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1 | - | LAWRENCE J. HOGAN, JR., Governor Ch. 133 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 133 | |
5 | - | (Senate Bill 201) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | *sb0201* | |
8 | 9 | ||
9 | - | State Department of Assessments and Taxation – Property Appraisal Aids and | |
10 | - | Record Retention | |
11 | - | (Microfilm to Digital Act of 2022) | |
10 | + | SENATE BILL 201 | |
11 | + | Q1 2lr0098 | |
12 | + | (PRE–FILED) | |
13 | + | By: Chair, Budget and Taxation Committee (By Request – Departmental – | |
14 | + | Assessments and Taxation) | |
15 | + | Requested: October 5, 2021 | |
16 | + | Introduced and read first time: January 12, 2022 | |
17 | + | Assigned to: Budget and Taxation | |
18 | + | Committee Report: Favorable | |
19 | + | Senate action: Adopted | |
20 | + | Read second time: February 2, 2022 | |
12 | 21 | ||
13 | - | FOR the purpose of altering the requirement that the State Department of Assessments | |
14 | - | and Taxation prepare, install, and maintain certain property appraisal aids; | |
15 | - | authorizing the Department to retain property records in an electronic medium and | |
16 | - | transfer property records to the State Archives for retention; and generally relating | |
17 | - | to property records. | |
22 | + | CHAPTER ______ | |
18 | 23 | ||
19 | - | BY repealing and reenacting, with amendments, | |
20 | - | Article – Tax – Property | |
21 | - | Section 2–210 through 2–212 | |
22 | - | Annotated Code of Maryland | |
23 | - | (2019 Replacement Volume and 2021 Supplement) | |
24 | + | AN ACT concerning 1 | |
24 | 25 | ||
25 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
26 | - | That the Laws of Maryland read as follows: | |
26 | + | State Department of Assessments and Taxation – Property Appraisal Aids and 2 | |
27 | + | Record Retention 3 | |
28 | + | (Microfilm to Digital Act of 2022) 4 | |
27 | 29 | ||
28 | - | Article – Tax – Property | |
30 | + | FOR the purpose of altering the requirement that the State Department of Assessments 5 | |
31 | + | and Taxation prepare, install, and maintain certain property appraisal aids; 6 | |
32 | + | authorizing the Department to retain property records in an electronic medium and 7 | |
33 | + | transfer property records to the State Archives for retention; and generally relating 8 | |
34 | + | to property records. 9 | |
29 | 35 | ||
30 | - | 2–210. | |
36 | + | BY repealing and reenacting, with amendments, 10 | |
37 | + | Article – Tax – Property 11 | |
38 | + | Section 2–210 through 2–212 12 | |
39 | + | Annotated Code of Maryland 13 | |
40 | + | (2019 Replacement Volume and 2021 Supplement) 14 | |
31 | 41 | ||
32 | - | (a) The Department shall prepare, install, and maintain for each county a | |
33 | - | complete record of properties, with appropriate indexes and cross indexes, and a system of | |
34 | - | appraisal aids that consist of: | |
42 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15 | |
43 | + | That the Laws of Maryland read as follows: 16 | |
35 | 44 | ||
36 | - | ||
45 | + | Article – Tax – Property 17 | |
37 | 46 | ||
38 | - | (2)] property location maps; AND | |
47 | + | 2–210. 18 | |
48 | + | 2 SENATE BILL 201 | |
39 | 49 | ||
40 | - | [(3) land classification maps; | |
41 | 50 | ||
42 | - | (4) unit value maps; and | |
51 | + | (a) The Department shall prepare, install, and maintain for each county a 1 | |
52 | + | complete record of properties, with appropriate indexes and cross indexes, and a system of 2 | |
53 | + | appraisal aids that consist of: 3 | |
43 | 54 | ||
44 | - | ( | |
55 | + | (1) [property description cards; 4 | |
45 | 56 | ||
46 | - | ( | |
57 | + | (2)] property location maps; AND 5 | |
47 | 58 | ||
48 | - | ( | |
59 | + | [(3) land classification maps; 6 | |
49 | 60 | ||
50 | - | ||
61 | + | (4) unit value maps; and 7 | |
51 | 62 | ||
52 | - | ( | |
63 | + | (5)] (2) records of: 8 | |
53 | 64 | ||
54 | - | ( | |
65 | + | (i) new construction; 9 | |
55 | 66 | ||
