Wyoming 2025 2025 Regular Session

Wyoming House Bill HB0282 Engrossed / Bill

Filed 02/06/2025

                    2025
STATE OF WYOMING
25LSO-0305
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1HB0282
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) and 
13 (C), 39-11-102(c)(xv) and (d)(i), 39-11-109(b)(iv),  2025STATE OF WYOMING25LSO-0305
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1 39-13-102(n), 39-13-103(b)(ii), (iii)(intro), (C), (vi) 
2 through (viii) and by creating a new paragraph (xviii) and 
3 39-13-109(b)(i) are amended to read:
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8 (d)  
9he sworn statements shall be used by the county 
10 assessors and the state board of equalization and the 
11 department of revenue along with other statements filed 
12 only as data in a collection of statistics which shall be 
13 used collectively in determining sales-price ratios by 
14 county. An individual statement shall not, by itself, be 
15 used by the county assessor to adjust the assessed value of 
16 any individual property.
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18 (e)  Except as provided in subsection (j) of this 
19he statement is not a public record and shall be 
20 held confidential by the county clerk, county assessor, 
21 county board of equalization, the state board of 
22 equalization and the department of revenue. A statement may 
23 be disclosed pursuant to W.S. 39-13-109(a)(i) to any person  2025STATE OF WYOMING25LSO-0305
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1 wishing to review or contest his property tax assessment or 
2 valuation. The statement shall not be subject to discovery 
3 in any other county or state proceeding.
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16 (a)  As used in this act unless otherwise specifically 
17 provided:
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19 (vi)  "Fair market value" means the amount in 
20 cash, or terms reasonably equivalent to cash, a well 
21 informed buyer is justified in paying for a property and a 
22 well informed seller is justified in accepting, assuming 
23 neither party to the transaction is acting under undue  2025STATE OF WYOMING25LSO-0305
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1 compulsion, and assuming the property has been offered in 
2 the open market for a reasonable time, except, fair market 
3 value of agricultural land shall be determined as provided 
4 by W.S. 39-13-103(b)(x), fair market value of residential 
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6 and fair market value of mine products 
7 shall be determined as provided by W.S. 39-14-103(b), 
8 39-14-203(b), 39-14-303(b), 39-14-403(b), 39-14-503(b), 
9 39-14-603(b) and 39-14-703(b);
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11 (xvii)  "Taxable value" means a percent of the 
12 fair market value  of 
13 property in a particular class as follows:
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15 (C)  All other property, real and personal, 
16 including property valued and assessed under W.S. 
17 39-13-102(m)(vi) and (ix), nine and one-half percent 
18 (9.5%), provided that the value of residential real 
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2 (c)  In addition to the other powers and duties 
3 imposed by law, the department shall:
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5 (xv)  Prescribe the system of establishing the 
6 fair market value  of all 
7 property valued for property taxation to ensure that all 
8 property within a class is uniformly valued. The county 
9 assessor and the facilities of his office, together with 
10 the deputy assessors and clerical assistants in each 
11 county, at the direction of the department, shall give full 
12 aid in the installation of the prescribed system in the 
13 county. The county shall also furnish the necessary 
14 supplies and records for installing the system;
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16 (d)  The following shall be adopted in accordance with 
17 the requirements and procedures of the Wyoming 
18 Administrative Procedure Act:
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20 (i)  Adoption of any manual, formula, method or 
21 system to be used to determine the fair market value 
22 of property for tax purposes;
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3 (b)  Appeals.  The following shall apply:
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5 (iv)  In any appeal to the board authorized by 
6 this section, the taxpayer may present any credible 
7 evidence, including expert opinion testimony, to rebut the 
8 presumption in favor of a valuation asserted by the 
9 department. 
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13 The board shall make specific findings and conclusions as 
14 to the evidence presented.
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18 (n)  Following determination of the fair market value 
19 of property the department 
20 shall notify the taxpayer by mail or, if offered by the 
21 department and upon request of the taxpayer, by electronic 
22 transmission of the assessed value. The person assessed may 
23 file written objections to the assessment with the board  2025STATE OF WYOMING25LSO-0305
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1 within thirty (30) days of the date of postmark or the date 
2 of electronic transmission, whichever is earlier, and 
3 appear before the board at a time specified by the board. 
4 For purposes of this subsection, if a written objection is 
5 mailed or sent by electronic transmission by the person 
6 assessed, it shall be deemed timely filed if it is 
7 postmarked or transmitted not later than thirty (30) days 
8 after the mailing or electronic transmission of the 
9 notification of the assessed value. The person assessed 
10 shall also file a copy of the written objections with the 
11 county treasurer of the county in which the property is 
12 located, who shall notify the county assessor and the board 
13 of county commissioners, with an estimate of the tax amount 
14 under appeal based upon the previous year's tax levy.
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18 (b)  Basis of tax.  The following shall apply:
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20 (ii)  All taxable property shall be annually 
21 valued at its fair market value or other value required by 
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23 property, the department shall prescribe by rule and  2025STATE OF WYOMING25LSO-0305
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1 regulation the appraisal methods and systems for 
2 determining fair market value using generally accepted 
3 appraisal standards;
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5 (iii)  Beginning January 1, 1989, T
6 means a percent of the fair market value 
7 of property in a particular class as 
8 follows:
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10 (C)  All other property, real and personal, 
