SENATE BILL NO. 516
INTRODUCED BY A. ELLIS
A BILL FOR AN ACT ENTITLED: "AN ACT GENERALLY REVISING PROPERTY TAXES; ASSESSING THE FIRST $200,000 OR LESS OF THE MARKET VALUE OF RESIDENTIAL PROPERTY AT 60 PERCENT OF ITS MARKET VALUE; REDUCING THE TAX RATE APPLIED TO CLASS THREE AND CLASS FOUR PROPERTY TO 3 PERCENT; REVISING THE PROPERTY REAPPRAISAL CYCLE; EXEMPTING BUSINESS EQUIPMENT FROM TAXATION; ELIMINATING CLASS FIVE, CLASS SIX, AND CLASS EIGHT PROPERTY CLASSIFICATION; REVISING THE TAX RATE APPLIED TO CLASS NINE PROPERTY UNDER CERTAIN CONDITIONS; REVISING BONDING AND DEBT LIMITS FOR LOCAL GOVERNMENTS AND SCHOOLS; AMENDING SECTIONS 7-3-1321, 7-6-2211, 7-6-2512, 7-6-4121, 7-7-107, 7-7-108, 7-7-2101, 7-7-2203, 7-7-4201, 7-7-4202, 7-13-237, 7-13-4103, 7-14-236, 7-14-2524, 7-14-2525, 7-14-4402, 7-16-2327, 7-16-4104, 7-31-106, 7-31-107, 7-34-2131, 15-1-101, 15-6-134, 15-6-137, 15-6-141, 15-6-145, 15-6-201, 15-6-207, 15-7-102, 15-7-111, 15-8-104, 15-8-111, 15-8-201, 15-8-202, 15-8-205, 15-8-301, 15-8-401, 15-8-701, 15-16-118, 15-16-202, 15-16-603, 15-16-611, 15-17-121, 15-17-911, 15-23-101, 15-23-103, 15-23-104, 15-23-105, 15-23-106, 15-23-201, 15-23-202, 15-23-301, 15-23-303, 15-23-501, 15-23-704, 15-24-205, 15-24-301, 15-24-601, 15-24-902, 15-24-903, 15-24-904, 15-24-905, 15-24-921, 15-24-922, 15-24-1101, 15-24-1203, 15-24-1401, 15-36-324, 17-7-502, 20-9-406, 20-9-407, 61-3-301, 61-3-507, 61-3-509, 61-3-520, 61-10-214, 67-3-204, 67-3-205, 77-1-208, 81-7-303, AND 81-7-603, MCA; REPEALING SECTIONS 15-1-111, 15-1-112, 15-6-122, 15-6-135, 15-6-136, 15-6-138, 15-6-152, 15-6-215, 15-8-204, 15-8-401, 15-8-403, 15-8-404, 15-8-405, 15-8-406, 15-8-407, 15-16-117, 15-16-119, 15-16-613, 15-23-211, 15-23-212, 15-23-213, 15-23-214, 15-23-215, 15-23-216, 15-23-401, 15-23-402, 15-23-403, 15-24-302, 15-24-303, 15-24-304, 15-24-305, 15-24-701, 15-24-801, 15-24-901, 15-24-920, 15-24-926, 15-24-927, 15-24-931, 15-24-2401, 15-24-2402, 15-24-2403, 15-24-2404, AND 15-24-2405, MCA; AND PROVIDING A DELAYED EFFECTIVE DATE AND APPLICABILITY DATES."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 7-3-1321, MCA, is amended to read:
"7-3-1321. Authorization to incur indebtedness -- limitation. (1) The consolidated municipality may borrow money or issue bonds for any municipal purpose to the extent and in the manner provided by the constitution and laws of Montana for the borrowing of money or issuing of bonds by counties and cities and towns.
(2) The municipality may not become indebted in any manner or for any purpose to an amount, including existing
indebtedness, in the aggregate exceeding 28% 29% of the taxable value of the taxable property therein in the municipality,
as ascertained by the last assessment for state and county taxes prior to incurring such the indebtedness. All warrants,
bonds, or obligations in excess of such the amount given by or on behalf of the municipality shall be are void."
Section 2. Section 7-6-2211, MCA, is amended to read:
"7-6-2211. Authorization to conduct county business on a cash basis. (1) If the total indebtedness of a county,
lawful when incurred, exceeds the debt limit of 23% established in 7-7-2101 by reason of great diminution of taxable value,
the county may conduct its business affairs on a cash basis and pay the reasonable and necessary current expenses of the
county out of the cash in the county treasury derived from its current revenue and under the restrictions and regulations that
may be imposed by the board of county commissioners of the county by a resolution duly adopted and included in the
minutes of the board.
(2) This section does not restrict the right of the board to make the necessary tax levies for interest and sinking fund purposes, and this section does not affect the right of any creditor of the county to pursue any remedy now given by law to obtain payment of a claim.
(3) Subsection (1) does not apply to a county that has adopted the alternative accounting method provided for in Title 7, chapter 6, part 6."
Section 3. Section 7-6-2512, MCA, is amended to read:
"7-6-2512. County tax levy for health care facilities. (1) The board of county commissioners may, annually at the
time of levying county taxes, fix and levy a tax, not to exceed 10 mills 19.25 mills on each dollar of taxable valuation of
property, upon all property within the county to erect, furnish, equip, expand, improve, maintain, and operate county-owned
or county-operated health care facilities created under 7-8-2102, 7-34-2201, and 7-34-2502. "Health care facilities", as used
in this section, has the meaning as defined in 7-34-2201. The combined total number of mills levied under this section and
for the county poor fund under 53-2-322 may not exceed 18 mills 19.25 mills. A higher levy may be made upon
compliance with 7-6-2531 through 7-6-2537 or 53-2-322. If a hospital district is created under Title 7, chapter 34, part 21,
the mill levy authorized by this section may not be imposed on property within that hospital district.
(2) If a county issues bonds under 7-34-2411 to finance or refinance the costs of a health care facility, the board of county commissioners may covenant to levy the tax authorized by this section during the term of the bonds, to the extent necessary, and to apply the collections of the tax to the costs of erecting, furnishing, equipping, expanding, improving, maintaining, and operating the health care facility or facilities of the county or the payment of principal of or interest on the bonds. The pledge of the taxes to the payment of the bonds may not cause the bonds to be considered indebtedness of the county for the purpose of any statutory limitation or restriction. The pledge may be made by the board only upon authorization of a majority of the electors of the county voting on the pledge at a general or special election as provided in 7-34-2414."
Section 4. Section 7-6-4121, MCA, is amended to read:
"7-6-4121. Authorization to conduct municipal business on a cash basis. (1) If the total indebtedness of a city or
town has reached 17% 18% of the total taxable value of the property of the city or town subject to taxation, as ascertained
by the last assessment for state and county taxes, the city or town may conduct its affairs and business on a cash basis as
provided by subsection (2).
(2) (a) Whenever a city or town is conducting its business affairs on a cash basis, the reasonable and necessary current expenses of the city or town may be paid out of the cash in the city or town treasury and derived from its current revenue, under any restrictions and regulations as the city or town governing body may by ordinance prescribe.
(b) In the event that payment is made in advance, the city or town may require a cash deposit as collateral security and indemnity, equal in amount to the payment, and may hold the deposit as a special deposit with the city treasurer or town clerk, in package form, as a pledge for the fulfillment and performance of the contract or obligation for which the advance is made.
(c) Before the payment of the current expenses described in subsection (2)(a), the city or town council shall first set apart sufficient money to pay the interest upon its legal, valid, and outstanding bonded indebtedness and any sinking funds provided for and is authorized to pay all valid claims against funds raised by tax especially authorized by law for the purpose of paying the claims.
(3) This section does not apply to a city or town that has adopted the alternative accounting method provided for in Title 7, chapter 6, part 6."
Section 5. Section 7-7-107, MCA, is amended to read:
"7-7-107. Limitation on amount of bonds for city-county consolidated units. (1) Except as provided in 7-7-108, no
a city-county consolidated local government may not issue bonds for any purpose which in an amount that, with all
outstanding indebtedness, may exceed 39% exceeds 40.25% of the taxable value of the property therein in the city-county
consolidated government that is subject to taxation, as ascertained by the last assessment for state and county taxes.
(2) The issuing issuance of bonds for the purpose of funding or refunding outstanding warrants or bonds is does not the
incurring of constitute a new or additional indebtedness but is merely the changing of changes the evidence of outstanding
indebtedness."
Section 6. Section 7-7-108, MCA, is amended to read:
"7-7-108. Authorization for additional indebtedness for water or sewer systems. (1) For the purpose of
constructing a sewer system or procuring a water supply or constructing or acquiring a water system for a city-county
consolidated government which shall own that owns and control such controls the water supply and water system and
devote devotes the revenues therefrom revenue from the system to the payment of the debt, a city-county consolidated
government may incur an additional indebtedness by borrowing money or issuing bonds.
(2) The additional indebtedness which that may be incurred by borrowing money or issuing bonds for the construction
of a sewer system or for the procurement of a water supply or for both such purposes may not in the aggregate exceed 10%
over and above the 39% bond limits referred to in 7-7-107 of the taxable value of the property therein in the city-county
consolidated government subject to taxation, as ascertained by the last assessment for state and county taxes."
Section 7. Section 7-7-2101, MCA, is amended to read:
"7-7-2101. Limitation on amount of county indebtedness. (1) A county may not become indebted in any manner or
for any purpose in an amount, including existing indebtedness, in the aggregate exceeding 23% 24.25% of the total of the
taxable value of the property in the county subject to taxation, plus the value provided by the department of revenue in
15-36-324(13), as ascertained by the last assessment for state and county taxes previous to the incurring of the
indebtedness, plus, for indebtedness to be incurred during fiscal year 1997, an additional 11% of the taxable value of class
eight property within the county for tax year 1995, for indebtedness to be incurred during fiscal year 1998, an additional
22% of the taxable value of class eight property within the county for tax year 1995, and for indebtedness to be incurred
during fiscal years 1999 through 2008, an additional 33% of the taxable value of class eight property within the county for
tax year 1995, in each case of class eight property, multiplied by 23%.
(2) A county may not incur indebtedness or liability for any single purpose to an amount exceeding $500,000 without the approval of a majority of the electors of the county voting at an election to be provided by law, except as provided in 7-7-2402, 7-21-3413, and 7-21-3414.
(3) This section does not apply to the acquisition of conservation easements as set forth in Title 76, chapter 6."
Section 8. Section 7-7-2203, MCA, is amended to read:
"7-7-2203. Limitation on amount of bonded indebtedness. (1) Except as provided in subsections (2) through (4), a
county may not issue general obligation bonds for any purpose that, with all outstanding bonds and warrants except
emergency bonds, will exceed 11.25% 12.5% of the total of the taxable value of the property in the county, plus the value
provided by the department of revenue under 15-36-324(13), to be subject to taxation, as ascertained by the last assessment
for state and county taxes prior to the proposed issuance of bonds, plus, for general obligation bonds to be issued during
fiscal year 1997, an additional 11% of the taxable value of class eight property within the county for tax year 1995, for
general obligation bonds to be issued during fiscal year 1998, an additional 22% of the taxable value of class eight property
within the county for tax year 1995, and for general obligation bonds to be issued during fiscal years 1999 through 2008, an
additional 33% of the taxable value of class eight property within the county for tax year 1995, in each case of class eight
property, multiplied by 11.25%.
(2) In addition to the bonds allowed by subsection (1), a county may issue bonds when necessary to do so that, with all
outstanding bonds and warrants, will not exceed 27.75% 29% of the total of the taxable value of the property in the county
subject to taxation, plus the value provided by the department of revenue under 15-36-324(13), when necessary to do so, to
be, as ascertained by the last assessment for state and county taxes, plus, for bonds to be issued during fiscal year 1997, an
additional 11% of the taxable value of class eight property within the county for tax year 1995, and for bonds to be issued
during fiscal year 1998, an additional 22% of the taxable value of class eight property within the county for tax year 1995.
(3) In addition to the bonds allowed by subsections (1) and (2), a county may issue bonds for the construction or
improvement of a jail that will not exceed 12.5% 13.75% of the taxable value of the property in the county subject to
taxation, plus the adjustments permitted by 7-7-2101.
(4) The limitation in subsection (1) does not apply to refunding bonds issued for the purpose of paying or retiring
county bonds lawfully issued prior to January 1, 1932, or to bonds issued for the repayment of tax protests lost by the
county."
Section 9. Section 7-7-4201, MCA, is amended to read:
"7-7-4201. Limitation on amount of bonded indebtedness. (1) Except as otherwise provided, a city or town may not
issue bonds or incur other indebtedness for any purpose in an amount that with all outstanding and unpaid indebtedness will
exceed 28% 29% of the taxable value of the property in the city or town subject to taxation, to be as ascertained by the last
assessment for state and county taxes, plus, for bonds to be issued or other indebtedness to be incurred during fiscal year
1997, an additional 11% of the taxable value of class eight property within the city or town for tax year 1995, for bonds to
be issued or other indebtedness to be incurred during fiscal year 1998, an additional 22% of the taxable value of class eight
property within the city or town for tax year 1995, and for bonds to be issued or other indebtedness to be incurred during
fiscal years 1999 through 2008, an additional 33% of the taxable value of class eight property within the city or town for
tax year 1995, in each case of class eight property, multiplied by 28%.
(2) The issuing issuance of bonds for the purpose of funding or refunding outstanding warrants or bonds is does not the
incurring of a constitute new or additional indebtedness but is merely the changing of changes the evidence of outstanding
indebtedness.
(3) The limitation in subsection (1) does not apply to bonds issued for the repayment of tax protests lost by the city or town."
Section 10. Section 7-7-4202, MCA, is amended to read:
"7-7-4202. Special provisions relating to water and sewer systems. (1) Notwithstanding the provisions of 7-7-4201, for the purpose of constructing a sewer system, procuring a water supply, or constructing or acquiring a water system for a city or town that owns and controls the water supply and water system and devotes the revenue from the water supply and water system to the payment of the debt, a city or town may incur an additional indebtedness by borrowing money or issuing bonds.
(2) The additional total indebtedness that may be incurred by borrowing money or issuing bonds for the construction of
a sewer system, for the procurement of a water supply, or for both of the purposes, including all indebtedness that is
contracted and that is unpaid or outstanding, may not in the aggregate exceed 55% over and above the 28%, debt limitation,
referred to in 7-7-4201, of applicable to the taxable value of the property in the city or town subject to taxation to be, as
ascertained by the last assessment for state and county taxes, plus, for indebtedness to be incurred during fiscal year 1997,
an additional 11% of the taxable value of class eight property within the city or town for tax year 1995, for indebtedness to
be incurred during fiscal year 1998, an additional 22% of the taxable value of class eight property within the city or town
for tax year 1995, and for indebtedness to be incurred during fiscal years 1999 through 2008, an additional 33% of the
taxable value of class eight property within the city or town for tax year 1995, in each case of class eight property,
multiplied by 55%."
Section 11. Section 7-13-237, MCA, is amended to read:
"7-13-237. Solid waste management district bonds authorized. (1) With the approval of the board of county commissioners, a solid waste management district may borrow money by the issuance of its bonds to:
(a) provide funds for payment of part or all of the cost of acquisition of property, construction of improvements, and purchase of equipment;
(b) provide an adequate working capital; and
(c) pay costs related to the planning, designing, and financing of a solid waste management system.
(2) The amount of bonds issued for the purposes provided for in subsection (1) and outstanding at any time may not
exceed 22.5% 23.75% of the taxable value of the property in the district as ascertained by the last assessment for state and
county taxes prior to the issuance of the bonds.
(3) Each year at the time of levying county taxes, the board of county commissioners shall fix and levy a tax upon all property within the district sufficient to raise the amount necessary for the payment of bonded indebtedness.
(4) The bonds must be authorized, sold, and issued and provisions must be made for their payment in the manner and subject to the conditions and limitations prescribed for bonds of school districts in Title 20, chapter 9, part 4."
