Property tax catastrophic event.

2016
State of Wyoming
16LSO-0186
Introduced
1.2

HOUSE BILL

NO.

HB0083

Property tax catastrophic event.

Sponsored by:
Representative(s) Kroeker and Senator(s) Case

A BILL

for

AN ACT relating to ad valorem taxation; providing for a reduction or refund of taxes for a catastrophic event that significantly reduces the assessed value of property as specified; providing an appeal process; providing a definition; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 39
‑
13
‑
109(
b)
(i)
and (c) by creating a new paragraph (vi)
is
amended to read:

39
‑
13
‑
109
.

Taxpayer remedies.

(b)

Appeals. The following shall apply:

(i)

A
ny person wishing to contest an assessment of his property shall file not later than thirty (30) days after the date of the assessment schedule properly sent pursuant to W.S. 39
‑
13
‑
103(
b)(vii),
or not later than
fifteen (15
) days after notice of the
reassessment under
paragraph
(c)(vi) of this section,

a statement with the county assessor specifying the reasons why the assessment is incorrect. The county assessor shall provide a copy to the county clerk as clerk of the county board of equalization. The county assessor and the person contesting the assessment, or his agent, shall disclose witnesses and exchange information, evidence and documents relevant to the appeal, including sales information from relevant statements of consideration if requested, no later than thirty (30) days prior to the scheduled county board of equalization hearing. The assessor shall specifically identify the sales information used to determine market value of the property under appeal. A county board of equalization may receive evidence relative to any assessment and may require the person assessed or his agent
or attorney to appear before it, be examined and produce any documents relating to the assessment. The appeal may be dismissed if any person willfully neglects or refuses to attend a meeting of a county board of equalization and be examined or answer any material question upon the board's request. The state board of equalization shall adopt rules to be followed by any county board of equalization when conducting appeals under this subsection. All hearings shall be conducted in accordance with the rules adopted by the state board of equalization. Each hearing shall be recorded electronically or by a court reporter or a qualified stenographer or transcriptionist. The taxpayer may present any evidence that is relevant, material or not repetitious, including expert opinion testimony, to rebut the presumption in favor of a valuation asserted by the county assessor. The county attorney or his designee may represent the county board or the assessor, but not both. The assessor may be represented by an attorney and the board may hire a hearing officer. All deliberations of the board shall be in public. The county board of equalization may affirm the assessor's valuation or find in favor of the taxpayer and remand the case back to the assessor. The
board shall make specific written findings and conclusions as to the evidence presented not later than October 1 of each year;

(c)

Refunds. The following shall apply:

(vi)

If property
under W.S. 39
‑
13
‑
103(
b)(iii)(C)
,
valued as of January 1 under W.S. 39
‑
13
‑
103(b)(i)(A)
,
is damaged by a catastrophic event
in that calendar year
to the extent that the assessed value of the property
reasonably appears to be
significantly reduced, the owner of the property may apply to the county assessor
within thirty (30) days of the catastrophic event
for a reassessment of the property. Not later than thirty (30) days after receiving an application under this section, the county assessor
shall reassess the property,
determine the assessed value of the property following the catastrophic event
and notify the owner of the determination
. If the county assessor determines that the value of the property was significantly reduced, the owner is entitled to tax relief of a
credit on
taxes owed or a refund of taxes paid
as provided by this paragraph. The tax
relief shall be in an amount
equal to the difference in the tax due
from the assessed value under W.S. 39
‑
13
‑
416(
b)(i)(A)

and the tax due
pursuant to the newly assessed value
under this paragraph
for the proportionate part of the year remaining at the time of the catastrophic event, computed to the closest full month. The property owner may appeal the assessed value determined under this paragraph as provided in
paragraph
(b
)(
i) of this section. As used in this
paragraph
, "significantly reduced" means a reduction in the assessed value of the property of ten percent (10%) or more.

Section
2
.

This
act is effective J
anuary 1, 2017
.

(END)

1
HB0083