56 | - | (b) (1) The Department shall publish instructions and directions that set forth | |
57 | - | generally the duties to be performed and the procedures to be followed in making and | |
58 | - | recording assessments. | |
67 | + | (ii) sales; 10 | |
59 | 68 | ||
60 | - | (2) The instructions and directions shall be distributed to the governing | |
61 | - | body of each county, all assessment officers, and any official who has any duty that relates | |
62 | - | to assessments. | |
69 | + | (iii) building costs; and 11 | |
63 | 70 | ||
64 | - | (c) The Director shall establish and provide all forms for notices, records, reports, | |
65 | - | and other matters that relate to the functions of supervisors and assessors. | |
71 | + | (iv) private appraisals. 12 | |
66 | 72 | ||
67 | - | 2–211. | |
73 | + | (b) (1) The Department shall publish instructions and directions that set forth 13 | |
74 | + | generally the duties to be performed and the procedures to be followed in making and 14 | |
75 | + | recording assessments. 15 | |
68 | 76 | ||
69 | - | (a) (1) Each supervisor shall keep a record of all real property assessments [in | |
70 | - | the county]. | |
77 | + | (2) The instructions and directions shall be distributed to the governing 16 | |
78 | + | body of each county, all assessment officers, and any official who has any duty that relates 17 | |
79 | + | to assessments. 18 | |
71 | 80 | ||
72 | - | (2) The record shall be arranged alphabetically, according to owners, by | |
73 | - | election district or subdistrict, taxing district, or assessment area. However, the supervisor | |
74 | - | may arrange the record: | |
81 | + | (c) The Director shall establish and provide all forms for notices, records, reports, 19 | |
82 | + | and other matters that relate to the functions of supervisors and assessors. 20 | |
75 | 83 | ||
76 | - | (i) listing the real properties in lot and block order by subdivisions, | |
77 | - | if the record also contains an alphabetical index that shows the page where the accounts | |
78 | - | listed may be located; | |
84 | + | 2–211. 21 | |
79 | 85 | ||
80 | - | ( | |
81 | - | ||
86 | + | (a) (1) Each supervisor shall keep a record of all real property assessments [in 22 | |
87 | + | the county]. 23 | |
82 | 88 | ||
83 | - | (iii) in an electronic medium. | |
89 | + | (2) The record shall be arranged alphabetically, according to owners, by 24 | |
90 | + | election district or subdistrict, taxing district, or assessment area. However, the supervisor 25 | |
91 | + | may arrange the record: 26 | |
84 | 92 | ||
85 | - | (b) (1) Each account in the record shall show for the real property: | |
93 | + | (i) listing the real properties in lot and block order by subdivisions, 27 | |
94 | + | if the record also contains an alphabetical index that shows the page where the accounts 28 | |
95 | + | listed may be located; 29 | |
96 | + | SENATE BILL 201 3 | |
86 | 97 | ||
87 | - | (i) the name and address of the owner; | |
88 | 98 | ||
89 | - | (ii) a brief description of the property; | |
99 | + | (ii) in Baltimore City, by wards and by blocks that correspond, as far 1 | |
100 | + | as possible, to the block numbers used in the Baltimore City Circuit Court records; or 2 | |
90 | 101 | ||
91 | - | (iii) | |
102 | + | (iii) in an electronic medium. 3 | |
92 | 103 | ||
93 | - | (iv) the general location of the property including a deed or will | |
94 | - | reference and any tax map reference; and | |
104 | + | (b) (1) Each account in the record shall show for the real property: 4 | |
95 | 105 | ||
96 | - | ( | |
106 | + | (i) the name and address of the owner; 5 | |
97 | 107 | ||
98 | - | ||
108 | + | (ii) a brief description of the property; 6 | |
99 | 109 | ||
100 | - | | |
110 | + | (iii) the specific location of the property; 7 | |
101 | 111 | ||
102 | - | 2. any improvement on the land. | |
112 | + | (iv) the general location of the property including a deed or will 8 | |
113 | + | reference and any tax map reference; and 9 | |
103 | 114 | ||
104 | - | (2) The details of land and improvements on the land that have been | |