Section 12. Section 7-13-4103, MCA, is amended to read:
"7-13-4103. Limitation on indebtedness for acquisition of natural gas system. The total amount of indebtedness
authorized to be contracted in any form, including the then-existing indebtedness, must may not at any time exceed 17%
18% of the total taxable value of the property of the city or town subject to taxation, as ascertained by the last assessment
for state and county taxes."
Section 13. Section 7-14-236, MCA, is amended to read:
"7-14-236. Limitation on bonded indebtedness. The amount of bonds issued to provide funds for the district and
outstanding at any time shall may not exceed 28% 29% of the taxable value of taxable property therein in the district
subject to taxation, as ascertained by the last assessment for state and county taxes previous to the issuance of such the
bonds."
Section 14. Section 7-14-2524, MCA, is amended to read:
"7-14-2524. Limitation on amount of bonds issued -- excess void. (1) Except as otherwise provided in 7-7-2203,
7-7-2204, and this section, a county may not issue bonds that, with all outstanding bonds and warrants except emergency
bonds, will exceed 11.25% 12.5% of the total of the taxable value of the property in the county, plus the value provided by
the department of revenue under 15-36-324(13). The taxable property and the amount of taxes levied on new production,
production from horizontally completed wells, and incremental production must be ascertained by the last assessment for
state and county taxes prior to the issuance of the bonds.
(2) A county may issue bonds that, with all outstanding bonds and warrants, will exceed 11.25% 12.5% but will not
exceed 22.5% 23.75% of the total of the taxable value of the property, plus the value provided by the department of
revenue under 15-36-324(13) in the county subject to taxation when necessary for the purpose of replacing, rebuilding, or
repairing county buildings, bridges, or highways that have been destroyed or damaged by an act of God or by a disaster,
catastrophe, or accident.
(3) The value of the bonds issued and all other outstanding indebtedness of the county may not exceed 22.5% 23.75%
of the total of the taxable value of the property within the county, plus the value provided by the department of revenue
under 15-36-324(13), subject to taxation, as ascertained by the last preceding general assessment."
Section 15. Section 7-14-2525, MCA, is amended to read:
"7-14-2525. Refunding agreements and refunding bonds authorized. (1) Whenever the total indebtedness of a
county exceeds 22.5% 23.75% of the total of the taxable value of the property in within the county, plus the value provided
by the department of revenue under 15-36-324(13), subject to taxation and the board determines that the county is unable to
pay the indebtedness in full, the board may:
(a) negotiate with the bondholders for an agreement under which the bondholders agree to accept less than the full amount of the bonds and the accrued unpaid interest in satisfaction of the bonds;
(b) enter into the agreement;
(c) issue refunding bonds for the amount agreed upon.
(2) These bonds may be issued in more than one series, and each series may be either amortization or serial bonds.
(3) The plan agreed upon between the board and the bondholders must be embodied in full in the resolution providing for the issuance of the bonds."
Section 16. Section 7-14-4402, MCA, is amended to read:
"7-14-4402. Limit on indebtedness to provide bus service. The total amount of indebtedness authorized under
7-14-4401(1) to be contracted in any form, including the then-existing indebtedness, may not at any time exceed 28% 29%
of the total taxable value of the property of the city or town subject to taxation, as ascertained by the last assessment for
state and county taxes. No money Money may not be borrowed or and bonds may not be issued for the purposes specified
in 7-14-4401(1) until the proposition has been submitted to the vote of the taxpayers of the city or town and the a majority
vote is cast in its favor."
Section 17. Section 7-16-2327, MCA, is amended to read:
"7-16-2327. Indebtedness for park purposes. (1) Subject to the provisions of subsection (2), a county park board, in addition to powers and duties now given under law, may contract an indebtedness in behalf of a county, upon the credit of the county, in order to carry out its powers and duties.
(2) (a) The total amount of indebtedness authorized to be contracted in any form, including the then-existing
indebtedness, may not at any time exceed 13% 14.25% of the total of the taxable value of the taxable property in the
county, plus the value provided by the department of revenue under 15-36-324(13), subject to taxation, as ascertained by
the last assessment for state and county taxes previous to the incurring of the indebtedness.
(b) Money may not be borrowed on bonds issued for the purchase of lands and land or improving the land for any
purpose until the proposition has been submitted to the vote of those the electors qualified under the provisions of the state
constitution to vote at the election in the affected county and a majority vote is cast in favor of the bonds."
Section 18. Section 7-16-4104, MCA, is amended to read:
"7-16-4104. Authorization for municipal indebtedness for various cultural, social, and recreational purposes. (1)
A city or town council or commission may contract an indebtedness on behalf of the city or town, upon the credit of the city
or town, by borrowing money or issuing bonds:
(a) for the purpose of purchasing and improving lands for public parks and grounds;
(b) for procuring by purchase, construction, or otherwise swimming pool facilities, athletic fields, skating rinks, playgrounds, museums, a golf course, a site and building for a civic center, a youth center, or a combination of these facilities; and
(c) for furnishing, equipping, repairing, or rehabilitating a swimming pool facility, athletic field, skating rink, playground, museum, golf course, civic center, or youth center.
(2) The total amount of indebtedness authorized to be contracted in any form, including the then-existing indebtedness,
may not at any time exceed 16.5% 17.5% of the taxable value of the taxable property of the city or town subject to taxation,
as ascertained by the last assessment for state and county taxes previous to the incurring of the indebtedness. Money may
not be borrowed for any purpose on bonds issued for the purchase of lands and land or improving the land until the
proposition has been submitted to the vote of the qualified electors of the city or town and a majority vote is cast in favor of
the proposition."
Section 19. Section 7-31-106, MCA, is amended to read:
"7-31-106. Authorization for county to issue bonds -- election required. (1) If the petition is presented to the board of county commissioners, the board shall, for the purpose of raising money to meet the payments under the terms and conditions of the contract and other necessary and proper expenses for the contract and for the approval or disapproval of the petition:
(a) ascertain, within 30 days after submission of the petition, the existing indebtedness of the county in the aggregate; and
(b) submit, after ascertaining the aggregate indebtedness, to the electors of the county the proposition to approve or disapprove the contract and the issuance of bonds necessary to carry out the contract. The election must be held in conjunction with a regular or primary election.
(2) The amount of the bonds authorized by this section may not exceed 22.5% 23.75% of the taxable value of the
taxable property in the county, inclusive of the existing indebtedness of the county, to be subject to taxation, as ascertained
by the last assessment for state and county taxes previous to the issuance of the bonds and incurring of the indebtedness."
Section 20. Section 7-31-107, MCA, is amended to read:
"7-31-107. Authorization for municipality to issue bonds -- election required. (1) If the petition is presented to the council of any incorporated city or town, the council, for the purpose of raising money to meet the payments under the terms and conditions of the contract and other necessary and proper expenses for the contract and for the approval or disapproval of the petition, shall:
(a) ascertain, within 30 days after submission of the petition, the aggregate indebtedness of the city or town; and
(b) submit, after ascertaining the aggregate indebtedness, to the electors of the city or town the proposition to approve or disapprove the contract and the issuance of bonds necessary to carry out the contract. The election must be held in conjunction with a regular or primary election.
(2) The amount of the bonds authorized by this section may not exceed 16.5% 17.5% of the taxable value of the taxable
property in the city or town, inclusive of the existing indebtedness of the city or town, to be subject to taxation, as
ascertained in the manner provided in this part."
Section 21. Section 7-34-2131, MCA, is amended to read:
"7-34-2131. Hospital district bonds and notes authorized. (1) (a) A hospital district may borrow money by the issuance of its bonds to provide funds for payment of part or all of the cost of acquisition, furnishing, equipment, improvement, extension, and betterment of hospital facilities and to provide an adequate working capital for a new hospital.
(b) The amount of bonds issued for such purpose under subsection (1)(a) and outstanding at any time may not exceed
22.5% 23.75% of the taxable value of the property therein in the district subject to taxation, as ascertained by the last
assessment for state and county taxes previous to the issuance of such the bonds.
(c) Such The bonds shall must be authorized, sold, and issued and provisions made for their payment in the manner and
subject to the conditions and limitations prescribed for bonds of school districts by Title 20, chapter 9, part 4.
(2) (a) A hospital district may borrow money by the issuance of notes to provide funds to finance the costs described in subsection (1) and to finance the working capital requirements of the district. The notes must be authorized and in a form and terms prescribed by a resolution adopted by the board of trustees. The notes must mature over a term not to exceed 15 years.
(b) The principal and interest on the notes must be paid from the taxes levied pursuant to 7-34-2133 and 7-34-2134, exclusive of the taxes levied to pay bonds issued in accordance with subsection (1), and all other revenue of the district. The annual amount of principal and interest payable on notes in any fiscal year must be included in the district's budget for that year.
(c) The notes may be secured by a mortgage of or a security interest in all or part of the district's assets and by a pledge of the taxes and revenue of the district, or either of them.
(d) Notes may not be issued unless the projected annual revenue of the district, including the taxes levied pursuant to 7-34-2133 and 7-34-2134 but exclusive of the taxes levied to pay bonds, is at least equal to the sum of the cost of operating and maintaining the hospital district plus the maximum amount of principal and interest due in any future fiscal year on the notes proposed to be issued and all notes outstanding upon the issuance of the proposed notes.
(3) Nothing herein shall The provisions of this part may not be construed to preclude the provisions of Title 50, chapter
6, part 1, allowing the state to apply for and accept federal funds."
Section 22. Section 15-1-101, MCA, is amended to read:
"15-1-101. Definitions. (1) Except as otherwise specifically provided, when terms mentioned in this section are used in connection with taxation, they are defined in the following manner:
(a) The term "agricultural" refers to:
(i) the production of food, feed, and fiber commodities, livestock and poultry, bees, fruits and vegetables, and sod, ornamental, nursery, and horticultural crops that are raised, grown, or produced for commercial purposes; and
(ii) the raising of domestic animals and wildlife in domestication or a captive environment.
(b) The term "assessed value" means the value of property as defined in 15-8-111.
(c) The term "average wholesale value" means the value to a dealer prior to reconditioning and the profit margin shown in national appraisal guides and manuals or the valuation schedules of the department.
(d) (i) The term "commercial", when used to describe property, means real property and improvements used or owned by a business, a trade, or a corporation as defined in 35-2-114 or used for the production of income, except property described in subsection (1)(d)(ii).
(ii) The following types of property are not commercial:
(A) agricultural lands;
(B) timberlands and forest lands;
(C) single-family residences and ancillary improvements and improvements necessary to the function of a bona fide farm, ranch, or stock operation; and
(D) mobile homes and manufactured homes used exclusively as a residence except when held by a distributor or dealer
as stock in trade;
(E) all property described in 15-6-135; and
(F) all property described in 15-6-136.
(e) The term "comparable property" means property that:
(i) has similar use, function, and utility;
(ii) is influenced by the same set of economic trends and physical, governmental, and social factors; and
(iii) has the potential of a similar highest and best use.
(f) The term "credit" means solvent debts, secured or unsecured, owing to a person.
(g) (i) "Department", except as provided in subsection (1)(g)(ii), means the department of revenue provided for in 2-15-1301.
(ii) In chapters 70 and 71, department means the department of transportation provided for in 2-15-2501.
(h) The terms "gas" and "natural gas" are synonymous and mean gas as defined in 82-1-111(2). The terms include all natural gases and all other fluid hydrocarbons, including methane gas or any other natural gas found in any coal formation.
(i) The term "improvements" includes all buildings, structures, fences, and improvements situated upon, erected upon,
or affixed to, or buried in or beneath the surface of real property. land The term improvements includes but is not limited
to:
(i) telegraph, telephone, telecommunications, and microwave lines, facilities, and structures; (ii) electric power and transmission or distribution lines and structures;
(iii) pipeline and distribution systems, including but not limited to natural gas or oil pipeline and distribution systems;
(iv) roadways, roadbeds, and railroad lines;
(v) radio and television broadcasting facilities and structures; and
(vi) mobile homes, manufactured homes, or housetrailers with their wheels removed that are attached to foundations and
that are owned by the same person who owns the land to which they are attached. When the department determines that the
permanency of location of a mobile home, manufactured home, or housetrailer has been established, the mobile home,
manufactured home, or housetrailer is presumed to be an improvement to real property. A mobile home, manufactured
home, or housetrailer may be determined to be permanently located only when it is attached to a foundation that cannot
feasibly be relocated and only when the wheels are removed.
(j) The term "leasehold improvements" means improvements to mobile homes and mobile homes located on land owned by another person. This property is assessed under the appropriate classification, and the taxes are due and payable in two payments as provided in 15-24-202. Delinquent taxes on leasehold improvements are a lien only on the leasehold improvements.
(k) The term "livestock" means cattle, sheep, swine, goats, horses, mules, asses, llamas, alpacas, bison, ostriches, rheas, emus, and domestic ungulates.
(l) The term "manufactured home" means a residential dwelling built in a factory in accordance with the United States department of housing and urban development code and the federal Manufactured Home Construction and Safety Standards. A manufactured home does not include a mobile home, as defined in 61-1-501 and in subsection (1)(m) of this section, a housetrailer, as defined in 61-1-501, or a mobile home or housetrailer constructed before the federal Manufactured Home Construction and Safety Standards went into effect on June 15, 1976.
(m) The term "mobile home" means forms of housing known as "trailers", "housetrailers", or "trailer coaches" exceeding 8 feet in width or 45 feet in length, designed to be moved from one place to another by an independent power connected to them, or any trailer, housetrailer, or trailer coach up to 8 feet in width or 45 feet in length used as a principal residence.
(n) The term "personal property" includes everything that is the subject of ownership but that is not included within the meaning of the terms "real estate" and "improvements".
(o) The term "poultry" includes all chickens, turkeys, geese, ducks, and other birds raised in domestication to produce food or feathers.
(p) The term "property" includes money, credits, bonds, stocks, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership. This definition may not be construed to authorize the taxation of the stocks of a company or corporation when the property of the company or corporation represented by the stocks is within the state and has been taxed.
(q) The term "real estate" means land and improvements situated on or in the land.
(r) The term "real estate property" includes:
(i) the possession of, claim to, ownership of, or right to the possession of land or improvements;
(ii) all mines, minerals, and quarries in and under the land subject to the provisions of 15-23-501 and Title 15, chapter 23, part 8;
(iii) all timber belonging to individuals or corporations growing or being on the lands of the United States; and
(iv) all rights and privileges appertaining to mines, minerals, quarries, and timber.
(r)(s) "Recreational" means hunting, fishing, swimming, boating, waterskiing, camping, biking, hiking, and winter
sports, including but not limited to skiing, skating, and snowmobiling.
(s)(t) "Research and development firm" means an entity incorporated under the laws of this state or a foreign
corporation authorized to do business in this state whose principal purpose is to engage in theoretical analysis, exploration,
and experimentation and the extension of investigative findings and theories of a scientific and technical nature into
practical application for experimental and demonstration purposes, including the experimental production and testing of
models, devices, equipment, materials, and processes.
(t)(u) The term "stock in trade" means any mobile home, manufactured home, or housetrailer that is listed by the dealer
as inventory and that is offered for sale, is unoccupied, and is not located on a permanent foundation. Inventory does not
have to be located at the business location of a dealer or a distributor.
(u)(v) The term "taxable value" means the percentage of market or assessed value as provided for in Title 15, chapter 6,
part 1.
(2) The phrase "municipal corporation" or "municipality" or "taxing unit" includes a county, city, incorporated town, township, school district, irrigation district, or drainage district or a person, persons, or organized body authorized by law to establish tax levies for the purpose of raising public revenue.
(3) The term "state board" or "board" when used without other qualification means the state tax appeal board."
