Wyoming 2025 2025 Regular Session

Wyoming House Bill HB0282 Introduced / Bill

Filed 01/23/2025

                    2025
STATE OF WYOMING
25LSO-03051HB0282
HOUSE BILL NO. HB0282
Property tax-acquisition value.
Sponsored by: Representative(s) Locke, Allemand, Banks, 
Bear, Brady, Guggenmos, Heiner, Johnson, 
Knapp, Lien, Lucas, Pendergraft, Rodriguez-
Williams, Smith, S, Styvar, Tarver and 
Wharff and Senator(s) Ide, Laursen, D and 
Smith, D
A BILL
for
1 AN ACT relating to ad valorem taxation; establishing a 
2 rebuttable presumption in favor of acquisition value for 
3 specified real property; clarifying the use, disclosure and 
4 confidentiality of sworn statements for specified real 
5 property; providing definitions; making conforming 
6 amendments; requiring rulemaking; and providing for 
7 effective dates.
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11W.S. 34-1-142(d), (e) and by creating a 
12 new subsection (j), 39-11-101(a)(vi), (xvii)(intro) by 
13 creating a new subparagraph (C) and by renumbering  2025STATE OF WYOMING25LSO-03052HB0282
1 subparagraph (C) as (D), 39-11-102(c)(xv) and (d)(i), 
2 39-11-102.1(c)(ii) and (iii), 39-11-109(b)(iv), 
3 39-13-102(n), 39-13-103(b)(ii), (iii)(intro), by creating a 
4 new subparagraph (C), by renumbering subparagraph (C) as 
5 (D), (vi) through (viii) and by creating a new paragraph 
6 (xviii) and 39-13-109(b)(i) are amended to read:
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11 (d)  Except as provided in subsection (j) of this 
12he sworn statements shall be used by the county 
13 assessors and the state board of equalization and the 
14 department of revenue along with other statements filed 
15 only as data in a collection of statistics which shall be 
16 used collectively in determining sales-price ratios by 
17 county. An individual statement shall not, by itself, be 
18 used by the county assessor to adjust the assessed value of 
19 any individual property.
20
21 (e)  Except as provided in subsection (j) of this 
22he statement is not a public record and shall be 
23 held confidential by the county clerk, county assessor,  2025STATE OF WYOMING25LSO-03053HB0282
1 county board of equalization, the state board of 
2 equalization and the department of revenue. A statement may 
3 be disclosed pursuant to W.S. 39-13-109(a)(i) to any person 
4 wishing to review or contest his property tax assessment or 
5 valuation. The statement shall not be subject to discovery 
6 in any other county or state proceeding.
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19 (a)  As used in this act unless otherwise specifically 
20 provided:
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22 (vi)  "Fair market value" means the amount in 
23 cash, or terms reasonably equivalent to cash, a well  2025STATE OF WYOMING25LSO-03054HB0282
1 informed buyer is justified in paying for a property and a 
2 well informed seller is justified in accepting, assuming 
3 neither party to the transaction is acting under undue 
4 compulsion, and assuming the property has been offered in 
5 the open market for a reasonable time, except, fair market 
6 value of agricultural land shall be determined as provided 
7 by W.S. 39-13-103(b)(x), fair market value of residential 
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9 and fair market value of mine products 
10 shall be determined as provided by W.S. 39-14-103(b), 
11 39-14-203(b), 39-14-303(b), 39-14-403(b), 39-14-503(b), 
12 39-14-603(b) and 39-14-703(b);
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14 (xvii)  "Taxable value" means a percent of the 
15 fair market value  of 
16 property in a particular class as follows:
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22 2025STATE OF WYOMING25LSO-03055HB02821	(D) All other property, real and 
2 personal, including property valued and assessed under W.S. 
3 39-13-102(m)(vi) and (ix), nine and one-half percent 
4 (9.5%).
