP 5.1
Prepared by Montana Legislative Services