Section 23. Section 15-6-134, MCA, is amended to read:
"15-6-134. Class four property -- description -- taxable percentage. (1) Class four property includes:
(a) except as provided in this section, all land, except that specifically included in another class or subject to a fee in lieu of property tax;
(b) all improvements, including trailers, manufactured homes, or mobile homes used as a residence, except those specifically included in another class;
(c) the first $100,000 or less of the market value of any improvement on real property after the reduction in market value provided for in 15-8-111(6)(d)(i), including trailers, manufactured homes, or mobile homes, and appurtenant land not exceeding 5 acres owned or under contract for deed and actually occupied for at least 7 months a year as the primary residential dwelling of any person whose total income from all sources, including net business income and otherwise tax-exempt income of all types but not including social security income paid directly to a nursing home, is not more than $15,000 for a single person or $20,000 for a married couple or a head of household, as adjusted according to subsection (2)(b)(ii). For the purposes of this subsection (1)(c), net business income is gross income less ordinary operating expenses but before deducting depreciation or depletion allowance, or both.
(d) all golf courses, including land and improvements actually and necessarily used for that purpose, that consist of at
least nine holes and not less than 3,000 1,000 lineal yards; and
(e) residential real property and improvements as follows:
(i) 60% of the first $200,000 or less of the market value of residential real property and improvements; and
(ii) 100% of the market value of the market value in excess of $200,000 of residential real property and improvements;
(f) real property and improvements used and owned by a cooperative rural electrical association or a cooperative rural telephone association organized under the laws of Montana, except real property and improvements owned by a cooperative organization described in 15-6-137(1); and
(g) all improvements on land that is eligible for valuation, assessment, and taxation as agricultural land under 15-7-202, including 1 acre of real property beneath improvements on land described in 15-6-133(1)(c). The 1 acre must be valued at market value.
(2) Class four property is taxed as follows:
(a) (i) Except as provided in 15-24-1402 or 15-24-1501 and subsection (2)(a)(ii) of this section, property described in
subsections (1)(a), (1)(b), and (1)(e), (1)(f), and (1)(g) of this section is taxed at 3.86% 3% of its market value.
(ii) The taxable percentage rate in subsection (2)(a)(i) must be adjusted downward by subtracting 0.022 percentage
points each year until the tax rate is equal to or less than 2.78%.
(b) (i) Property qualifying under the property tax assistance program in subsection (1)(c) is taxed at the rate provided in
subsection (2)(a)(ii) of its market value multiplied by a percentage figure based on income and determined from the
following table:
Income Income Percentage
Single Person Married Couple Multiplier
Head of Household
$0 - $ 6,000 $0 -$ 8,000 20%
6,001 - 9,200 8,001 - 14,000 50%
9,201 - 15,000 14,001 - 20,000 70%
(ii) The income levels contained in the table in subsection (2)(b)(i) must be adjusted for inflation annually by the department of revenue. The adjustment to the income levels is determined by:
(A) multiplying the appropriate dollar amount from the table in subsection (2)(b)(i) by the ratio of the PCE for the second quarter of the year prior to the year of application to the PCE for the second quarter of 1995; and
(B) rounding the product thus obtained to the nearest whole dollar amount.
(iii) "PCE" means the implicit price deflator for personal consumption expenditures as published quarterly in the Survey of Current Business by the bureau of economic analysis of the U.S. department of commerce.
(c) Property described in subsection (1)(d) is taxed at one-half the taxable percentage rate established in subsection
(2)(a)(i).
(3) Within the meaning of comparable property, as defined in 15-1-101, property assessed as commercial property is comparable only to other property assessed as commercial property and property assessed as other than commercial property is comparable only to other property assessed as other than commercial property."
Section 24. Section 15-6-137, MCA, is amended to read:
"15-6-137. Class seven property -- description -- taxable percentage. (1) Class seven property includes:
(a) all real property and improvements used and owned by persons, firms, corporations, or other organizations a person
that are is engaged in the business of furnishing telephone communications exclusively to rural areas or to rural areas and
cities and towns of 800 persons or less; and
(b) all real property and improvement owned by a cooperative rural electrical and or cooperative rural telephone
associations association that serve serves less than 95% of the electricity consumers or telephone users within the
incorporated limits of a city or town, except rural electric cooperative properties property described in 15-6-141(1)(a);
(c) electric transformers and meters; electric light and power substation machinery; natural gas measuring and
regulating station equipment, meters, and compressor station machinery owned by noncentrally assessed public utilities;
and tools used in the repair and maintenance of this property.
(2) To qualify for this classification, the average circuit miles for each station on the telephone communication system described in subsection (1)(b) must be more than 1 mile.
(3) Class seven property is taxed at 8% of its market value."
Section 25. Section 15-6-141, MCA, is amended to read:
"15-6-141. Class nine property -- description -- taxable percentage. (1) Class nine property includes:
(a) centrally assessed electric power companies' allocations, including, if congress passes legislation that allows the
state to tax property owned by an agency created by congress to transmit or distribute electrical energy, allocations of
properties constructed, owned, or operated by a public agency created by the congress to transmit or distribute electric
energy produced at privately owned generating facilities, not including rural electric cooperatives. centrally assessed real
property and improvements described in 15-23-101 unless specifically included in another class; and
(b) However, real property and improvements of a rural electric cooperatives' property cooperative that are used for the
sole purpose of serving customers representing less than 95% of the electric consumers located within the incorporated
limits of a city or town of more than 3,500 persons in which a centrally assessed electric power company also owns
property is included. For purposes of this subsection (1)(a) (1)(b), "property used for the sole purpose" does not include a
headquarters, office, shop, or other similar facility.
(b) allocations for centrally assessed natural gas companies having a major distribution system in this state; and
(c) centrally assessed companies' allocations except:
(i) electric power and natural gas companies' property;
(ii) property owned by cooperative rural electric and cooperative rural telephone associations and classified in class five;
(iii) property owned by organizations providing telephone communications to rural areas and classified in class seven;
(iv) railroad transportation property included in class twelve; and
(v) airline transportation property included in class twelve.
(2) Class nine property is taxed at 12% of market value as follows:
(a) for the assessment of class nine property that occurs during or before the calendar year in which the sale or transfer of electric generation property that represents 50% or more of the market value of electric generation property in the state, class nine property is taxed at 12% of market value;
(b) for the assessment of class nine property that occurs after the calendar year in which the sale or transfer of electric generation property that represents 50% or more of the market value of electric generation property in the state of Montana, class nine property is taxed at the percentage rate "P" of its market value as determined in subsection (3).
(3) For tax years beginning after the sale or transfer of electric generation property referred to in subsection (2)(b), the taxable percentage "P" applied to class nine property is X/Y where:
(a) X is the total statewide taxable value of all class nine property in the year that preceded the sale or transfer of electric generation property referred to in subsection (2)(b) multiplied by 102%; and
(b) Y is the total statewide market value of all class nine property in the year following the sale or transfer of electric generation property.
(4) The taxable percentage rate must be rounded to the nearest 0.01%."
Section 26. Section 15-6-145, MCA, is amended to read:
"15-6-145. Class twelve property -- description -- taxable percentage. (1) Class twelve property includes all
property of a railroad car company as defined in 15-23-211, all real property and improvements that are railroad
transportation property as described in the Railroad Revitalization and Regulatory Reform Act of 1976 as it read on January
1, 1986, and all airline transportation property as described in the Tax Equity and Fiscal Responsibility Act of 1982 as it
read on January 1, 1986.
(2) For the tax year beginning January 1, 1991, and for each tax year thereafter, class twelve property is taxed at the percentage rate "R", to be determined by the department as provided in subsection (3), or 12%, whichever is less.
(3) R = A/B where:
(a) A is the total statewide taxable value of all commercial property, except class twelve property, as commercial property is described in 15-1-101(1)(d); and
(b) B is the total statewide market value of all commercial property, except class twelve property, as commercial property is described in 15-1-101(1)(d).
(4) (a) For the taxable tax year beginning January 1, 1986, and for every taxable each succeeding tax year thereafter, the
department shall conduct a sales assessment ratio study of all commercial and industrial real property and improvements.
The study must be based on:
(i) assessments of such commercial and industrial property as of January 1 of the year for which the study is being
conducted; and
(ii) a statistically valid sample of sales using data from realty transfer certificates filed during the same taxable year or
from the immediately preceding taxable tax year, but only if a sufficient number of certificates is unavailable from the
current taxable year to provide a statistically valid sample.
(b) The department shall determine the value-weighted mean sales assessment ratio "M" for all such property and reduce the taxable value of property described in subsection (4) only, by multiplying the total statewide taxable value of property described in subsection (4)(a) by "M" prior to calculating "A" in subsection (3)(a).
(c) The adjustment referred to in subsection (4)(b) will be made beginning January 1, 1986, and in each subsequent tax
year to equalize the railroad taxable values.
(5) For the purpose of complying with the Railroad Revitalization and Regulatory Reform Act of 1976, as it read on January 1, 1986, the rate "R" referred to in this section is the equalized average tax rate generally applicable to commercial and industrial property, except class twelve property, as commercial property is defined in 15-1-101(1)(d)."
Section 27. Section 15-6-201, MCA, is amended to read:
"15-6-201. Exempt categories. (1) The following categories of property are exempt from taxation:
(a) except as provided in 15-24-1203, the property of:
(i) the United States, except:
(A) if congress passes legislation that allows the state to tax property owned by the federal government or an agency created by congress; or
(B) as provided in 15-24-1103;
(ii) the state, counties, cities, towns, and school districts;
(iii) irrigation districts organized under the laws of Montana and not operating for profit;
(iv) municipal corporations;
(v) public libraries; and
(vi) rural fire districts and other entities providing fire protection under Title 7, chapter 33;
(b) buildings, with land that they occupy and furnishings in the buildings, that are owned by a church and used for actual religious worship or for residences of the clergy, together with adjacent land reasonably necessary for convenient use of the buildings;
(c) property used exclusively for agricultural and horticultural societies, for educational purposes, and for nonprofit health care facilities, as defined in 50-5-101, licensed by the department of public health and human services and organized under Title 35, chapter 2 or 3. A health care facility that is not licensed by the department of public health and human services and organized under Title 35, chapter 2 or 3, is not exempt.
(d) property that is:
(i) owned and held by an association or corporation organized under Title 35, chapter 2, 3, 20, or 21;
(ii) devoted exclusively to use in connection with a cemetery or cemeteries for which a permanent care and improvement fund has been established as provided for in Title 35, chapter 20, part 3; and
(iii) not maintained and operated for private or corporate profit;
(e) property that is owned or property that is leased from a federal, state, or local governmental entity by institutions of purely public charity if the property is directly used for purely public charitable purposes;
(f) evidence of debt secured by mortgages of record upon real or personal property in the state of Montana;
(g) public museums, art galleries, zoos, and observatories that are not used or held for private or corporate profit;
(h) all household goods and furniture, including but not limited to clocks, musical instruments, sewing machines, and
wearing apparel of members of the family, used by the owner for personal and domestic purposes or for furnishing or
equipping the family residence;
(i) truck canopy covers or toppers and campers;
(j) a bicycle, as defined in 61-1-123, used by the owner for personal transportation purposes;
(k) motor homes;
(l) all watercraft;
(m)(h) motor vehicles, land, fixtures, buildings, and improvements owned by a cooperative association or nonprofit
corporation organized to furnish potable water to its members or customers for uses other than the irrigation of agricultural
land;
(n)(i) the right of entry that is a property right reserved in land or received by mesne conveyance (exclusive of leasehold
interests), devise, or succession to enter land with a surface title that is held by another to explore, prospect, or dig for oil,
gas, coal, or minerals;
(o)(j) (i) property that is owned and used by a corporation or association organized and operated exclusively for the care
of persons with developmental disabilities, persons with mental illness, or persons with physical or mental impairments that
constitute or result in substantial impediments to employment and that is not operated for gain or profit; and
(ii) property that is owned and used by an organization owning and operating facilities that are for the care of the retired, aged, or chronically ill and that are not operated for gain or profit;
(p)(k) all farm buildings with a market value of less than $500 and all agricultural implements and machinery with a
market value of less than $100;
(q)(l) property owned by a nonprofit corporation that is organized to provide facilities primarily for training and practice
for or competition in international sports and athletic events and that is not held or used for private or corporate gain or
profit. For purposes of this subsection (1)(q) (1)(l), "nonprofit corporation" means an organization that is exempt from
taxation under section 501(c) of the Internal Revenue Code and incorporated and admitted under the Montana Nonprofit
Corporation Act.
(r) the first $15,000 or less of market value of tools owned by the taxpayer that are customarily hand-held and that are
used to:
(i) construct, repair, and maintain improvements to real property; or
(ii) repair and maintain machinery, equipment, appliances, or other personal property;
(s)(m) harness, saddlery, and other tack equipment; all personal property. The exemption for personal property under
this subsection (1)(m) does not apply to housetrailers or mobile homes taxed under Title 15, chapter 24, part 2, or to motor
vehicles taxed under Title 61, chapter 3.
(t)(n) a title plant owned by a title insurer or a title insurance producer, as those terms are defined in 33-25-105;
(u)(o) timber as defined in 15-44-102;
(v)(p) all trailers as defined in 61-1-111, semitrailers as defined in 61-1-112, pole trailers as defined in 61-1-114, and
travel trailers as defined in 61-1-131;
(w)(q) all vehicles registered under 61-3-456;
(x)(r) (i) buses, trucks having a manufacturer's rated capacity of more than 1 ton, and truck tractors, including buses,
trucks, and truck tractors apportioned under Title 61, chapter 3, part 7; and
(ii) personal property that is attached to a bus, truck, or truck tractor that is exempt under subsection (1)(x)(i) (1)(r)(i);
and
(y)(s) motorcycles and quadricycles.
(2) (a) For the purposes of subsection (1)(e), the term "institutions of purely public charity" includes any organization that meets the following requirements:
(i) The organization qualifies as a tax-exempt organization under the provisions of section 501(c)(3), Internal Revenue Code, as amended.
(ii) The organization accomplishes its activities through absolute gratuity or grants. However, the organization may solicit or raise funds by the sale of merchandise, memberships, or tickets to public performances or entertainment or by other similar types of fundraising activities.
(b) For the purposes of subsection (1)(g), the term "public museums, art galleries, zoos, and observatories" means
governmental entities or nonprofit organizations whose principal purpose is to hold property for public display or for use as
a museum, art gallery, zoo, or observatory. The exempt property includes all real and personal property and improvements
reasonably necessary for use in connection with the public display or observatory use. Unless the property is and
improvements are leased for a profit to a governmental entity or nonprofit organization by an individual or for-profit
organization, real and personal property and improvements owned by other persons is are exempt if it the property is and
improvements are:
(i) actually used by the governmental entity or nonprofit organization as a part of its public display;
(ii) held for future display; or
(iii) used to house or store a public display.
(3) The following portions of the appraised value of a capital investment in a recognized nonfossil form of energy generation or low emission wood or biomass combustion devices, as defined in 15-32-102, are exempt from taxation for a period of 10 years following installation of the property:
(a) $20,000 in the case of a single-family residential dwelling;
(b) $100,000 in the case of a multifamily residential dwelling or a nonresidential structure."
Section 28. Section 15-6-207, MCA, is amended to read:
"15-6-207. Agricultural exemptions. (1) The following agricultural products are exempt from taxation:
(a)(1) all unprocessed agricultural products on the farm or in storage and owned by the producer;
(b)(2) all producer-held grain in storage;
(c)(3) all unprocessed agricultural products, except livestock;
(d)(4) except as provided in subsection (1)(e), livestock that have not attained the age of 24 months as of February 1 or
as of the last day of any month of the prior tax year if assessed on the average inventory basis as provided in 15-24-902(2);
(e)(5) swine that have not attained the age of 6 months as of January 1;
(f)(6) poultry and the unprocessed products of poultry; and
(g)(7) bees and the unprocessed product of bees.
(2) Any beet digger, beet topper, beet defoliator, beet thinner, beet cultivator, beet planter, or beet top saver designed
exclusively to plant, cultivate, and harvest sugar beets is exempt from taxation if the implement has not been used to plant,
cultivate, or harvest sugar beets for the 2 years immediately preceding the current assessment date and there are no
available sugar beet contracts in the sugar beet grower's marketing area."