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9 (c)  In addition to the other powers and duties 
10 imposed by law, the department shall:
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12 (xv)  Prescribe the system of establishing the 
13 fair market value  of all 
14 property valued for property taxation to ensure that all 
15 property within a class is uniformly valued. The county 
16 assessor and the facilities of his office, together with 
17 the deputy assessors and clerical assistants in each 
18 county, at the direction of the department, shall give full 
19 aid in the installation of the prescribed system in the 
20 county. The county shall also furnish the necessary 
21 supplies and records for installing the system;
22 2025STATE OF WYOMING25LSO-03056HB02821 (d)  The following shall be adopted in accordance with 
2 the requirements and procedures of the Wyoming 
3 Administrative Procedure Act:
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5 (i)  Adoption of any manual, formula, method or 
6 system to be used to determine the fair market value 
7 of property for tax purposes;
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12 (c)  The state board of equalization shall perform the 
13 duties specified in article 15, section 10 of the Wyoming 
14 constitution and shall hear appeals from county boards of 
15 equalization and review final decisions of the department 
16 upon application of any interested person adversely 
17 affected, including boards of county commissioners for the 
18 purposes of this subsection, under the contested case 
19 procedures of the Wyoming Administrative Procedure Act. 
20 Upon request of a county board of equalization providing 
21 compelling reasons to do so, the state board of 
22 equalization may accept a case certified directly to the 
23 state board of equalization pursuant to rules adopted by  2025STATE OF WYOMING25LSO-03057HB0282
1 the state board of equalization. The state board of 
2 equalization shall accept a case certified directly to the 
3 state board of equalization that involves property that may 
4 subject a county to tax liability as provided in W.S. 
5 39-13-102(c)(iv). The board shall also review final 
6 decisions of the department of transportation concerning 
7 the assessment or application of taxes authorized under 
8 this title upon application of any interested person 
9 adversely affected. Any interested person adversely 
10 affected by the adoption, amendment or repeal of a rule 
11 pursuant to W.S. 16-3-103(a) shall be afforded an 
12 opportunity for a hearing before the board. In addition, 
13 the board shall:
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15 (ii)  Prescribe the form for the abstract of the 
16 assessment roll, examine and compare the abstracts of the 
17 counties and equalize the same, so that all taxable 
18 property in the state is assessed at its fair market value, 
19 and to that end shall add to or deduct from the aggregate 
20 valuation of the property, or any class or classes of 
21 property, in any county such percent as will bring the same 
22 to its fair market value. When any assessed valuation is to 
23 be increased or decreased, the board shall provide not less  2025STATE OF WYOMING25LSO-03058HB0282
1 than twenty (20) days notice of the proposed action to the 
2 county board of equalization and county assessor of the 
3 county in which the property is situated. If requested, the 
4 state board of equalization shall provide an opportunity 
5 for a hearing for the county board of equalization and 
6 assessor of the affected county. The hearing shall be held 
7 in the affected county. After a hearing, if requested, the 
8 county board of equalization shall take the necessary 
9 action to effectuate the action taken by the state board of 
10 equalization. The state board of equalization shall certify 
11 the valuation to be used for all tax levies on or before 
12 the first Monday in August. The board shall communicate its 
13 equalization actions to the department, along with any 
14 recommendations for improved work practices of county 
15 assessors. This paragraph shall not apply to residential 
16;
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18 (iii)  When in the opinion of the board, it would 
19 be of assistance in equalizing values under paragraph (ii) 
20 of this subsection, the board may require any county 
21 assessor to furnish statements showing assessments of the 
22 property of any person within the county. The board shall 
23 consider and equalize county assessments under paragraph  2025STATE OF WYOMING25LSO-03059HB0282
1 (ii) of this subsection and may increase or decrease 
2 assessments returned by the county board of equalization 
3 when the property so assessed appears to be over-valued or 
4 under-valued, first giving notice to those persons 
5 affected. The notice shall fix a time and place of hearing. 