105 | - | valued at different amounts shall be recorded on the respective worksheet [or card]. | |
115 | + | (v) the assessment of: 10 | |
106 | 116 | ||
107 | - | (3) The Department shall include with each property record a note | |
108 | - | describing: | |
117 | + | 1. the land; and 11 | |
109 | 118 | ||
110 | - | (i) any reduction in an assessment resulting from an order or | |
111 | - | decision of a property tax assessment appeals board, the Maryland Tax Court, or any other | |
112 | - | court issued on or after October 1, 2014; and | |
119 | + | 2. any improvement on the land. 12 | |
113 | 120 | ||
114 | - | ( | |
115 | - | ||
121 | + | (2) The details of land and improvements on the land that have been 13 | |
122 | + | valued at different amounts shall be recorded on the respective worksheet [or card]. 14 | |
116 | 123 | ||
117 | - | (c) The record shall be rewritten periodically and the current record and prior | |
118 | - | records shall be retained. However, except for a record that contains current values, any | |
119 | - | record may be [microfilmed] RETAINED IN AN ELECTRONIC MED IUM as provided by | |
120 | - | State law and the original destroyed. The [microfilm] ELECTRONIC RECORD shall be the | |
121 | - | permanent record. THE DEPARTMENT MAY PERIOD ICALLY TRANSFER PROP ERTY | |
122 | - | RECORDS TO THE STATE ARCHIVES FOR RETENTIO N, INCLUDING PROPERTY | |
123 | - | RECORD CARDS . | |
124 | + | (3) The Department shall include with each property record a note 15 | |
125 | + | describing: 16 | |
124 | 126 | ||
125 | - | ( | |
126 | - | ||
127 | - | ||
127 | + | (i) any reduction in an assessment resulting from an order or 17 | |
128 | + | decision of a property tax assessment appeals board, the Maryland Tax Court, or any other 18 | |
129 | + | court issued on or after October 1, 2014; and 19 | |
128 | 130 | ||
129 | - | (e) Copies of the assessment record shall be made available to the public at a | |
130 | - | reasonable cost. If the Department approves of the purpose for which the information is | |
131 | - | requested, the Department may make available to the public, at a reasonable cost, copies | |
132 | - | of data processing tapes or other magnetic media containing the record of the assessment | |
133 | - | records. | |
131 | + | (ii) the specific reason for the reduction, if the board or court 20 | |
132 | + | indicates in its order or decision the reason for the reduction. 21 | |
134 | 133 | ||
135 | - | (f) (1) If the accuracy or completeness of information used to assess real | |
136 | - | property is disputed by the owner of the real property or if the owner has additional | |
137 | - | information that the owner believes is relevant to the value of the real property, the owner | |
138 | - | may file a brief statement containing the nature of the dispute or the additional | |
139 | - | information. | |
134 | + | (c) The record shall be rewritten periodically and the current record and prior 22 | |
135 | + | records shall be retained. However, except for a record that contains current values, any 23 | |
136 | + | record may be [microfilmed] RETAINED IN AN ELECTRONIC MED IUM as provided by 24 | |
137 | + | State law and the original destroyed. The [microfilm] ELECTRONIC RECORD shall be the 25 | |
138 | + | permanent record. THE DEPARTMENT MAY PERIOD ICALLY TRANSFER PROP ERTY 26 | |
139 | + | RECORDS TO THE STATE ARCHIVES FOR RETENTIO N, INCLUDING PROPERTY 27 | |
140 | + | RECORD CARDS . 28 | |
140 | 141 | ||
141 | - | (2) The supervisor shall retain the statement as part of the assessment | |
142 | - | record. | |
142 | + | (d) The record IN THE CUSTODY OF TH E DEPARTMENT and prior records IN 29 | |
143 | + | THE CUSTODY OF THE STATE ARCHIVES shall be available for public inspection without 30 | |
144 | + | charge. 31 4 SENATE BILL 201 | |
143 | 145 | ||
144 | - | 2–212. Ch. 133 2022 LAWS OF MARYLAND | |
145 | 146 | ||
146 | - | – 4 – | |
147 | 147 | ||
148 | - | (a) Personal property assessment records: | |
148 | + | (e) Copies of the assessment record shall be made available to the public at a 1 | |