Section 29. Section 15-7-102, MCA, is amended to read:
"15-7-102. Notice of classification and appraisal to owners -- appeals. (1) (a) The department shall mail to each owner or purchaser under contract for deed a notice of the classification of the land owned or being purchased and the appraisal of the improvements on the land only if one or more of the following changes pertaining to the land or improvements have been made since the last notice:
(i) change in ownership;
(ii) change in classification;
(iii) except as provided in subsection (1)(b), change in valuation; or
(iv) addition or subtraction of personal property affixed to the land.
(b) After the first year, the department is not required to mail the notice provided for in subsection (1)(a)(iii) if the
change in valuation is the result of an incremental change in valuation caused by the phasing in of a reappraisal.
(c)(b) The notice must include the following for the taxpayer's informational purposes:
(i) the total amount of mills levied against the property in the prior year; and
(ii) a statement that the notice is not a tax bill.
(d)(c) Any misinformation provided in the information required by subsection (1)(c) (1)(b) does not affect the validity
of the notice and may not be used as a basis for a challenge of the legality of the notice.
(2) (a) Except as provided in subsection (2)(c), the department shall assign each assessment to the correct owner or purchaser under contract for deed and mail the notice of classification and appraisal on a standardized form, adopted by the department, containing sufficient information in a comprehensible manner designed to fully inform the taxpayer as to the classification and appraisal of the property and of changes over the prior tax year.
(b) The notice must advise the taxpayer that in order to be eligible for a refund of taxes from an appeal of the classification or appraisal, the taxpayer is required to pay the taxes under protest as provided in 15-1-402.
(c) The department is not required to mail the notice of classification and appraisal to a new owner or purchaser under contract for deed unless the department has received the transfer certificate from the clerk and recorder as provided in 15-7-304 and has processed the certificate before the notices required by subsection (2)(a) are mailed. The date of mailing is the date reported to the county tax appeal board pursuant to 15-15-101.
(3) If the owner of any land and improvements is dissatisfied with the appraisal as it reflects the market value of the property as determined by the department or with the classification of the land or improvements, the owner may request an assessment review by submitting an objection in writing to the department, on forms provided by the department for that purpose, within 30 days after receiving the notice of classification and appraisal from the department. The review must be conducted informally and is not subject to the contested case procedures of the Montana Administrative Procedure Act. As a part of the review, the department may consider the actual selling price of the property, independent appraisals of the property, and other relevant information presented by the taxpayer in support of the taxpayer's opinion as to the market value of the property. The department shall give reasonable notice to the taxpayer of the time and place of the review. After the review, the department shall determine the correct appraisal and classification of the land or improvements and notify the taxpayer of its determination. In the notification, the department shall state its reasons for revising the classification or appraisal. When the proper appraisal and classification have been determined, the land must be classified and the improvements appraised in the manner ordered by the department.
(4) Whether a review as provided in subsection (3) is held or not, the department may not adjust an appraisal or classification upon the taxpayer's objection unless:
(a) the taxpayer has submitted an objection in writing; and
(b) the department has stated its reason in writing for making the adjustment.
(5) A taxpayer's written objection to a classification or appraisal and the department's notification to the taxpayer of its determination and the reason for that determination are public records. The department shall make the records available for inspection during regular office hours.
(6) If any property owner feels aggrieved by the classification or appraisal made by the department after the review provided for in subsection (3), the property owner has the right to first appeal to the county tax appeal board and then to the state tax appeal board, whose findings are final subject to the right of review in the courts. The appeal to the county tax appeal board must be filed within 30 days after notice of the department's determination is mailed to the taxpayer. A county tax appeal board or the state tax appeal board may consider the actual selling price of the property, independent appraisals of the property, and other relevant information presented by the taxpayer as evidence of the market value of the property. If the county tax appeal board or the state tax appeal board determines that an adjustment should be made, the department shall adjust the base value of the property in accordance with the board's order."
Section 30. Section 15-7-111, MCA, is amended to read:
"15-7-111. Periodic revaluation of certain taxable property. (1) The department of revenue shall administer and
supervise a program for the revaluation of all taxable property within classes three, four, and ten. All other property must be
revalued annually. The revaluation of class three, four, and ten property is complete on December 31, 1996. The amount of
the change in valuation from the 1996 base year for each property in classes three, four, and ten must be phased in each
year at the rate of 2% of the total change in valuation.
(2) The department shall value and phase in the value of newly constructed, remodeled, or reclassified property in a
manner consistent with the valuation within the same class and the values established pursuant to subsection (1). The
department shall adopt rules for determining the assessed valuation and phased-in value of new, remodeled, or reclassified
property within the same class.
(3)(2) Beginning January 1, 2007 2000, the department of revenue shall administer and supervise a program for the
revaluation of all taxable property within classes three, four, and ten. A comprehensive written reappraisal plan must be
promulgated by the department. The reappraisal plan adopted must provide that all class three, four, and ten property in
each county is revalued by January 1, 2010 2003, and each succeeding 3 years. The department shall furnish a copy of the
plan and all amendments to the plan to the board of county commissioners of each county."
Section 31. Section 15-8-104, MCA, is amended to read:
"15-8-104. Department audit and review of taxable value -- costs paid by department. (1) When in the judgment
of the director of revenue the department it is necessary, audits may be made for the purpose of determining the taxable
value of net proceeds of mines and all other types of property subject to ad valorem taxation.
(2) The department may conduct reviews of the assessment of all commercial personal property to ensure that the value
of the property in those classes reflects market value. Because the assessed value of commercial personal property is
defined as market value under 15-8-111(2), the review conducted by the department may be directed toward ensuring that
all taxable personal property is reported to the department.
(3)(2) The cost of any audit or review performed under subsection (1) or (2) must be paid by the department."
Section 32. Section 15-8-111, MCA, is amended to read:
"15-8-111. Assessment -- market value standard -- exceptions. (1) All taxable property must be assessed at 100% of its market value except as otherwise provided.
(2) (a) Market value is the value at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.
(b) If the department uses construction cost as one approximation of market value, the department shall fully consider reduction in value caused by depreciation, whether through physical depreciation, functional obsolescence, or economic obsolescence.
(c) Except as provided in subsection (3), the market value of special mobile equipment and agricultural tools,
implements, and machinery is the average wholesale value shown in national appraisal guides and manuals or the value
before reconditioning and profit margin. The department shall prepare valuation schedules showing the average wholesale
value when a national appraisal guide does not exist.
(3) The department may not adopt a lower or different standard of value from market value in making the official
assessment and appraisal of the value of property, except:
(a) the wholesale value for agricultural implements and machinery is the average wholesale value category as shown in
Guides 2000, Northwest Region Official Guide, published by the North American equipment dealers association, St. Louis,
Missouri. If the guide or the average wholesale value category is unavailable, the department shall use a comparable
publication or wholesale value category.
(b) for agricultural implements and machinery not listed in an official guide, the department shall prepare a
supplemental manual in which the values reflect the same depreciation as those found in the official guide; and
(c) as otherwise authorized in Titles 15 and 61.
(4) For purposes of taxation, assessed value is the same as appraised value except as otherwise provided by law.
(5) The taxable value for all property is the percentage of market or assessed value established for each class of property.
(6) The assessed value of properties in 15-6-131 through 15-6-133 15-6-134 and 15-6-143 is as follows:
(a) Properties in 15-6-131, under class one, are assessed at 100% of the annual net proceeds after deducting the expenses specified and allowed by 15-23-503 or, if applicable, as provided in 15-23-515, 15-23-516, 15-23-517, or 15-23-518.
(b) Properties in 15-6-132, under class two, are assessed at 100% of the annual gross proceeds.
(c) Properties in 15-6-133, under class three, are assessed at 100% of the productive capacity of the lands when valued for agricultural purposes. All lands that meet the qualifications of 15-7-202 are valued as agricultural lands for tax purposes.
(d) Residential real property and improvements in 15-6-134, under class four, are assessed as follows:
(i) 60% of the first $200,000 or less of market value of residential real property and improvements; and
(ii) 100% of the residential real property and improvements in excess of the first $200,000 of market value of the real property and improvements.
(e) Properties in 15-6-143, under class ten, are assessed at 100% of the forest productivity value of the land when valued as forest land.
(7) Land and the improvements on the land are separately assessed when any of the following conditions occur:
(a) ownership of the improvements is different from ownership of the land;
(b) the taxpayer makes a written request; or
(c) the land is outside an incorporated city or town."
Section 33. Section 15-8-201, MCA, is amended to read:
"15-8-201. General assessment day. (1) The department shall, between January 1 and the second Monday of July in each year, ascertain the names of all taxable inhabitants and assess all property subject to taxation in each county.
(2) The department shall assess property to:
(a) the person by whom it was owned or claimed or in whose possession or control it was at midnight of the preceding January 1; or
(b) except in the case of land splits, the new owner if the provisions of 15-7-304 have been met and the transfer certificate has been received and processed prior to determining the taxes that are due as provided in 15-10-305(2).
(3) The department shall also ascertain and assess all mobile homes arriving in the county after midnight of the preceding January 1.
(4) A mistake in the name of the owner or supposed owner of real property does not invalidate the assessment.
(5) The procedure provided by this section does not apply to:
(a) motor vehicles that are taxed under Title 61;
(b) motor homes, travel trailers, and campers;
(c) watercraft;
(d) livestock;
(e) property defined in 61-1-104 as special mobile equipment that is subject to assessment for personal property taxes
on the date that application is made for a special mobile equipment plate;
(f)(e) mobile homes and manufactured homes held by a distributor or dealer as stock in trade; and
(g)(f) property subject to the provisions of 15-16-203.
(6) Credits must be assessed as provided in 15-1-101(1)(f)."
Section 34. Section 15-8-202, MCA, is amended to read:
"15-8-202. Motor vehicle assessment by department of justice. (1) (a) The department of justice shall assess all light vehicles, subject to 61-3-313 through 61-3-316 and 61-3-501, for taxation in accordance with 61-3-503.
(b) The department of justice shall determine the fee in lieu of tax for all buses, trucks having a manufacturer's rated capacity of more than 1 ton, and truck tractors in accordance with 61-3-528 and 61-3-529.
(c) Taxes or fees in lieu of tax on motor vehicles under this subsection (1) must be assessed or imposed in each year on
the persons who owned or claimed the motor vehicles or in whose possession or control the motor vehicle was vehicles
were on the anniversary registration date dates.
(2) A tax or fee in lieu of tax may not be assessed or imposed against motor vehicles subject to taxation or to a fee in lieu of tax that constitute inventory of motor vehicle dealers as of January 1. These vehicles and all other motor vehicles subject to taxation or a fee in lieu of tax that are brought into the state after January 1 as motor vehicle dealers' inventories must be assessed to their respective purchasers as of the dates the vehicles are registered by the purchasers.
(3) "Purchasers" includes dealers who apply for registration or reregistration of motor vehicles, except as otherwise provided by 61-3-502.
(4) Goods, wares, and merchandise of motor vehicle dealers, other than new motor vehicles and new mobile homes,
must be assessed at market value as of January 1."
Section 35. Section 15-8-205, MCA, is amended to read:
"15-8-205. Initial assessment of class four trailer, manufactured home, and mobile home property -- when. The
department shall assess all class four trailer, manufactured home, and mobile home property immediately upon arrival in
the county if the taxes have not been previously paid for that year in another county in Montana."
Section 36. Section 15-8-301, MCA, is amended to read:
"15-8-301. Statement -- what to contain. (1) The department may require from a person a statement under oath setting
forth specifically all the real and personal property and improvements owned by, in possession of, or under the control of
the person at midnight on January 1. The statement must be in writing, showing separately:
(a) all property belonging to, claimed by, or in the possession or under the control or management of the person;
(b) all property belonging to, claimed by, or in the possession or under the control or management of any firm of which the person is a member;
(c) all property belonging to, claimed by, or in the possession or under the control or management of any corporation of which the person is president, secretary, cashier, or managing agent;
(d) the county in which the property is situated or in which the property is liable to taxation and, if liable to taxation in the county in which the statement is made, also the city, town, school district, road district, or other revenue districts in which the property is situated;
(e) an exact description of all lands, real property and improvements, and personal property;
(f) all depots, shops, stations, buildings, and other structures erected on the space covered by the right-of-way and all other property owned by any person owning or operating any railroad within the county.
(2) The department shall notify the taxpayer in the statement for reporting personal property owned by a business or
used in a business that the statement is for reporting business equipment and other business personal property described in
Title 15, chapter 6, part 1.
(3)(2) Whenever one member of a firm or one of the proper officers of a corporation has made a statement showing the
property of the firm or corporation, another member of the firm or another officer is not required to include the property in
that person's statement but the statement must show the name of the person or officer who made the statement in which the
property is included.
(4)(3) The fact that a statement is not required or that a person has not made a statement, under oath or otherwise, does
not relieve the person's property from taxation."
Section 37. Section 15-8-401, MCA, is amended to read:
"15-8-401. Consigned property. All personal property consigned for sale to any person within this state from any
place out of the state must be assessed as other taxable property is assessed."
Section 38. Section 15-8-701, MCA, is amended to read:
"15-8-701. Property tax record -- definition -- listing property in. (1) Unless the context clearly indicates otherwise, the term "property tax record" means the record that is kept in each county by the department and that contains the information described in subsection (2). The term includes records referred to as an "assessment book" or "assessment roll" and, in a county in which the property tax record is kept on a computer system, the information on the system analogous to the information described in subsection (2).
(2) The department shall prepare a property tax record with appropriate headings, in which must be listed all property within the state and in which must be specified, by an appropriate heading:
(a) the name of the person to whom the property is assessed;
(b) land by description sufficient to identify it, the locality, and the improvements on the land;
(c) all taxable personal property, showing the number, kind, amount, and quality; but a failure to enumerate in detail the
personal property does not invalidate the assessment;
(d)(c) the assessed value of real estate;
(e)(d) the assessed value of improvements on land, except that land and improvements must be separately listed when
required under 15-8-111;
(f)(e) the assessed value of improvements on real estate assessed to persons other than the owners of the real estate.
Taxable improvements owned by a person, located upon land exempt from taxation, must, as to the manner of assessment,
be assessed as other real estate. A value may not be assessed against the exempt land, and the land may not be charged with
and is not responsible for the assessment made against any taxable improvements located on the land.
(g) the assessed value of all taxable personal property;
(h)(f) the school, road, and other revenue districts in which each piece of property assessed is situated;
(i)(g) the total assessed value of all property;
(j)(h) the taxable value of all property;
(k)(i) the taxes and fees assessed against the property; and
(l)(j) the total of each type of tax, levy, and fee."
Section 39. Section 15-16-118, MCA, is amended to read:
"15-16-118. Minimum tax payment -- limitation of appeal. (1) If the taxes and special assessments due for the
current year shown in the written notice sent to the taxpayer as required in 15-16-101(2) are less than $5 or if a tax notice of
taxes and special assessments due on personal property is less than $5, the county treasurer shall notify the taxpayer that a
minimum tax of $5 is imposed and due. The $5 tax is imposed for purposes of defraying administrative expenses incurred
in administering the tax. The difference between the taxes and special assessments and the minimum tax of $5 is to be
deposited in the county general fund.
(2) The notification of the $5 minimum tax required by subsection (1) must be made in the notice required in
15-16-101(2) or in the notice of taxes and special assessments due on personal property.
(3) The minimum tax imposed by this section is not affected by the limitation on property taxes contained in Title 15, chapter 10, part 4.
(4) The minimum assessment imposed by this section does not apply to assessments levied against property owned by the state or a county, consolidated local government, city, town, school district, or other governmental entity unless the total assessments levied against all the property owned by the governmental entity are less than $5."
Section 40. Section 15-16-202, MCA, is amended to read:
"15-16-202. Boats, snowmobiles, and motor vehicles -- payment of current and back taxes and fees. (1) The fee in
lieu of personal property taxes tax assessed against a boat for the year in which application for decals is made and the
immediately previous year must be paid before license decals may be issued pursuant to 23-2-515.