6 Any affected person may appeal from the decision of the 
7 board to the district court of the county in which the 
8 property is situated. This paragraph shall not apply to 
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10;
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14 (b)  Appeals.  The following shall apply:
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16 (iv)  In any appeal to the board authorized by 
17 this section, the taxpayer may present any credible 
18 evidence, including expert opinion testimony, to rebut the 
19 presumption in favor of a valuation asserted by the 
20 department. 
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23  2025STATE OF WYOMING25LSO-030510HB0282
1 The board shall make specific findings and conclusions as 
2 to the evidence presented.
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6 (n)  Following determination of the fair market value 
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8 shall notify the taxpayer by mail or, if offered by the 
9 department and upon request of the taxpayer, by electronic 
10 transmission of the assessed value. The person assessed may 
11 file written objections to the assessment with the board 
12 within thirty (30) days of the date of postmark or the date 
13 of electronic transmission, whichever is earlier, and 
14 appear before the board at a time specified by the board. 
15 For purposes of this subsection, if a written objection is 
16 mailed or sent by electronic transmission by the person 
17 assessed, it shall be deemed timely filed if it is 
18 postmarked or transmitted not later than thirty (30) days 
19 after the mailing or electronic transmission of the 
20 notification of the assessed value. The person assessed 
21 shall also file a copy of the written objections with the 
22 county treasurer of the county in which the property is 
23 located, who shall notify the county assessor and the board  2025STATE OF WYOMING25LSO-030511HB0282
1 of county commissioners, with an estimate of the tax amount 
2 under appeal based upon the previous year's tax levy.
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6 (b)  Basis of tax.  The following shall apply:
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8 (ii)  All taxable property shall be annually 
9 valued at its fair market value or other value required by 
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11 property, the department shall prescribe by rule and 
12 regulation the appraisal methods and systems for 
13 determining fair market value using generally accepted 
14 appraisal standards;
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16 (iii)  Beginning January 1, 1989, axable value" 
17 means a percent of the fair market value 
18 of property in a particular class as 
19 follows:
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22 2025STATE OF WYOMING25LSO-030512HB0282
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4	(D) All other property, real and 
5 personal, nine and one-half percent (9.5%).
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7 (vi)  Each deputy county assessor upon completing 
8 the assessment of property within the district assigned to 
9 him shall immediately deliver all books, records, schedules 
10 and lists to the county assessor and make and subscribe the 
11 following oath: "I, ...., deputy assessor in and for 
12 district No. ...., county of ...., State of Wyoming, do 
13 solemnly swear (or affirm), that I have obtained from every 
14 person within the district, the lists and schedules 
15 required by law, and have received the lists and schedules 
16 according to law, from every person in the district; that I 
17 have carefully examined each of the lists and schedules, 
18 and have revised and corrected the lists when necessary; 
19 that I have to the best of my knowledge and ability valued 
20 the property in the lists and schedules at its fair market 
21 value  as required by law; that in no case 
22 have I knowingly omitted to perform any duty required of me 
23 by law and have not, in any way, connived at any evasion or  2025STATE OF WYOMING25LSO-030513HB0282
1 violation of any of the requirements of law in relation to 
2 the listing and valuation of property.";
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4 (vii)  The county assessor shall enter in books 
5 furnished for that purpose, from the tax schedule, the 
6 enumeration and fair market value 
7 of all taxable property assessed by him or 
8 his deputies. The county assessor shall enter the names of 
9 persons against whom property is assessed in the county 
10 assessment roll in alphabetical order. On or before the 
11 fourth Monday in April, or as soon thereafter as is 
12 practicable, the county assessor shall send all assessment 
13 schedules to taxpayers by mail at their last known address 
14 or, if offered by the county and upon request of the 
15 taxpayer, by electronic transmission, and return the county 
16 assessment roll enumerating the property and value assessed 
17 by him or his deputies to the board of county commissioners 
18 together with a list stating the assessed value of taxable 
19 property within each school district, municipality or 
20 special district in the county;
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22 (viii)  Every assessment schedule sent to a 
23 taxpayer shall contain the property's estimated fair market  2025STATE OF WYOMING25LSO-030514HB0282
1 value  for the current and 
2 previous year, or, productive value in the case of 
3 agricultural property. The schedule shall also contain the 
4 assessment ratio as provided by paragraph (b)(iii) of this 
5 section for the taxable property, the amount of taxes 
6 assessed on the taxable property from the previous year, 
7 and an estimate of the taxes which will be due and payable 
8 for the current year based on the previous year's mill 
9 levies. The schedule shall contain a statement of the 
10 process to contest assessments as prescribed by W.S. 
