Maryland 2022 2022 Regular Session

Maryland House Bill HB69 Chaptered / Bill

Filed 06/07/2022

                     LAWRENCE J. HOGAN, JR., Governor Ch. 644 
 
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Chapter 644 
(House Bill 69) 
 
AN ACT concerning 
 
State Department of Assessments and Taxation – Real Property Assessments 
and Appeals 
 
FOR the purpose of requiring the State Department of Assessments and Taxation to 
publish on the Department’s website certain information relating to the assessment 
process and methodology used by the Department in determining the value of real 
property; allowing certain authorities authorized to hear property tax appeals to 
consider certain criteria when hearing an appeal that relates to the valuation of real 
property; requiring an appeal authority to notify, within a certain number of days 
after a certain decision of the appeal authority regarding commercial real property, 
the governing body of a county and municipal corporation in which the property is 
located; and generally relating to the State Department of Assessments and 
Taxation, property assessments, and appeals. 
 
BY adding to 
 Article – Tax – Property 
Section 2–218.2 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2021 Supplement) 
 
BY repealing and reenacting, with amendments, 
 Article – Tax – Property 
Section 14–516 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2021 Supplement) 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Tax – Property 
 
2–218.2. 
 
 THE DEPARTMENT SHALL PUBL ISH ON THE DEPARTMENT ’S WEBSITE A PLAIN 
LANGUAGE DESCRIPTION OF THE FOLLOWING : 
 
 (1) THE METHODOLOGY APPL IED IN THE VALUATION AND 
ASSESSMENT PROCESS ; 
  Ch. 644 	2022 LAWS OF MARYLAND  
 
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 (2) ANY ADJUSTMENTS IN V ALUE THAT AN ASSESSO R IS AUTHORIZED 
TO MAKE;  
 
 (3) THE CRITERIA USED TO DETERMINE THE DEPREC IATION VALUE 
OF REAL PROPERTY ;  
 
 (4) THE CIRCUMSTANCES UN DER WHICH THE DEPARTMENT IS 
REQUIRED TO REVALUE REAL PROPERTY IN ANY YEAR OF A 3–YEAR CYCLE; AND 
 
 (5) ANY OTHER FACTORS RE LEVANT TO THE VALUAT ION OF REAL 
PROPERTY BY THE DEPARTMENT . 
 
14–516. 
 
 (a) In this section, “appeal authority” includes: 
 
 (1) a supervisor; 
 
 (2) the Department; 
 
 (3) a property tax assessment appeal board; 
 
 (4) the Maryland Tax Court; and 
 
 (5) any other court authorized to hear property tax appeals under this 
subtitle. 
 
 (B) IN HEARING AN APPEAL UN DER THIS SUBTITLE TH AT RELATES TO THE 
VALUE OF REAL PROPER TY, AN APPEAL AUTHORITY MAY CONSIDER THE FOL LOWING 
CRITERIA IN MAKING I TS FINAL DECISION : 
 
 (1) THE FAIR MARKET VALU E OF THE REAL PROPER TY; 
 
 (2) THE VALUATION AND AS SESSMENT METHODOLOGY EMPLOYED BY 
THE ASSESSOR; 
 
 (3) DEPRECIATION FACTORS ; OR 
 
 (4) THE ASSESSMENT VALUE OF COMPARABLE PROPER TIES; OR 
 
 (5) ANY OTHER CRITERIA R ELATED TO THE VALUAT ION AND 
ASSESSMENT OF REAL P ROPERTY. 
   LAWRENCE J. HOGAN, JR., Governor Ch. 644 
 
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 (C) (1) WITHIN 10 DAYS AFTER A DECISIO N BY AN APPEAL AUTHORITY 
THAT REDUCES THE VAL UE OF COMMERCIAL REA L PROPERTY BY MORE T HAN 20%, 
THE APPEAL AUTHORITY SHALL NOTIFY THE GOV ERNING BODY OF THE C OUNTY AND 
MUNICIPAL CORPORATIO N IN WHICH THE PROPE RTY IS LOCATED OF TH E DECISION. 
 
 (2) NOTWITHSTANDING A NY OTHER PROVISIONS OF THIS SUBTITLE , 
WITHIN 90 DAYS AFTER RECEIVING NOTICE FROM THE APPE AL AUTHORITY UNDER 
PARAGRAPH (1) OF THIS SUBSECTION , THE GOVERNING BODY O F THE COUNTY OR 
MUNICIPAL CORPORATIO N MAY APPEAL TO THE APPROPRIATE APPEAL A UTHORITY.  
 
 [(b)] (C) (D) (1) Subject to paragraph (2) of this subsection, within 30 days after 
the Department provides notice to a tax collector to whom property tax was paid that an 
appeal authority has issued a decision that reduces the assessed value of property, the tax 
collector shall pay to the taxpayer a full refund of the excess tax paid. 
 
 (2) The notice required under paragraph (1) of this subsection shall include 
a list of all properties for which an appeal authority has calculated that a taxpayer is due 
a refund as a result of a decision by the appeal authority to reduce the assessed value of 
the property. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 
October 1, 2022. 
 
Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.