(2) The fee in lieu of tax imposed on a snowmobile for the year in which application for registration is made and the immediately previous year must be paid before a snowmobile may be registered pursuant to 23-2-616.
(3) Except for mobile homes and manufactured homes as defined in 15-1-101, the new motor vehicle sales tax and the motor vehicle tax or fee in lieu of tax imposed or assessed against a motor vehicle for the current year and the immediately previous year must be paid before a motor vehicle may be registered or reregistered pursuant to 61-3-303.
(4) The provisions of subsections (1) through (3) do not require payment of the immediately previous year's taxes or fees if the taxes or fees have already been paid."
Section 41. Section 15-16-603, MCA, is amended to read:
"15-16-603. Refund of taxes -- limitations on refunds. (1) Subject to the provisions in subsections (2) and (3), a board of county commissioners shall order a refund:
(a) on a tax, penalty, interest, or cost paid more than once or erroneously or illegally collected if an appeal pursuant to 15-1-402 was not available;
(b) on a tax paid for which a refund is allowed under 15-16-612 or 15-16-613;
(c) on a tax, penalty, or interest collected as a result of an error in the description or location of real property or
improvements or for duplicate taxes paid as determined by the department of revenue;
(d) on net or gross proceeds tax, centrally assessed property tax, or local government severance tax, penalty, or interest
when the department of revenue notifies the board of county commissioners of an assessment revision completed pursuant
to 15-8-601; or
(e) upon entry of a decision either by the district court or by the state tax appeal board under 15-2-306 that has not been appealed to a higher court.
(2) The taxpayer shall prove that a refund is due under subsection (1)(a) or (1)(b).
(3) (a) A refund may not be granted under subsection (1)(a) or (1)(b) unless the taxpayer or a representative of the taxpayer files a written claim with the board of county commissioners within 10 years after the date when the second half of the taxes would have become delinquent if the taxes had not been paid.
(b) The refund required under subsection (1)(c) must be made for 5 tax years or for the duration of the error, whichever period is shorter.
(c) A refund may not be made under subsection (1)(c) unless the taxpayer allowed the department of revenue access to the taxpayer's property for the purposes of appraising the property."
Section 42. Section 15-16-611, MCA, is amended to read:
"15-16-611. Reduction of property tax for property destroyed by natural disaster -- proration of taxes on
replaced property. (1) The department shall, upon showing by a taxpayer that some or all of the improvements on the
taxpayer's real property, or that a trailer housetrailer, manufactured home, or mobile home, or that personal property taxed
under Title 15, chapter 6, part 1, has been destroyed to such an extent that the improvements or personal property the
housetrailer, manufactured home or mobile home has been rendered unsuitable for its previous use by natural disaster,
adjust the taxable value on the property, accounting for the destruction.
(2) The county treasurer shall adjust the tax due and payable for the current year on the property under 15-16-102 or on
personal property under 15-16-119 or 15-24-202 as provided in subsection (3) of this section.
(3) To determine the amount of tax due for destroyed property, the county treasurer shall:
(a) multiply the amount of tax levied and assessed on the original taxable value of the property for the year by the ratio that the number of days in the year that the property existed before destruction bears to 365; and
(b) multiply the amount of tax levied and assessed on the adjusted taxable value of the property for the remainder of the year by the ratio that the number of days remaining in the year after the destruction of the property bears to 365.
(4) This section does not apply to delinquent taxes owed on the destroyed property for a year prior to the year in which the property was destroyed.
(5) A taxpayer receiving a reduction in taxes on personal property under this section shall notify the department if the
taxpayer replaces the destroyed personal property in the same tax year that the personal property was destroyed. The tax on
the personal property replacing the destroyed personal property must be prorated according to the ratio that the number of
days remaining in the year after the property was replaced bears to 365. A taxpayer who fails to notify the department
within 30 days from the date of the replacement of the personal property is subject to the penalty prescribed in 15-1-303.
(6)(5) For the purposes of this section, "natural disaster" includes but is not limited to fire, flood, earthquake, or wind.
A fire is considered a natural disaster regardless of the origin of the fire. However, if the taxpayer is convicted of arson for
burning the property, property taxes may not be adjusted. If the taxes had already been adjusted prior to the conviction, the
original amount must be collected."
Section 43. Section 15-17-121, MCA, is amended to read:
"15-17-121. Definitions. Except as otherwise specifically provided, when terms mentioned in Title 15, chapters 17 and 18, are used in connection with taxation, they are defined in the following manner:
(1) "Certificate" or "tax sale certificate" means the document described in 15-17-212.
(2) (a) "Cost" means the cost incurred by the county as a result of a taxpayer's failure to pay taxes when due. It includes but is not limited to any actual out-of-pocket expenses incurred by the county plus the administrative cost of:
(i) preparing the list of delinquent taxes;
(ii) preparing the notice of pending tax sale;
(iii) conducting the tax sale;
(iv) assigning the county's interest in a tax lien to a third party;
(v) identifying interested persons entitled to notice of the pending issuance of a tax deed;
(vi) notifying interested persons;
(vii) issuing the tax deed; and
(viii) any other administrative task associated with accounting for or collecting delinquent taxes.
(b) Cost does not include the costs incurred by the owner of a property tax lien other than the county.
(3) "County" means any county government and includes those classified as consolidated governments.
(4) "Property tax lien" means a lien acquired by the payment at a tax sale of all outstanding delinquent taxes, including penalties, interest, and costs.
(5) "Purchaser" means any person, other than the person to whom the property is assessed, who pays at the tax sale the delinquent taxes, including penalties, interest, and costs, and receives a certificate representing a lien on the property or who is otherwise listed as the purchaser. An assignee is a purchaser.
(6) "Tax", "taxes", or "property taxes" means all ad valorem property taxes, property assessments, fees related to property, and assessments for special improvement districts and rural special improvement districts.
(7) "Tax sale" means:,
(a) with respect to real property and improvements, the offering for sale by the county treasurer of a property tax lien
representing delinquent taxes, including penalties, interest, and costs; and
(b) with respect to personal property, the offering for sale by the county treasurer of personal property on which the
taxes are delinquent or other personal property on which the delinquent taxes are a lien."
Section 44. Section 15-17-911, MCA, is amended to read:
"15-17-911. Sale of personal property for delinquent taxes -- fee -- disposition of proceeds -- unsold property. (1) The tax on personal property may be collected and payment enforced by the seizure and sale of any personal property in the possession of the person assessed. Seizure and sale are authorized at any time after the date the taxes become delinquent or by the institution of a civil action for its collection in any court of competent jurisdiction. A resort to one method does not bar the right to resort to any other method. Any of the methods provided may be used until the full amount of the tax is collected.
(2) The provisions of 15-16-119 and this section apply to a seizure and sale under subsection (1).
(3)(2) A sale under subsection (1) must be at public auction.
(4)(3) For seizing and selling personal property, the county treasurer shall charge $25, plus the mileage allowance
provided by law to the sheriff, plus reasonable expenses for seizing, handling, keeping, or caring for any property seized.
The charge and other costs may be charged only when property is actually seized and offered for sale or sold.
(5)(4) On payment of the price bid for any property sold as provided in this section, delivery of the property, with a bill
of sale, vests the title of the property in the purchaser.
(6)(5) (a) After sale of the property, the proceeds of the sale must be used first to reimburse the county for all costs and
charges incurred in seizing the property and conducting the sale. Any excess, up to the total amount of the taxes owed, must
be distributed proportionally to the funds that would have received the taxes if they had been paid before becoming
delinquent. Any remaining excess, up to the amount of the penalty and interest owed, must then be distributed
proportionally to the fund that would have received the penalty and interest if they had been paid in full.
(b) Any money collected in excess of the delinquent tax, penalties, interest, costs, and charges must be returned to the person owning the property prior to the sale, if known. If the person does not claim the excess immediately following the sale, the treasurer shall deposit the money in the county treasury for a period of 1 year from the date of sale. If the person has not claimed the excess within 1 year from the date of sale, the county treasurer shall deposit the amount in the county general fund and the person has no claim to it.
(7)(6) Any property seized for the purpose of liquidating a delinquency by a tax sale that remains unsold following a
sale may be left at the place of sale at the risk of the owner.
(8)(7) The provisions of this section do not apply to property for which delinquent property taxes have been suspended
or canceled under the provisions of Title 15, chapter 24, part 17.
(9)(8) The county commission, in its discretion, may cancel any personal property taxes, including penalty, interest,
costs, and charges that remain unsatisfied after the property upon which the taxes were assessed had been seized and sold.
If the taxes are canceled, one copy of the order of cancellation must be filed with the county clerk and recorder and one
copy with the county treasurer."
Section 45. Section 15-23-101, MCA, is amended to read:
"15-23-101. Properties centrally assessed. The department of revenue shall centrally assess each year:
(1) the franchise, roadway, roadbeds, rails, rolling stock, and all other operating real property and improvements of
railroads and railroad car companies operating in more than one county in the state or more than one state;
(2) the real property and improvements owned by a corporation or other person operating a single and continuous
property operated in more than one county or more than one state, including but not limited to telegraph, telephone
telecommunications property,; microwave, electric power, or transmission lines; natural gas, or oil, or other pipelines
pipeline and distribution systems; and canals, ditches, flumes, or like similar properties and including, if congress passes
legislation that allows the state to tax property owned by an agency created by congress to transmit or distribute electrical
energy, real property and improvements constructed, owned, or operated by a public agency created by the congress to
transmit or distribute electric energy produced at privately owned generating facilities (not including rural electric
cooperatives);
(3) all real property and improvements of scheduled airlines;
(4) the net proceeds of mines;
(5) the gross proceeds of coal mines; and
(6) property described in subsections (1) and (2) that is subject to the provisions of Title 15, chapter 24, part 12."
Section 46. Section 15-23-103, MCA, is amended to read:
"15-23-103. Due date of reports and returns -- extensions. (1) Except as provided in subsection (2), each report or
return described in 15-23-301, 15-23-402, 15-23-502, 15-23-701, or 15-23-517 must be delivered to the department on or
before March 31 each year.
(2) Each report or return for a natural gas or oil pipeline described in 15-23-301 must be delivered to the department on or before April 15 each year.
(3) Each report described in 15-23-201, 15-23-212, 15-23-515, 15-23-516, or 15-23-518 must be delivered to the department before April 15 each year.
(4) The department may for good cause extend the time for filing a return or report for not more than 30 days."
Section 47. Section 15-23-104, MCA, is amended to read:
"15-23-104. Failure to file -- estimate by department -- penalty. (1) If any person fails to file a report or return within the time established in 15-23-103 or by a later date approved by the department, the department shall estimate the value of the property that should have been reported on the basis of the best available information.
(2) In estimating the value of the net proceeds of mines, the department shall proceed under 15-23-506, and in estimating the value of the gross proceeds of coal mines, the department shall proceed under 15-35-107.
(3) In estimating the value of all other property subject to assessment under parts 2 through 4 and 3 of this chapter, the
department shall proceed under 15-1-303.
(4) In estimating value under this section, the department may subpoena a person or the person's agent as specified in 15-1-302. An assessment pursuant to parts 5, 7, and 8 of this chapter based on estimated value or imputed value is subject to review under 15-1-211.
(5) For each month or part of a month that a report is delinquent, the department shall impose and collect a $25 penalty, with the total not to exceed $200, and shall deposit the penalty to the credit of the general fund. The department shall assess a penalty of 1% of the tax due for each month or part of a month that the report is delinquent. The department shall notify the county treasurer of each affected county of the amount of the penalty, and the treasurer shall collect the penalty in the same manner as the taxes to which the penalty applies.
(2) For a delinquency in reporting under 15-23-212, the department shall assess a penalty of 1% of the tax due for each
month or part of a month that the report is delinquent."
Section 48. Section 15-23-105, MCA, is amended to read:
"15-23-105. Apportionment among counties. The department shall apportion the value of property assessed under
15-23-101, or 15-23-202, or 15-23-403, other than railroad car company property, among the counties in which such the
property is located. Apportionment shall must be on a mileage basis or on the basis of the original installed cost of the
centrally assessed property located in the respective counties. If the property is of such a character that its value cannot
reasonably be apportioned on the basis of mileage or on the basis of the original installed cost of the centrally assessed
property located in the respective counties, the department may adopt such other another method or basis of apportionment
as may be just or proper that fairly apportions the value of the property."
Section 49. Section 15-23-106, MCA, is amended to read:
"15-23-106. Report to the counties. (1) On or before July 1, the department shall prepare for each county a statement listing:
(a) the assessed value of railroad property, as determined under 15-23-202, apportioned to the county, including the length or other description of the property;
(b) the assessed value of utility property, as determined under 15-23-303, apportioned to the county, including the length or other description of the property;
(c) the assessed value of property of airline companies, as determined under 15-23-403, apportioned to the county; 90%
of the value of the property of airline companies apportioned to any county by reason of a state airport being located in the
county must be stated separately from the remaining assessed value of the property of airline companies apportioned to the
county;
(d)(c) the assessed value of the net proceeds and royalties from mines in the county, as determined under 15-23-503,
15-23-505, and 15-23-515 through 15-23-518; and
(e)(d) the assessed value of the gross proceeds from coal mines, as described in 15-23-701.
(2) The department shall enter the reported assessed values in the property tax record for the county."
Section 50. Section 15-23-201, MCA, is amended to read:
"15-23-201. Assessment of railroads. The president, secretary, or managing agent or such other officer as the
department of revenue may designate of any corporation and each person or association of persons owning or operating any
railroad in more than one county in this state or more than one state must on or before April 15 each year furnish the
department a statement signed and sworn to by one of such the officers or by the person or one of the persons forming such
the association, showing in detail for the year ending December 31 immediately preceding:
(1) the whole number of miles of railroad in the state and, where the line is partly out of the state, the whole number of
miles without the state and the whole number within the state, owned or operated by such the corporation, person, or
association;
(2) the value of the roadway, roadbed, and rails of the whole railroad and the value of the same within the state;
(3) the width of the right-of-way;
(4) the number of each kind of all rolling stock used by such corporation, person, or association in operating the entire
railroad, including the part without the state;
(5) the number, kind, and value of rolling stock owned and operated in the state;
(6) the number, kind, and value of rolling stock used in the state but not owned by the party making the returns;
(7) the number, kind, and value of rolling stock owned but used out of the state, either upon divisions of road operated
by the party making the returns or by and upon other railroads;
(8)(4) the whole number of sidetracks in each county, including the number of miles of track in each railroad yard in the
state;
(9)(5) the number of each kind of rolling stock used in operating the entire railroad, including the part without the state,
which must include a detailed statement of the number and value thereof of all engines; passenger, mail, express, baggage,
freight, and other cars; or all other real property and improvements within the state owned or leased by such the
corporation, person, or association;
(10) the number of sleeping and dining cars not owned by such corporation, person, or association but used in operating
the railroads of such corporation, person, or association in the state or on the line of the road without the state during each
month of the year for which the return is made; also the number of miles each month the cars have been run or operated
within and without the state;
(11)(6) a description of the road, giving the points of entrance into and the points of exit from each county, with a
statement of the number of miles in each county. When a description of the road has once been given, no other annual
description thereof is necessary unless the road has been changed. Whenever the road or any portion of the road is
advertised to be sold or is sold for taxes, either state or county, no other description is necessary than that given by, and the
same is conclusive upon, the person, corporation, or association giving the description. No An assessment is not invalid on
account of a misdescription of the railroad or the right-of-way for the same railroad. If such the statement is not furnished
as above provided in this subsection, the assessment made by the department upon the property of the corporation, person,
or association failing to furnish the statement is conclusive and final.
(12)(7) the gross earnings of the entire road;
(13)(8) the gross earnings of the road within the state and, if the railroad is let to other operators, how much was derived
by the lessor as rental;
(14)(9) the cost of operating the entire road, exclusive of the sinking fund, expenses of the land department, and money
paid to the United States;
(15)(10) net income for such year and amount of dividend declared;
(16)(11) capital stock authorized;
(17)(12) capital stock paid in;
(18)(13) funded debt;
(19)(14) number of shares authorized;
(20)(15) number of shares of stock issued;
(21)(16) number, kind, and total number of miles traveled within the state by railroad cars owned by railroad car
companies; and
(22)(17) any other facts the department may require."