11 39-13-109(b)(i);
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8 (b)  Appeals.  The following shall apply:
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10 (i)  Any person wishing to contest an assessment 
11 of his property shall file not later than thirty (30) days 
12 after the date of the assessment schedule properly sent 
13 pursuant to W.S. 39-13-103(b)(vii), a statement with the 
14 county assessor specifying the reasons why the assessment 
15 is incorrect. For purposes of this paragraph, if a 
16 statement of reasons is mailed or sent by electronic 
17 transmission by the person assessed, it shall be deemed 
18 timely filed if it is postmarked or transmitted not later 
19 than thirty (30) days after the mailing or the electronic 
20 transmission of the notification of the assessment 
21 schedule. The county assessor shall provide a copy to the 
22 county clerk as clerk of the county board of equalization. 
23 The county assessor and the person contesting the  2025STATE OF WYOMING25LSO-030522HB0282
1 assessment, or his agent, shall disclose witnesses and 
2 exchange information, evidence and documents relevant to 
3 the appeal, including sales information from relevant 
4 statements of consideration if requested, no later than 
5 thirty (30) days prior to the scheduled county board of 
6 equalization hearing. The assessor shall specifically 
7 identify the sales information used to determine market 
8 value of the property under appeal. A county board of 
9 equalization may receive evidence relative to any 
10 assessment and may require the person assessed or his agent 
11 or attorney to appear before it, be examined and produce 
12 any documents relating to the assessment. The appeal may be 
13 dismissed if any person willfully neglects or refuses to 
14 attend a meeting of a county board of equalization and be 
15 examined or answer any material question upon the board's 
16 request. The state board of equalization shall adopt rules 
17 to be followed by any county board of equalization when 
18 conducting appeals under this subsection. All hearings 
19 shall be conducted in accordance with the rules adopted by 
20 the state board of equalization. Each hearing shall be 
21 recorded electronically or by a court reporter or a 
22 qualified stenographer or transcriptionist. The taxpayer 
23 may present any evidence that is relevant, material or not  2025STATE OF WYOMING25LSO-030523HB0282
1 repetitious, including expert opinion testimony, to rebut 
2 the presumption in favor of a valuation asserted by the 
3 county assessor 
4. The county attorney or his 
5 designee may represent the county board or the assessor, 
6 but not both. The assessor may be represented by an 
7 attorney and the board may hire a hearing officer. All 
8 deliberations of the board shall be in public. The county 
9 board of equalization may affirm the assessor's valuation 
10 or find in favor of the taxpayer and remand the case back 
11 to the assessor. The board shall make specific written 
12 findings and conclusions as to the evidence presented not 
13 later than October 1 of each year;
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15The state board of equalization and the 
16 department of revenue shall promulgate all rules necessary 
17 to implement this act not later than January 1, 2026.
18 2025STATE OF WYOMING25LSO-030524HB02821.  
2
3 (a)  Except as otherwise provided in subsection (b) of 
4 this section, 
5 completion of all acts necessary for a bill to become law 
6 as provided by Article 4, Section 8 of the Wyoming 
7 Constitution.
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9 (b)  Section 1 of this act is effective January 1, 
10 2026.
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12 (END)