BEFORE THE DEPARTMENT OF REVENUE
OF THE STATE OF MONTANA
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In the matter of the amendment of ARM 42.18.121 and 42.18.122 relating to the Montana appraisal manual for residential, commercial, and industrial property |
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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT |
TO: All Concerned Persons
1. On August 25, 2010, at 1:30 p.m., a public hearing will be held in the Third Floor Reception Area Conference Room of the Sam W. Mitchell Building, at Helena, Montana, to consider the amendment of the above-stated rules.
Individuals planning to attend the hearing shall enter the building through the east doors of the Sam W. Mitchell Building, 125 North Roberts, Helena, Montana.
2. The Department of Revenue will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Revenue no later than 5:00 p.m., August 16, 2010, to advise us of the nature of the accommodation that you need. Please contact Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-4375; or e-mail canderson@mt.gov.
3. The rules proposed to be amended provide as follows, stricken matter interlined, new matter underlined:
42.18.121 VALUATION ADOPTION OF THE MONTANA APPRAISAL MANUALS (1) For the each reappraisal period January 1, 1993 through December 31, 1996, the 1992 Montana Appraisal Manual is used for valuing residential and agricultural/forest lands new construction and use changes the department shall develop and adopt the Montana Appraisal Manual to be used during the reappraisal cycle. The cost base schedules reflect January 1, 1992, cost information Montana Appraisal Manual will be used for valuing residential, commercial, and industrial land and improvements, new construction, and use changes.
(2) For the reappraisal cycle beginning January 1, 1997, the 1996 The Montana Appraisal Manual is used for valuing residential and agricultural/forest lands real property. The cost base schedules reflect January 1, 1996, cost information. Reappraisal values were used for property tax purposes for the 1997 tax year provides details on the valuation processes the department uses.
(3) For the period January 1, 1993, through December 31, 1996, the 1992 The Montana Appraisal Manual is used for valuing commercial and industrial new construction and use changes. If the property is not listed in the 1992 Montana Appraisal Manual, other construction cost manuals such as Boeckh; Marshall Valuation Service Manual; Richardson Engineering Services, Inc., entitled "Process Plant Construction Estimating Standards"; or R.S. Means Company, Inc., entitled "Building Construction Cost Data" will be used with a publication date as close as possible to the Montana Appraisal Manual. The cost base schedules will reflect January 1, 1992, cost information incorporates the department's duties as provided in 15-1-701 through 15-7-103, MCA, and the department shall consider the manual when performing these duties.
(4) For the reappraisal cycle beginning January 1, 1997, the 1996 The Montana Appraisal Manual is used for valuing commercial and industrial real property. If the property is not listed in the 1996 Montana Appraisal Manual, other construction cost manuals such as Boeckh; Marshall Valuation Service; Richardson Engineering Services, Inc., entitled "Process Plant Construction Estimating Standards"; or R.S. Means Company, Inc., entitled "Building Construction Cost Data" is used with a publication date as close as possible to the Montana Appraisal Manual. The cost base schedules reflect January 1, 1996, cost information. Reappraisal values were used for property tax purposes for the 1997 tax year shall guide department appraisers in the application of approved appraisal practices, including but not limited to the three approaches to property valuation: market, cost, and income.
(5) For the reappraisal cycle beginning January 1, 2003, the 2002 Montana Appraisal Manual, adjusted for local conditions, will be used for valuing commercial and industrial real property. If the property is not listed in the 2002 Montana Appraisal Manual, other construction cost manuals such as Marshall Valuation Service; Boeckh; Richardson Engineering Services, Inc., entitled "Process Plant Construction Estimating Standards"; or R.S. Means Company, Inc., entitled "Building Construction Cost Data" will be used with a publication date as close to the 2002 Montana Appraisal Manual as possible. The cost base schedules reflect January 1, 2002, cost information.
(6) Copies of the valuation manuals used by the department may be reviewed in the department field office or purchased from the department by writing to Department of Revenue, P.O. Box 8018, Helena, Montana 59604-8018.
(7) This rule applies to tax years January 1, 1993, through December 31, 2008.
AUTH: 15-1-201, MCA
IMP: 15-7-111, MCA
REASONABLE NECESSITY: The department is proposing to amend ARM 42.18.121 to reflect the department's usability of the appraisal manual.