Section 51. Section 15-23-202, MCA, is amended to read:
"15-23-202. Assessment -- how made. (1) The department must shall assess the franchise, roadway, roadbed, rails,
rolling stock, and all other operating properties real property and improvements of all railroads operated in more than one
county or more than one state. All rolling stock must be assessed in the name of the person owning, leasing, or using the
same. Assessment must be made to the person owning or leasing or using the same property and must be made upon the
entire railroad within the state. The depots, stations, shops, and buildings erected upon the space covered by the
right-of-way and all other property owned or leased by such the person, except as above provided in this subsection, shall
must be assessed by the department.
(2) In determining the taxable value of railroad property, the department shall determine the percentage rate "R" provided for in 15-6-145 in order to achieve compliance with the requirements of the federal Railroad Revitalization and Regulatory Reform Act of 1976, as amended."
Section 52. Section 15-23-301, MCA, is amended to read:
"15-23-301. Officers of certain public utility companies to furnish statement to department. The president,
secretary, or managing agent or such other officer as the department of revenue may designate of any corporation and each
person or association of persons owning or operating a telegraph, telephone telecommunications property, microwave,
electric power, or transmission line, natural gas pipeline, oil pipeline, canal, ditch, flume, or other property, other than real
estate not included in right-of-way, and which that constitute a single and continuous property throughout more than one
county or state, must shall each year furnish the department a statement, signed and sworn to by one of such the officers or
by the person or one of the persons forming such the association, showing in detail for the year ending on December 31
immediately preceding as follows:
(1) the whole number of miles of said the property in the state and, where the property is partly out outside of the state,
the whole number of miles without outside of the state and the whole number of miles within the state owned or operated
by such the corporation, person, or association;
(2) the total value of the entire real property and plant improvements, both within and without outside of the state, and
the total value of that portion of the same within the state;
(3) a complete description of the real property and improvements within the state, giving the points of entrance into and the points of exit from the state and the points of entrance into and the points of exit from each county, with a statement of the total number of miles in each county in the state;
(4) such any other information regarding such the property as may be required by the department."
Section 53. Section 15-23-303, MCA, is amended to read:
"15-23-303. Assessment of real property and improvements -- apportionment to counties. The department must
shall assess all the properties real property and improvements described in 15-23-301, but franchises granted by the United
States must not be assessed. The value of such properties the real property and improvements for assessment purposes shall
must be determined upon such the factors as that the department considers proper."
Section 54. Section 15-23-501, MCA, is amended to read:
"15-23-501. Taxation of mines. All mines and mining claims, both placer and rock in place, containing or bearing
gold, silver, copper, lead, coal, or other valuable mineral deposits, after purchase thereof from the United States, shall be
are taxed as all other land is taxed. All machinery used in mining and all property and surface improvements upon or
appurtenant to mines and mining claims which that have a value separate and independent of such the mines or mining
claims and the annual net proceeds of all mines and mining claims shall be are taxed as other personal property
improvements."
Section 55. Section 15-23-704, MCA, is amended to read:
"15-23-704. Lien of tax -- enforcement of payment. The tax on gross proceeds from coal must be levied as taxes on
other forms of property, and this tax and the severance tax on coal production are each a lien upon the coal mine and a prior
lien upon all personal property and improvements used to produce the coal. These taxes may be collected by the seizure and
sale of the personal property on which the tax is a lien as provided under 15-16-119 and 15-17-911."
Section 56. Section 15-24-205, MCA, is amended to read:
"15-24-205. Sections limited to taxable trailers and manufactured homes. The provisions of this part apply only to
those mobile homes, manufactured homes, and housetrailers, as defined in this part, subject to assessment and taxation
under chapter 8, part 2, and 15-24-301."
Section 57. Section 15-24-301, MCA, is amended to read:
"15-24-301. Personal property Motor vehicles brought into the state -- assessment -- exceptions -- custom
combine equipment. (1) Except as provided in subsections subsection (2), through (5), property in the following cases is
subject to taxation and assessment for all taxes levied that year in the county in which it is located:
(a) any personal property (including livestock) brought, driven, or coming into this state at any time during the year that
is used in the state for hire, compensation, or profit;
(b) property whose owner or user is engaged in gainful occupation or business enterprise in the state; or
(c) property which comes to rest and becomes a part of the general property of the state.
(2) The taxes on this property are levied in the same manner and to the same extent, except as otherwise provided, as
though the property had been in the county on the regular assessment date, provided that the property has not been regularly
assessed for the year in some other county of the state.
(3) Nothing in this section shall be construed to levy a tax against a merchant or dealer within this state on goods,
wares, or merchandise brought into the county to replenish the stock of the merchant or dealer.
(4) Any a motor vehicle not subject to a fee in lieu of tax brought, driven, or coming into this state by any a nonresident
person temporarily employed in Montana and used exclusively for transportation of such the person is subject to taxation
and assessment for taxes as follows:
(a) The motor vehicle is taxed by the county in which it is located.
(b) One-fourth of the annual tax liability of the motor vehicle must be paid for each quarter or portion of a quarter of the year that the motor vehicle is located in Montana.
(c) The quarterly taxes are due the first day of the quarter.
(2) A vehicle that is used exclusively for filming motion pictures or television commercials and that remains in the state for a period exceeding 180 days in a calendar year is taxed as provided in 61-3-520.
(5) Agricultural harvesting machinery classified under class eight, licensed in other states, and operated on the lands of
persons other than the owner of the machinery under contracts for hire shall be subject to a fee in lieu of taxation of $35 per
machine for the calendar year in which the fee is collected. The machines shall be subject to taxation under class eight only
if they are sold in Montana."
Section 58. Section 15-24-601, MCA, is amended to read:
"15-24-601. Assessment and taxation of insurance companies. Every An insurance company organized under the
laws of the state shall must be assessed and taxed upon its real estate property and improvements and personal property at
the same rate and in the same manner as other property is assessed and taxed in this state."
Section 59. Section 15-24-902, MCA, is amended to read:
"15-24-902. Assessment of livestock -- election for assessment on average inventory basis. (1) Except as provided
in subsection (2), the The department of revenue department of livestock shall assess all nonexempt livestock for the
purposes of the per capita levy imposed under this part in each county where they are located on February 1 of each year.
The livestock must be assessed to the person by whom they were owned or claimed or in whose possession or control they
were at midnight of February 1 in that year.
(2) An owner of livestock may elect to have nonexempt livestock assessed on the average inventory basis as provided in
15-24-927. The owner shall file an election with the department on the statement required under 15-24-903. An owner of
livestock making an election to have nonexempt livestock assessed on the average inventory basis is bound by that election
for 6 years. After 6 years, the election to have nonexempt livestock assessed on the average inventory basis remains in
effect unless the owner otherwise notifies the department before February 1."
Section 60. Section 15-24-903, MCA, is amended to read:
"15-24-903. Duty of owner to assist in assessment. (1) (a) Except as provided in subsection (1)(b), the The owner of
livestock, as defined in 15-24-901 15-24-921, or the owner's agent shall at the time of assessment make and deliver to the
department of revenue department of livestock for the county or counties where the owner's livestock were located on
February 1 a written statement, under oath, listing the owner's different kinds of livestock within the county or counties,
together with a listing of their marks and brands.
(b) If the owner of livestock is assessed on the average inventory basis, as provided in 15-24-927, the owner or the
owner's agent shall, in the manner and timeframe provided in subsection (1)(a), report to the department the county or
counties where the livestock were located in the prior tax year and show the months during the prior tax year that the
livestock were within the county or counties.
(2) As used in this section, "agent" means any person, persons, company, or corporation, including a feedlot operator or owner of grazing land, who has charge of livestock on the assessment date."
Section 61. Section 15-24-904, MCA, is amended to read:
"15-24-904. Penalty for violation of law. If any person, persons, company, or corporation who is the owner or is in
charge of any livestock within this state fails to make the statement or statements as provided in 15-24-903, the department
of livestock may, after 10 days' notice to the person who failed to file the report, increase the assessment per capita levy, as
provided in 15-24-921, by 10% as a penalty."
Section 62. Section 15-24-905, MCA, is amended to read:
"15-24-905. Livestock brought into state -- notice to department of livestock. The owner or the agent, manager, or
supervisor of any person, corporation, or association bringing livestock into this state after February 1 shall immediately
after the livestock cross the state line forward to the department of livestock a certified letter, containing the name of the
owner of the livestock, the number of livestock, the brand on the livestock, the ages of the livestock, the time and place at
which the livestock were brought across the state line, and the county or counties into which the livestock are moved. The
department of livestock shall at least once each month furnish from its own records to the department a list of the number
and kind of livestock moved into each county, together with the name of the owner of the livestock. Livestock brought into
the state after February 1 are subject to the per capita levy."
Section 63. Section 15-24-921, MCA, is amended to read:
"15-24-921. Per capita tax levy to pay expenses of enforcing livestock laws. (1) In addition to appropriations made for those purposes, a per capita tax is authorized and directed to be levied by the department of livestock on all poultry and bees, all swine 3 months of age or older, and all other livestock 9 months of age or older in each county of this state for the purpose of aiding in the payment of the salaries and all expenses connected with the enforcement of the livestock laws of the state and for the payment of bounties on wild animals as provided in 81-7-104.
(2) As used in this section, "livestock" means cattle, sheep, swine, poultry, bees, goats, horses, mules, asses, llamas, alpacas, domestic bison, ostriches, rheas, and emus, and domestic ungulates."
Section 64. Section 15-24-922, MCA, is amended to read:
"15-24-922. Board of livestock to prescribe per capita levy -- refunds -- per capita levy on average inventory. (1)
The board of livestock shall annually prescribe the amount of the per capita levy to be made against livestock of all classes
for the purpose indicated in 15-24-921.
(2) The per capita tax levy must be calculated each year to provide not more than 110% of the average annual revenue that was generated in the 3 previous years. The calculation must apply a reasonable factor for nonpayment and late payment of taxes and for reimbursement to the counties pursuant to 15-24-925 for collection of the levy.
(3) (a) A livestock owner taxed under 15-24-920 who moves livestock between states is entitled to a refund of the per
capita levy collected under 15-24-921 based on the number of months the livestock have taxable situs in the state Montana.
The amount of the refund is equal to the ratio of the number of months that the livestock do not have taxable situs in the
state to the number of months in the tax year, multiplied by the original per capita levy due. A taxpayer shall apply to the
board of livestock on a form prescribed by the board for a refund allowed under this subsection by January 31 following the
taxable year. The application must include a statement showing the date when the livestock were moved out of the state.
(b) Except as provided in subsection (3)(c), for For the purposes of 15-24-921 and this section, the per capita levy may
not be prorated.
(c) A taxpayer whose livestock are taxed on the average inventory basis for property tax purposes must also be taxed on
an average inventory basis for the purposes of 15-24-921 and this section. All other livestock subject to the per capita tax
levy must be reported on February 1 of each year."
Section 65. Section 15-24-1101, MCA, is amended to read:
"15-24-1101. Federal property held under contract by private person subject to taxation. Real and/or personal (1)
Except as provided in subsection (2), real property or improvements of the United States or any department or agency
thereof of the United States held under contract of sale, lease, or other interest or estate therein in the real property or
improvements by any person for his the exclusive use by the person shall be are subject to assessment for ad valorem
property taxation as provided in this part;. provided that this
(2) This part shall does not apply to real property or improvements held and in immediate use and occupation by this
state or any county, municipal corporation, or political subdivision therein of the state."
Section 66. Section 15-24-1203, MCA, is amended to read:
"15-24-1203. Privilege tax on industrial, trade, or other business use of tax-exempt property -- exceptions. (1)
There is imposed and must be collected a tax upon the possession or other beneficial use for industrial, trade, or other
business purposes enjoyed by any private individual, association, or corporation of any real property, real or personal, or
improvements that for any reason is are exempt from taxation. The tax is imposed upon the possession or other beneficial
use of improvements, including an electric transmission line and associated facilities, except that lines and facilities of a
design capacity of less than 500 kilovolts are not subject to the tax.
(2) The tax may not be imposed upon:
(a) the possession or other beneficial use of railroad right-of-way or track owned by the United States or acquired by the state pursuant to Title 60, chapter 11, part 1, as long as the state or the United States retains ownership and the right-of-way or track is used exclusively for rail transportation;
(b) the beneficial use by a person of real property or improvements held by a port authority, created under Title 7, chapter 14, part 11, or by a port authority owned by the United States or an agency of the United States unless the port authority provides for the exclusive use of the property by the person;
(c) the possession or other beneficial use of public lands occupied under the terms of recreational, mineral, timber, or grazing leases or permits issued by the United States or the state of Montana or upon any easement unless the lease, permit, or easement entitles the lessee or permittee to exclusive possession of the premises to which the lease, permit, or easement relates; or
(d) the possession or other beneficial use of buildings owned by public entities and located upon on public airports
airport property. However, privately owned buildings improvements located on public airport property are subject to
taxation."
Section 67. Section 15-24-1401, MCA, is amended to read:
"15-24-1401. Definitions. The following definitions apply to 15-24-1402 unless the context requires otherwise:
(1) "Expansion" means that the industry has added after July 1, 1987, at least $50,000 worth of qualifying
improvements or modernized processes to its property within the same jurisdiction either in the first tax year in which the
benefits provided for in 15-24-1402 are to be received or in the preceding tax year.
(2) "Industry" includes but is not limited to a firm that:
(a) engages in the mechanical or chemical transformation of materials or substances into products in the manner defined as manufacturing in the 1972 Standard Industrial Classification Manual prepared by the United States office of management and budget;
(b) engages in the extraction or harvesting of minerals, ore, or forestry products;
(c) engages in the processing of Montana raw materials such as minerals, ore, agricultural products, and forestry products;
(d) engages in the transportation, warehousing, or distribution of commercial products or materials if 50% or more of the industry's gross sales or receipts are earned from outside the state; or
(e) earns 50% or more of its annual gross income from out-of-state sales.
(3) "New" means that the firm is new to the jurisdiction approving the resolution provided for in 15-24-1402(2) and has
invested after July 1, 1987, at least $125,000 worth of qualifying improvements or modernized processes in the jurisdiction
either in the first tax year in which the benefits provided for in 15-24-1402 are to be received or in the preceding tax year.
New industry does not include property treated as new industrial property under 15-6-135.
(4) "Qualifying" means meeting all the terms, conditions, and requirements for a reduction in taxable value under 15-24-1401 and 15-24-1402."
Section 68. Section 15-36-324, MCA, is amended to read:
"15-36-324. Distribution of taxes -- rules. (1) For each calendar quarter, the department of revenue shall determine the amount of tax, late payment interest, and penalty collected under this part. For purposes of distribution of the taxes to county and school taxing units, the department shall determine the amount of oil and natural gas production taxes paid on production from pre-1985 wells, post-1985 wells, and horizontally completed wells located in the taxing unit.
(2) Except as provided in subsections (3) through (5), oil production taxes must be distributed as follows:
(a) The amount equal to 39.3% of the oil production taxes, including late payment interest and penalty, collected under this part must be distributed as provided in subsection (8).
(b) The remaining 60.7% of the oil production taxes, plus accumulated interest earned on the amount allocated under this subsection (2)(b), must be deposited in the state special revenue fund in the state treasury and transferred to the county and school taxing units for distribution as provided in subsection (11).
(3) (a) The amount equal to 100% of the oil production taxes, including late payment interest and penalty, collected from working interest owners on production from post-1985 wells occurring during the first 12 months of production must be distributed as provided in subsection (9).
(b) (i) The amount equal to 10.25% of the oil production taxes, including late payment interest and penalty, collected from working interest owners on production from post-1985 wells occurring during the next 12 months of production must be distributed as provided in subsection (9).