11 nine and one-half percent (9.5%), provided that the value 
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15 (vi)  Each deputy county assessor upon completing 
16 the assessment of property within the district assigned to 
17 him shall immediately deliver all books, records, schedules 
18 and lists to the county assessor and make and subscribe the 
19 following oath: "I, ...., deputy assessor in and for 
20 district No. ...., county of ...., State of Wyoming, do 
21 solemnly swear (or affirm), that I have obtained from every 
22 person within the district, the lists and schedules 
23 required by law, and have received the lists and schedules  2025STATE OF WYOMING25LSO-0305
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1 according to law, from every person in the district; that I 
2 have carefully examined each of the lists and schedules, 
3 and have revised and corrected the lists when necessary; 
4 that I have to the best of my knowledge and ability valued 
5 the property in the lists and schedules at its fair market 
6 value  as required by law; that in no case 
7 have I knowingly omitted to perform any duty required of me 
8 by law and have not, in any way, connived at any evasion or 
9 violation of any of the requirements of law in relation to 
10 the listing and valuation of property.";
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12 (vii)  The county assessor shall enter in books 
13 furnished for that purpose, from the tax schedule, the 
14 enumeration and fair market value 
15 of all taxable property assessed by him or 
16 his deputies. The county assessor shall enter the names of 
17 persons against whom property is assessed in the county 
18 assessment roll in alphabetical order. On or before the 
19 fourth Monday in April, or as soon thereafter as is 
20 practicable, the county assessor shall send all assessment 
21 schedules to taxpayers by mail at their last known address 
22 or, if offered by the county and upon request of the 
23 taxpayer, by electronic transmission, and return the county  2025STATE OF WYOMING25LSO-0305
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10HB0282
1 assessment roll enumerating the property and value assessed 
2 by him or his deputies to the board of county commissioners 
3 together with a list stating the assessed value of taxable 
4 property within each school district, municipality or 
5 special district in the county;
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7 (viii)  Every assessment schedule sent to a 
8 taxpayer shall contain the property's estimated fair market 
9 value  for the current and 
10 previous year, or, productive value in the case of 
11 agricultural property. The schedule shall also contain the 
12 assessment ratio as provided by paragraph (b)(iii) of this 
13 section for the taxable property, the amount of taxes 
14 assessed on the taxable property from the previous year, 
15 and an estimate of the taxes which will be due and payable 
16 for the current year based on the previous year's mill 
17 levies. The schedule shall contain a statement of the 
18 process to contest assessments as prescribed by W.S. 
19 39-13-109(b)(i);
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15 (b)  Appeals.  The following shall apply:
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17 (i)  Any person wishing to contest an assessment 
18 of his property shall file not later than thirty (30) days 
19 after the date of the assessment schedule properly sent 
20 pursuant to W.S. 39-13-103(b)(vii), a statement with the 
21 county assessor specifying the reasons why the assessment 
22 is incorrect. For purposes of this paragraph, if a 
23 statement of reasons is mailed or sent by electronic  2025STATE OF WYOMING25LSO-0305
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18HB0282
1 transmission by the person assessed, it shall be deemed 
2 timely filed if it is postmarked or transmitted not later 
3 than thirty (30) days after the mailing or the electronic 
4 transmission of the notification of the assessment 
5 schedule. The county assessor shall provide a copy to the 
6 county clerk as clerk of the county board of equalization. 
7 The county assessor and the person contesting the 
8 assessment, or his agent, shall disclose witnesses and 
9 exchange information, evidence and documents relevant to 
10 the appeal, including sales information from relevant 
11 statements of consideration if requested, no later than 
12 thirty (30) days prior to the scheduled county board of 
13 equalization hearing. The assessor shall specifically 
14 identify the sales information used to determine market 
15 value of the property under appeal. A county board of 
16 equalization may receive evidence relative to any 
17 assessment and may require the person assessed or his agent 
18 or attorney to appear before it, be examined and produce 
19 any documents relating to the assessment. The appeal may be 
20 dismissed if any person willfully neglects or refuses to 
21 attend a meeting of a county board of equalization and be 
22 examined or answer any material question upon the board's 
23 request. The state board of equalization shall adopt rules  2025STATE OF WYOMING25LSO-0305
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19HB0282
1 to be followed by any county board of equalization when 
2 conducting appeals under this subsection. All hearings 
3 shall be conducted in accordance with the rules adopted by 
4 the state board of equalization. Each hearing shall be 
5 recorded electronically or by a court reporter or a 
6 qualified stenographer or transcriptionist. The taxpayer 
7 may present any evidence that is relevant, material or not 
8 repetitious, including expert opinion testimony, to rebut 
9 the presumption in favor of a valuation asserted by the 
10 county assessor 
11. The county attorney or his 
12 designee may represent the county board or the assessor, 
13 but not both. The assessor may be represented by an 
14 attorney and the board may hire a hearing officer. All 
15 deliberations of the board shall be in public. The county 
16 board of equalization may affirm the assessor's valuation 
17 or find in favor of the taxpayer and remand the case back 
18 to the assessor. The board shall make specific written 
19 findings and conclusions as to the evidence presented not 
20 later than October 1 of each year;
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20HB02821The state board of equalization and the 
2 department of revenue shall promulgate all rules necessary 
3 to implement this act not later than January 1, 2026.
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7 (a)  Except as otherwise provided in subsection (b) of 
8 this section, 
9 completion of all acts necessary for a bill to become law 
10 as provided by Article 4, Section 8 of the Wyoming 
11 Constitution.
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13 (b)  Section 1 of this act is effective January 1, 
14 2026.
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16 (END)