42.18.122 REVALUATION MONTANA APPRAISAL MANUALS - RESIDENTIAL, COMMERICAL, AND INDUSTRIAL (1) For residential, and agricultural/forest lands new construction, the 2002 The Montana Appraisal Manual as adopted on August 25, 2010, shall be known as the 2008 Montana Appraisal Manual is used through tax year 2008.
(2) For the reappraisal cycle beginning January 1, 2009, and ending on December 31, 2014, the department shall use the 2008 Montana Appraisal Manual, adjusted for local conditions, will be used for valuing residential land and agricultural/forest lands real property improvements, commercial land and improvements, industrial land and improvements, and new construction. The cost base schedules reflect July 1, 2008, cost information.
(3) For commercial and industrial new construction, the 2002 Montana Appraisal Manual will be used through tax year 2008. If the property is not listed in the 2002 Montana Appraisal Manual, other construction cost manuals, such as Marshall Valuation Service or Means, will be used with a publication date as close to the 2002 Montana Appraisal Manual as possible If the 2008 Montana Appraisal Manual does not provide information necessary to value a specific property, the department shall use other construction cost manuals with a publication date as close to the 2008 Montana Appraisal Manual as possible, such as Marshall Valuation Service; Richardson Engineering Services, Inc., or R.S. Means Company, Inc. The cost base schedules set out in those publications will be considered to reflect July 1, 2008, cost information.
(4) For the reappraisal cycle beginning January 1, 2009, the 2008 Montana Appraisal Manual, adjusted for local conditions, will be used for valuing commercial and industrial real property. If the property is not listed in the 2008 Montana Appraisal Manual, other construction cost manuals such as Marshall Valuation Service; Richardson Engineering Services, Inc., entitled "Process Plant Construction Estimating Standards"; or R.S. Means Company, Inc., entitled "Building Construction Cost Data" will be used with a publication date as close to the 2008 Montana Appraisal Manual as possible. The cost base schedules reflect July 1, 2008, cost information.
(5) Copies of the 2008 Montana Appraisal Manual valuation manuals used by the department may be reviewed in the department's field offices, at the central office at 125 North Roberts Street, or purchased from the department by writing to the Department of Revenue, P.O. Box 8018, Helena, Montana, 59604-8018 or on the department's web site at http://revenue.mt.gov/publications.
(5) A taxpayer may purchase the CD containing a PDF version of the manual for $3 by sending a written request to the Department of Revenue, Property Assessment Division, P.O. Box 8018, Helena, Montana 59604-8018.
(6) A taxpayer may purchase copies of any portion of the manual for $.50 per page by sending a written request to the Department of Revenue, Property Assessment Division, P.O. Box 8018, Helena, Montana 59604-8018.
(6) (7) This rule applies to tax years January 1, 2009, through December 31, 2014.
AUTH: 15-1-201, 15-7-111, MCA
IMP: 15-7-111, MCA
REASONABLE NECESSITY: The department is proposing to amend ARM 42.18.122 to reflect the usability of the 2008 Montana Appraisal Manual for valuing residential land and improvements, commercial land and improvements, industrial land and improvements, and new construction for the reappraisal cycle beginning January 1, 2009 and ending December 31, 2014.
4. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to: Cleo Anderson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-5828; fax (406) 444-4375; or e-mail canderson@mt.gov and must be received no later than September 3, 2010.
5. Cleo Anderson, Department of Revenue, Director's Office, has been designated to preside over and conduct the hearing.
6. An electronic copy of this Notice of Public Hearing is available through the department's site on the World Wide Web at www.mt.gov/revenue, under "for your reference"; "DOR administrative rules"; and "upcoming events and proposed rule changes." The department strives to make the electronic copy of this Notice of Public Hearing conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the department strives to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.
7. The Department of Revenue maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding particular subject matter or matters. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the person in 4 above or faxed to the office at (406) 444-4375, or may be made by completing a request form at any rules hearing held by the Department of Revenue.
8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.
/s/ Cleo Anderson /s/ Dan R. Bucks
CLEO ANDERSON DAN R. BUCKS
Rule Reviewer Director of Revenue
Certified to Secretary of State July 19, 2010