(ii) The remaining 89.75% of the oil production taxes, plus accumulated interest earned on the amount allocated under this subsection (3)(b), must be deposited in the state special revenue fund in the state treasury and transferred to the county and school taxing units for distribution as provided in subsection (11).
(4) (a) The amount equal to 100% of the oil production taxes, including late payment interest and penalty, collected under this part on production from horizontally completed wells occurring during the first 18 months of production must be distributed as provided in subsection (9).
(b) (i) The amount equal to 10.25% of the oil production taxes, including late payment interest and penalty, collected from working interest owners on production from horizontally completed wells occurring during the next 6 months of production must be distributed as provided in subsection (9).
(ii) The remaining 89.75% of the oil production taxes, plus accumulated interest earned on the amount allocated under this subsection (4)(b), must be deposited in the state special revenue fund in the state treasury and transferred to the county and school taxing units for distribution as provided in subsection (11).
(c) The amount equal to 100% of the oil production taxes, including late payment interest and penalty, collected under this part on the incremental production from horizontally recompleted wells occurring during the first 18 months of production must be distributed as provided in subsection (8).
(5) (a) The amount equal to 13.8% of the oil production taxes, including late payment interest and penalty, collected from working interest owners on stripper exemption production from pre-1985 wells and post-1985 wells must be distributed as provided in subsection (9).
(b) The remaining 86.2% of the oil production taxes, plus accumulated interest earned on the amount allocated under this subsection (5)(b), must be deposited in the state special revenue fund in the state treasury and transferred to the county and school taxing units for distribution as provided in subsection (11).
(6) Except as provided in subsection (7), natural gas production taxes must be allocated as follows:
(a) The amount equal to 14% of the natural gas production taxes, including late payment interest and penalty, collected under this part must be distributed as provided in subsection (10).
(b) The remaining 86% of the natural gas production taxes, plus accumulated interest earned on the amount allocated under this subsection (6)(b), must be deposited in the state special revenue fund in the state treasury and transferred to the county and school taxing units for distribution as provided in subsection (11).
(7) (a) The amount equal to 100% of the natural gas production taxes, including late payment interest and penalty, collected from working interest owners under this part on production from post-1985 wells occurring during the first 12 months of production must be distributed as provided in subsection (9).
(b) (i) The amount equal to 6.25% of the natural gas production taxes, including late payment interest and penalty, collected from working interest owners on production from post-1985 wells occurring during the next 12 months of production must be distributed as provided in subsection (9).
(ii) The remaining 93.75% of the oil production taxes, plus accumulated interest earned on the amount allocated under this subsection (7)(b), must be deposited in the state special revenue fund in the state treasury and transferred to the county and school taxing units for distribution as provided in subsection (11).
(8) The department shall, in accordance with the provisions of 15-1-501, distribute the state portion of oil production taxes specified in subsections (2)(a) and (4)(c), including late payment interest and penalty collected, as follows:
(a) 86.21% to the state general fund;
(b) 5.17% to the state special revenue fund for the purpose of paying expenses of the board as provided in 82-11-135; and
(c) 8.62% to be distributed as provided by 15-38-106(2).
(9) The department shall distribute the state portion of oil and natural gas production taxes specified in subsections (3)(a), (3)(b)(i), (4)(a), (4)(b)(i), (5)(a), (7)(a), and (7)(b)(i), including late payment interest and penalty collected, as follows:
(a) 37.5% to the state special revenue fund for the purpose of paying expenses of the board as provided in 82-11-135; and
(b) 62.5% to be distributed as provided by 15-38-106(2).
(10) The department shall, in accordance with the provisions of 15-1-501, distribute the state portion of natural gas production taxes specified in subsection (6)(a), including late payment interest and penalty collected, as follows:
(a) 76.8% to the state general fund;
(b) 8.7% to the state special revenue fund for the purpose of paying expenses of the board as provided in 82-11-135; and
(c) 14.5% to be distributed as provided by 15-38-106(2).
(11) (a) For the purpose of distribution of the oil and natural gas production taxes from pre-1985 wells, the department shall each calendar quarter adjust the unit value determined under 15-36-323 according to the ratio that the oil and natural gas production taxes from pre-1985 wells collected during the calendar quarter for which the distribution occurs plus penalties and interest on delinquent oil and natural gas production taxes from pre-1985 wells bears to the total liability for the oil and natural gas production taxes from pre-1985 wells for the quarter for which the distribution occurs. The amount of oil and natural gas production taxes distributions must be calculated and distributed as follows:
(i) By the dates referred to in subsection (12), the department shall calculate and distribute to each eligible county the amount of oil and natural gas production taxes from pre-1985 wells for the quarter, determined by multiplying the unit value, as adjusted in this subsection (11)(a), by the units of production on which oil and natural gas production taxes from pre-1985 wells were owed for the calendar quarter for which the distribution occurs.
(ii) Any amount by which the total tax liability exceeds or is less than the total distributions determined in this subsection (11)(a) must be calculated and distributed in the following manner:
(A) The excess amount or shortage must be divided by the total distribution determined for that period to obtain an excess or shortage percentage.
(B) The excess percentage must be multiplied by the distribution to each taxing unit, and this amount must be added to the distribution to each respective taxing unit.
(C) The shortage percentage must be multiplied by the distribution to each taxing unit, and this amount must be subtracted from the distribution to each respective taxing unit.
(b) Except as provided in subsection (11)(c), the county treasurer shall distribute the money received under subsection (12) from pre-1985 wells to the taxing units that levied mills in fiscal year 1990 against calendar year 1988 production in the same manner that all other property tax proceeds were distributed during fiscal year 1990 in the taxing unit, except that a distribution may not be made to a municipal taxing unit.
(c) The board of county commissioners of a county may direct the county treasurer to reallocate the distribution of oil and natural gas production tax money that would have gone to a taxing unit, as provided in subsection (11)(b), to another taxing unit or taxing units, other than an elementary school or high school, within the county under the following conditions:
(i) The county treasurer shall first allocate the oil and natural gas production taxes to the taxing units within the county in the same proportion that all other property tax proceeds were distributed in the county in fiscal year 1990.
(ii) If the allocation in subsection (11)(c)(i) exceeds the total budget for a taxing unit, the commissioners may direct the county treasurer to allocate the excess to any taxing unit within the county.
(d) The board of trustees of an elementary or high school district may reallocate the oil and natural gas production taxes distributed to the district by the county treasurer under the following conditions:
(i) The district shall first allocate the oil and natural gas production taxes to the budgeted funds of the district in the same proportion that all other property tax proceeds were distributed in the district in fiscal year 1990.
(ii) If the allocation under subsection (11)(d)(i) exceeds the total budget for a fund, the trustees may allocate the excess to any budgeted fund of the school district.
(e) For all production from post-1985 wells and horizontally drilled wells completed after December 31, 1993, the county treasurer shall distribute oil and natural gas production taxes received under subsections (2)(b), (3)(b)(ii), (4)(b)(ii), (5)(b), (6)(b), and (7)(b)(ii) between county and school taxing units in the relative proportions required by the levies for state, county, and school district purposes in the same manner as property taxes were distributed in the preceding fiscal year.
(f) The allocation to the county in subsection (11)(e) must be distributed by the county treasurer in the relative proportions required by the levies for county taxing units and in the same manner as property taxes were distributed in the preceding fiscal year.
(g) The money distributed in subsection (11)(e) that is required for the county mill levies for school district retirement obligations and transportation schedules must be deposited to the funds established for these purposes.
(h) The oil and natural gas production taxes distributed under subsection (11)(b) that are required for the 6-mill university levy imposed under 20-25-423 and for the county equalization levies imposed under 20-9-331 and 20-9-333, as those sections read on July 1, 1989, must be remitted by the county treasurer to the state treasurer.
(i) The oil and natural gas production taxes distributed under subsection (11)(e) that are required for the 6-mill university levy imposed under 20-25-423, for the county equalization levies imposed under 20-9-331 and 20-9-333, and for the state equalization aid levy imposed under 20-9-360 must be remitted by the county treasurer to the state treasurer.
(j) The amount of oil and natural gas production taxes remaining after the treasurer has remitted the amounts determined in subsections (11)(h) and (11)(i) is for the exclusive use and benefit of the county and school taxing units.
(12) The department shall remit the amounts to be distributed in subsection (11) to the county treasurer by the following dates:
(a) On or before August 1 of each year, the department shall remit to the county treasurer oil and natural gas production tax payments received for the calendar quarter ending March 31 of the current year.
(b) On or before November 1 of each year, the department shall remit to the county treasurer oil and natural gas production tax payments received for the calendar quarter ending June 30 of the current year.
(c) On or before February 1 of each year, the department shall remit to the county treasurer oil and natural gas production tax payments received for the calendar quarter ending September 30 of the previous year.
(d) On or before May 1 of each year, the department shall remit to the county treasurer oil and natural gas production tax payments received for the calendar quarter ending December 31 of the previous calendar year.
(13) The department shall provide to each county by May 31 of each year the amount of gross taxable value represented
by all types of production taxed under 15-36-304 for the previous calendar year multiplied by 60%. The resulting value
must be treated as taxable value for county classification purposes and for county bonding purposes.
(14) (a) In the event that the board of oil and gas conservation revises the privilege and license tax pursuant to 82-11-131, the department shall, by rule, change the formula under this section for distribution of taxes collected under 15-36-304. The revised formula must provide for the distribution of taxes in an amount equal to the rate adopted by the board of oil and gas conservation for the expenses of the board.
(b) Before the department adopts a rule pursuant to subsection (14)(a), it shall present the proposed rule to the revenue oversight committee.
(15) The distribution to taxing units under this section is statutorily appropriated as provided in 17-7-502."
Section 69. Section 17-7-502, MCA, is amended to read:
"17-7-502. (Temporary) Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.
(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:
(a) The law containing the statutory authority must be listed in subsection (3).
(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.
(3) The following laws are the only laws containing statutory appropriations: 2-17-105; 3-5-901; 5-13-403; 10-3-203;
10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-1-111; 15-23-706; 15-30-195; 15-31-702; 15-36-324; 15-36-325; 15-37-117;
15-38-202; 15-65-121; 15-70-101; 16-1-404; 16-1-406; 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-3-222; 17-6-101;
17-7-304; 18-11-112; 19-3-319; 19-6-709; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-305; 19-19-506; 20-8-107;
20-8-111; 20-26-1503; 22-3-1004; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402;
37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 42-2-105; 44-12-206; 44-13-102; 50-4-623; 53-6-703;
53-24-206; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-11-313; 77-1-131; 80-2-103; 80-2-222; 80-4-416; 81-5-111;
82-11-161; 85-20-402; 87-1-513; 90-3-301; 90-4-215; 90-6-331; and 90-9-306.
(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; pursuant to sec. 7(2), Ch. 29, L. 1995, the inclusion of 15-30-195 terminates July 1, 2001; pursuant to sec. 5, Ch. 461, L. 1997, the inclusion of 77-1-131 terminates October 1, 2003; and pursuant to secs. 13, 16(1), Ch. 549, L. 1997, the inclusion of 90-3-301 terminates July 1, 1999.)
17-7-502. (Effective July 1, 2008) Statutory appropriations -- definition -- requisites for validity. (1) A statutory appropriation is an appropriation made by permanent law that authorizes spending by a state agency without the need for a biennial legislative appropriation or budget amendment.
(2) Except as provided in subsection (4), to be effective, a statutory appropriation must comply with both of the following provisions:
(a) The law containing the statutory authority must be listed in subsection (3).
(b) The law or portion of the law making a statutory appropriation must specifically state that a statutory appropriation is made as provided in this section.
(3) The following laws are the only laws containing statutory appropriations: 2-17-105; 3-5-901; 5-13-403; 10-3-203; 10-3-310; 10-3-312; 10-3-314; 10-4-301; 15-23-706; 15-30-195; 15-31-702; 15-36-324; 15-36-325; 15-37-117; 15-38-202; 15-65-121; 15-70-101; 16-1-404; [16-1-406;] 16-1-411; 16-11-308; 17-3-106; 17-3-212; 17-3-222; 17-5-404; 17-5-804; 17-6-101; 17-7-304; 18-11-112; 19-3-319; 19-6-709; 19-9-702; 19-13-604; 19-17-301; 19-18-512; 19-19-205; 19-19-305; 19-19-506; 20-8-107; 20-9-361; 20-26-1503; 22-3-1004; 23-5-136; 23-5-306; 23-5-409; 23-5-610; 23-5-612; 23-5-631; 23-7-301; 23-7-402; 32-1-537; 37-43-204; 37-51-501; 39-71-503; 39-71-907; 39-71-2321; 42-2-105; 44-12-206; 44-13-102; 50-4-623; 50-5-232; 50-40-206; 53-6-150; 53-6-703; 53-24-206; 60-2-220; 67-3-205; 75-1-1101; 75-5-1108; 75-6-214; 75-5-1108; 75-6-214; 75-11-313; 77-1-505; 80-2-103; 80-2-222; 80-4-416; 81-5-111; 82-11-136; 82-11-161; 85-1-220; 85-20-402; 87-1-513; 90-4-215; 90-6-331; 90-7-220; 90-7-221; and 90-9-306.
(4) There is a statutory appropriation to pay the principal, interest, premiums, and costs of issuing, paying, and securing all bonds, notes, or other obligations, as due, that have been authorized and issued pursuant to the laws of Montana. Agencies that have entered into agreements authorized by the laws of Montana to pay the state treasurer, for deposit in accordance with 17-2-101 through 17-2-107, as determined by the state treasurer, an amount sufficient to pay the principal and interest as due on the bonds or notes have statutory appropriation authority for the payments. (In subsection (3): pursuant to sec. 7, Ch. 567, L. 1991, the inclusion of 19-6-709 terminates upon death of last recipient eligible for supplemental benefit; and pursuant to sec. 68(2), Ch. 422, L. 1997, this version becomes effective July 1, 2008.)"
Section 70. Section 20-9-406, MCA, is amended to read:
"20-9-406. Limitations on amount of bond issue. (1) (a) Except as provided in subsection (1)(c), the maximum
amount for which an elementary district or a high school district may become indebted by the issuance of bonds, including
all indebtedness represented by outstanding bonds of previous issues and registered warrants, is 45% of the taxable value of
the property subject to taxation, to be ascertained by the last-completed assessment for state, county, and school taxes
previous to the incurring of the indebtedness, plus, for bonds to be issued during fiscal year 1997, an additional 11% of the
taxable value of class eight property within the district for tax year 1995, for bonds to be issued during fiscal year 1998, an
additional 22% of the taxable value of class eight property within the district for tax year 1995, and for bonds to be issued
during fiscal years 1999 through 2008, an additional 33% of the taxable value of class eight property within the district for
tax year 1995, in each case of class eight property, multiplied by 45%.
(b) Except as provided in subsection (1)(c), the maximum amount for which a K-12 school district, as formed pursuant
to 20-6-701, may become indebted by the issuance of bonds, including all indebtedness represented by outstanding bonds
of previous issues and registered warrants, is up to 90% of the taxable value of the property subject to taxation, to be
ascertained by the last-completed assessment for state, county, and school taxes previous to the incurring of the
indebtedness, plus, for bonds to be issued during fiscal year 1997, an additional 11% of the taxable value of class eight
property within the district for tax year 1995, for bonds to be issued during fiscal year 1998, an additional 22% of the
taxable value of class eight property within the district for tax year 1995, and for bonds to be issued during fiscal years
1999 through 2008, an additional 33% of the taxable value of class eight property within the district for tax year 1995, in
each case of class eight property, multiplied by 90%. The total indebtedness of the high school district with an attached
elementary district must be limited to the sum of 45% of the taxable value of the property for elementary school program
purposes and 45% of the taxable value of the property for high school program purposes, adjusted as provided in this
section.