149 | + | reasonable cost. If the Department approves of the purpose for which the information is 2 | |
150 | + | requested, the Department may make available to the public, at a reasonable cost, copies 3 | |
151 | + | of data processing tapes or other magnetic media containing the record of the assessment 4 | |
152 | + | records. 5 | |
149 | 153 | ||
150 | - | (1) shall be maintained and arranged in alphabetical order according to the | |
151 | - | owner by county, election district, taxing district, or assessment area; AND | |
154 | + | (f) (1) If the accuracy or completeness of information used to assess real 6 | |
155 | + | property is disputed by the owner of the real property or if the owner has additional 7 | |
156 | + | information that the owner believes is relevant to the value of the real property, the owner 8 | |
157 | + | may file a brief statement containing the nature of the dispute or the additional 9 | |
158 | + | information. 10 | |
152 | 159 | ||
153 | - | (2) MAY BE RETAINED IN AN ELECTRONIC MEDIUM . | |
160 | + | (2) The supervisor shall retain the statement as part of the assessment 11 | |
161 | + | record. 12 | |
154 | 162 | ||
155 | - | ||
163 | + | 2–212. 13 | |
156 | 164 | ||
157 | - | ( | |
165 | + | (a) Personal property assessment records: 14 | |
158 | 166 | ||
159 | - | (2) the value of the personal property. | |
167 | + | (1) shall be maintained and arranged in alphabetical order according to the 15 | |
168 | + | owner by county, election district, taxing district, or assessment area; AND 16 | |
160 | 169 | ||
161 | - | ( | |
170 | + | (2) MAY BE RETAINED IN AN ELECTRONIC MED IUM. 17 | |
162 | 171 | ||
163 | - | (1) the property owner or the property taxpayer if different from the owner, | |
164 | - | for the personal property; or | |
172 | + | (b) Each record shall contain: 18 | |
165 | 173 | ||
166 | - | (2) an officer of the State, a county, or a municipal corporation that is | |
167 | - | affected by the personal property assessment. | |
174 | + | (1) a brief description of the nature of the personal property; and 19 | |
168 | 175 | ||
169 | - | (d) The Department may allow a commercial bank to have access to personal | |
170 | - | property returns for the limited purpose of assisting in the collection of filing fees through | |
171 | - | a lockbox system. | |
176 | + | (2) the value of the personal property. 20 | |
172 | 177 | ||
173 | - | (E) THE DEPARTMENT MAY PERIOD ICALLY TRANSFER PROP ERTY RECORDS | |
174 | - | TO THE STATE ARCHIVES FOR RETENTIO N. | |
178 | + | (c) A personal property assessment record may be inspected only by: 21 | |
175 | 179 | ||
176 | - | | |
177 | - | ||
180 | + | (1) the property owner or the property taxpayer if different from the owner, 22 | |
181 | + | for the personal property; or 23 | |
178 | 182 | ||
179 | - | Approved by the Governor, April 12, 2022. | |
183 | + | (2) an officer of the State, a county, or a municipal corporation that is 24 | |
184 | + | affected by the personal property assessment. 25 | |
185 | + | ||
186 | + | (d) The Department may allow a commercial bank to have access to personal 26 | |
187 | + | property returns for the limited purpose of assisting in the collection of filing fees through 27 | |
188 | + | a lockbox system. 28 | |
189 | + | ||
190 | + | (E) THE DEPARTMENT MAY PERIOD ICALLY TRANSFER PROP ERTY RECORDS 29 | |
191 | + | TO THE STATE ARCHIVES FOR RETENTIO N. 30 | |
192 | + | SENATE BILL 201 5 | |
193 | + | ||
194 | + | ||
195 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 1 | |
196 | + | October 1, 2022. 2 | |
197 | + | ||
198 | + | ||
199 | + | ||
200 | + | Approved: | |
201 | + | ________________________________________________________________________________ | |
202 | + | Governor. | |
203 | + | ________________________________________________________________________________ | |
204 | + | President of the Senate. | |
205 | + | ________________________________________________________________________________ | |
206 | + | Speaker of the House of Delegates. |