(c) (i) The maximum amount for which an elementary district or a high school district with a district mill value per elementary ANB or per high school ANB that is less than the corresponding statewide mill value per elementary ANB or per high school ANB may become indebted by the issuance of bonds, including all indebtedness represented by outstanding bonds of previous issues and registered warrants, is 45% of the corresponding statewide mill value per ANB times 1,000 times the ANB of the district. For a K-12 district, the maximum amount for which the district may become indebted is 45% of the sum of the statewide mill value per elementary ANB times 1,000 times the elementary ANB of the district and the statewide mill value per high school ANB times 1,000 times the high school ANB of the district.
(ii) If mutually agreed upon by the affected districts, for the purpose of calculating its maximum bonded indebtedness under this subsection (1)(c), a district may include the ANB of the district plus the number of students residing within the district for which the district or county pays tuition for attendance at a school in an adjacent district. The receiving district may not use out-of-district ANB for the purpose of calculating its maximum indebtedness if the out-of-district ANB has been included in the ANB of the sending district pursuant to the mutual agreement.
(2) The maximum amounts determined in subsection (1), however, may not pertain to indebtedness imposed by special improvement district obligations or assessments against the school district or to bonds issued for the repayment of tax protests lost by the district. All bonds issued in excess of the amount are void, except as provided in this section.
(3) When the total indebtedness of a school district has reached the limitations prescribed in this section, the school district may pay all reasonable and necessary expenses of the school district on a cash basis in accordance with the financial administration provisions of this chapter.
(4) Whenever bonds are issued for the purpose of refunding bonds, any money to the credit of the debt service fund for the payment of the bonds to be refunded is applied toward the payment of the bonds and the refunding bond issue is decreased accordingly."
Section 71. Section 20-9-407, MCA, is amended to read:
"20-9-407. Industrial facility agreement for bond issue in excess of maximum. (1) In a school district within which
a new major industrial facility which seeks to qualify for taxation as class five property under 15-6-135, as provided in
subsection (3), is being constructed or is about to be constructed, the school district may require, as a precondition of the
new major industrial facility qualifying as class five property, that the owners of the proposed industrial facility enter into
an agreement with the school district concerning the issuing of bonds in excess of the 45% bond debt limitation prescribed
in 20-9-406. Under such an agreement, the school district may, with the approval of the voters, issue bonds which that
exceed the limitation prescribed in this section by a maximum of 45% of the estimated taxable value of the property of the
new major industrial facility subject to taxation when completed. The estimated taxable value of the property of the new
major industrial facility subject to taxation shall must be computed by the department of revenue when requested to do so
by a resolution of the board of trustees of the school district. A copy of the department's statement of estimated taxable
value shall must be printed on each ballot used to vote on a bond issue proposed under this section.
(2) Pursuant to the agreement between the new major industrial facility and the school district and as a precondition to
qualifying as class five property, the new major industrial facility and its owners shall pay, in addition to the taxes imposed
by the school district on property owners generally, so much of the principal and interest on the bonds provided for under
this section as represents payment on an indebtedness in excess of the bond debt limitation prescribed in 20-9-406. After
the completion of the new major industrial facility and when the indebtedness of the school district no longer exceeds the
limitation prescribed in this section, the new major industrial facility shall be is entitled, after all the current indebtedness of
the school district has been paid, to a tax credit over a period of no more than 20 years. The total amount of the credit shall
as a total amount be is equal to the amount which that the facility paid the principal and interest of the school district's
bonds in excess of its general liability as a taxpayer within the district.
(3) A major industrial facility is a facility subject to the taxing power of the school district, whose construction or operation will increase the population of the district, imposing a significant burden upon the resources of the district and requiring construction of new school facilities. A significant burden is an increase in ANB of at least 20% in a single year."
Section 72. Section 61-3-301, MCA, is amended to read:
"61-3-301. Registration -- license plate required -- display. (1) Except as otherwise provided in this chapter, no person may operate a motor vehicle upon the public highways of Montana unless the vehicle is properly registered and has the proper number plates conspicuously displayed, one on the front and one on the rear of the vehicle, each securely fastened to prevent it from swinging and unobstructed from plain view, except that trailers, semitrailers, quadricycles, motorcycles, and vehicles authorized in 61-4-102(6) to display demonstrator plates may have but one number plate conspicuously displayed on the rear. No person may display on a vehicle at the same time a number assigned to it under any motor vehicle law except as provided in this chapter. A junk vehicle, as defined in Title 75, chapter 10, part 5, being driven or towed to an auto wrecking graveyard for disposal is exempt from the provisions of this section.
(2) No person may purchase or display on a vehicle a license plate bearing the number assigned to any county as provided in 61-3-332 other than the county of his permanent residence at the time of application for registration. However, the owner of any motor vehicle requiring a license plate on any motor vehicle used in the public transportation of persons or property may make application for the license in any county through which the motor vehicle passes in its regularly scheduled route, and the license plate issued bearing the number assigned to that county may be displayed on the motor vehicle in any other county of the state.
(3) It is unlawful to use license plates issued to one vehicle on any other vehicle, trailer, or semitrailer unless legally transferred as provided by statute, or to repaint old license plates to resemble current license plates.
(4) This section does not apply to a vehicle exempt from taxation under 15-6-215 or subject to taxation under 61-3-520.
(5) Any person violating these provisions is guilty of a misdemeanor and subject to the penalty prescribed in 61-3-601."
Section 73. Section 61-3-507, MCA, is amended to read:
"61-3-507. Exemption. A vehicle that is exempt from taxation under 15-6-215 or subject to the provisions of
61-3-520 is exempt from all other taxes and fees generally imposed on a vehicle by this part."
Section 74. Section 61-3-509, MCA, is amended to read:
"61-3-509. Disposition of taxes. (1) Except as provided in subsection (2), the county treasurer shall, after deducting the
district court fee, credit all taxes on motor vehicles and fees in lieu of tax on motorcycles, quadricycles, motor homes,
travel trailers, campers, trailers, pole trailers, semitrailers, buses, trucks having a manufacturer's rated capacity of more than
1 ton, and truck tractors collected under 61-3-504, 61-3-521, 61-3-527, 61-3-529, and 61-3-537, to a motor vehicle
suspense fund. At some time between March 1 and March 10 of each year and every 60 days after that date, the county
treasurer shall distribute the money in the motor vehicle suspense fund in the relative proportions required by the levies for
state, county, school district, and municipal purposes in the same manner as personal property taxes are distributed.
(2) The county treasurer shall deduct as a district court fee 7% of the amount of the 2% tax collected on light vehicles. The county treasurer shall credit the fee for district courts to a separate suspense account and shall forward the amount in the account to the state treasurer at the time that the county treasurer distributes money from the motor vehicle suspense fund. The state treasurer shall credit amounts received under this subsection to the state special revenue fund to be used for purposes of state funding of district court expenses as provided in 3-5-901."
Section 75. Section 61-3-520, MCA, is amended to read:
"61-3-520. Taxes and fees on vehicles used exclusively in filming motion pictures or television commercials --
exemption. (1) A Except as provided in subsection (4), a vehicle used exclusively in the filming of motion pictures or
television commercials that has been in the state for a period exceeding 180 consecutive days in a calendar year is subject
to assessment or a fee in lieu of tax as if the vehicle were not used exclusively for filming motion pictures or television
commercials, but the assessment or fee in lieu of tax must be prorated as provided in subsection (2).
(2) The taxes assessed or the fees in lieu of tax imposed under subsection (1) must be prorated by dividing the number of days in excess of 180 consecutive days in the calendar year by 365.
(3) (a) Taxes on a vehicle imposed pursuant to this section must be collected as provided in Title 15, chapter 16, part 1,
this chapter for the collection of personal property motor vehicle taxes generally.
(b) Fees on a vehicle imposed pursuant to this section must be collected as provided in this chapter.
(4) A motor vehicle brought into the state or otherwise used for the exclusive purpose of filming motion pictures or television commercials is exempt from motor vehicle taxation if the motor vehicle does not remain in the state for a period in excess of 180 consecutive days."
Section 76. Section 61-10-214, MCA, is amended to read:
"61-10-214. Exemptions. (1) Motor vehicles operating exclusively for transportation of persons for hire within the limits of incorporated cities or towns and within 15 miles from the limits are exempt from this part.
(2) Motor vehicles brought or driven into Montana by a nonresident, migratory, bona fide agricultural worker temporarily employed in agricultural work in this state when those motor vehicles are used exclusively for transportation of agricultural workers are exempt from this part.
(3) Vehicles lawfully displaying a licensed dealer's or wholesaler's plate as provided in 61-4-103 are exempt from this part for a period not to exceed 7 days when moving to or from a dealer's or wholesaler's place of business when unloaded or loaded with dealer's or wholesaler's property only or while being demonstrated in the course of the dealer's or wholesaler's business. Vehicles being demonstrated may not be leased, rented, or operated for compensation by the licensed dealer or wholesaler.
(4) Vehicles exempt from property tax under 15-6-201(1)(a), (1)(c) through (1)(e), (1)(g), (1)(o) (1)(j), (1)(q) (1)(l), and
(1)(v) (1)(p) are exempt from this part. The department of transportation may require documentation of tax-exempt status
from the department of revenue before granting this exemption."
Section 77. Section 67-3-204, MCA, is amended to read:
"67-3-204. Fee in lieu of tax on registered aircraft -- decal. (1) Except as provided in subsection (3), aircraft required
to be registered in Montana are subject to a fee. The registration fee is in lieu of property tax.
(2) The department shall issue a decal to the owner of the aircraft required to be registered at the time of payment of the registration fee in lieu of tax, as provided in 67-3-201. No aircraft subject to a fee in lieu of tax may be operated in this state unless there is displayed on the aircraft a decal as visual proof that the fee in lieu of tax has been paid for the aircraft and that the aircraft is registered for the current year.
(3) Aircraft that meet the description of airline transportation property described in 15-6-145 the Tax Equity and Fiscal
Responsibility Act of 1982 as it read on January 1, 1986, are exempt from the fee imposed by subsection (1). Aircraft
subject to the fee in lieu of tax are exempt from all other taxation."
Section 78. Section 67-3-205, MCA, is amended to read:
"67-3-205. Aircraft registration account -- source of funds -- allocation. (1) There is an account in the state special
revenue fund to which must be credited all money received from fees paid in lieu of tax on aircraft as required in this part
and 15-24-304 and all penalties collected for registration violations as provided in 67-3-202.
(2) Money in the account is allocated as follows:
(a) 90% to the counties in the proportion that each county's collections bear to the total collections statewide; and
(b) 10% to the department for the purpose of administering and enforcing aircraft registration.
(3) The allocations required in subsection (2)(a) must be made twice annually by the department. The first allocation must be made between March 15 and March 30 and the second allocation must be made between July 1 and July 15.
(4) The allocation required in subsection (2)(b) must be made on July 1 of each year.
(5) On receipt of the money allocated as provided in subsection (2)(a), the county treasurer shall distribute the money in
the relative proportions required by the levies for state, county, school district, and municipal purposes in the same manner
as personal property motor vehicle taxes are distributed.
(6) The allocations required in subsection (2)(a) are considered statutory appropriations as described in 17-7-502."
Section 79. Section 77-1-208, MCA, is amended to read:
"77-1-208. Cabin site licenses and leases -- method of establishing value. (1) The board shall set the annual fee
based on full market value for each cabin site and for each licensee or lessee who at any time wishes to continue or assign
the license or lease. The fee must attain full market value based on appraisal of the cabin site value as determined by the
department of revenue. The licensee or lessee has the option to pay the entire fee on March 1 or to divide the fee into two
equal payments due March 1 and September 1. The value may be increased or decreased as a result of the statewide
periodic revaluation of property pursuant to 15-7-111 without any adjustments as a result of phasing in values. An appeal of
a cabin site value determined by the department of revenue must be conducted pursuant to Title 15, chapter 2.
(2) The board shall set the fee of each initial cabin site license or lease or each current cabin site license or lease of a person who does not choose to retain the license or lease. The initial fee must be based upon a system of competitive bidding. The fee for a person who wishes to retain that license or lease must be determined under the method provided for in subsection (1).
(3) The board shall follow the procedures set forth in 77-6-302 through 77-6-306 for the disposal or valuation of any fixtures or improvements placed upon the property by the then-current licensee or lessee and shall require the subsequent licensee or lessee whose bid is accepted by the board to purchase those fixtures or improvements in the manner required by the board."
Section 80. Section 81-7-303, MCA, is amended to read:
"81-7-303. County commissioners permitted to require per capita license fee on sheep. (1) To defray the expense
of protection, the board of county commissioners of any a county may require all owners or persons in possession of any a
sheep 1 year old of age or older in the county on the regular assessment date of each year as provided in 15-24-903 to pay a
per capita license fee in an amount to be determined by the board. All owners or persons in possession of any a sheep 1 year
old of age or older coming into the county after the regular assessment date and subject to taxation the per capita levy under
the provisions of 15-24-301 Title 15, chapter 24, part 9, are subject to payment of the license fee.
(2) Upon the order of the board of county commissioners, the license fees may be imposed by entering the name of the
licensee upon the property tax assessment record of the county by the department of revenue livestock. The license fees are
payable to and must be collected by the county treasurer. When levied, the fees are a lien upon the property, both real and
personal, of the licensee. If the person against whom the license fee is levied does not own real estate against which the
license fee is or may become a lien, then the license fee is payable immediately upon its levy and the treasurer shall collect
the fee in the manner provided by law for the collection of personal property taxes that are not a lien upon real estate.
(3) When collected, the fees must be placed in the predatory animal control fund and the fund may be expended on order of the board of county commissioners of the county for predatory animal control only."
Section 81. Section 81-7-603, MCA, is amended to read:
"81-7-603. County commissioners permitted to levy per capita license fee on cattle. (1) To defray the expense of
protection, the board of county commissioners may require all owners or persons in possession of any cattle 9 months old
of age or older in the county on the regular assessment date of each year as provided in 15-24-903 to pay a per capita
license fee in an amount to be determined by the board. All owners or persons in possession of cattle 9 months old of age or
older coming into the county after the regular assessment date and subject to taxation the per capita levy under the
provisions of 15-24-301 Title 15, chapter 24, part 9, are subject to payment of the license fee.
(2) Upon the order of the board of county commissioners, the license fee may be imposed by entering the name of the
licensee upon the property tax assessment record of the county by the department of revenue livestock. The license fee is
payable to the county treasurer. When levied, the fee is a lien upon the property, both real and personal, of the licensee. If
the person against whom the license fee is levied does not own real estate against which the license fee is or may become a
lien, then the license fee is payable immediately upon its levy and the treasurer shall collect the fee in the manner provided
by law for the collection of personal property taxes that are not a lien upon real estate.
(3) The fees must be placed in a predatory animal control fund separate from the fund provided for in 81-7-303. The money in the predatory animal control fund may be expended by the board of county commissioners only for the predatory animal control program."
NEW SECTION. Section 82. Repealer. Sections 15-1-111, 15-1-112, 15-6-122, 15-6-135, 15-6-136, 15-6-138, 15-6-152, 15-6-215, 15-8-204, 15-8-401, 15-8-403, 15-8-404, 15-8-405, 15-8-406, 15-8-407, 15-16-117, 15-16-119, 15-16-613, 15-23-211, 15-23-212, 15-23-213, 15-23-214, 15-23-215, 15-23-216, 15-23-401, 15-23-402, 15-23-403, 15-24-302, 15-24-303, 15-24-304, 15-24-305, 15-24-701, 15-24-801, 15-24-901, 15-24-920, 15-24-926, 15-24-927, 15-24-931, 15-24-2401, 15-24-2402, 15-24-2403, 15-24-2404, and 15-24-2405, MCA, are repealed.
NEW SECTION. Section 83. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. Section 84. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.
NEW SECTION. Section 85. Effective date. [This act] is effective January 1, 2000.
NEW SECTION. Section 86. Applicability. (1) [Sections 1 through 21, 70, and 71] apply to fiscal years beginning after June 30, 2000.
(2) [Sections 22 through 69 and 72 through 82] apply to tax years beginning after December 31, 1999.
- END -
Latest Version of SB 516 (SB0516.01)
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