Wyoming 2025 Regular Session

Wyoming Senate Bill SF0161 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2025
2	2	STATE OF WYOMING
3	3	25LSO-06821SF0161
4	4	SENATE FILE NO. SF0161
5	5	Residential property-acquisition value.
6	6	Sponsored by: Senator(s) McKeown, Biteman, French,
7	7	Hutchings, Ide, Laursen, D, Pearson, Salazar
8	8	and Smith, D
9	9	A BILL
10	10	for
11	11	1 AN ACT relating to ad valorem taxation; establishing a
12	12	2 rebuttable presumption in favor of acquisition value for
13	13	3 specified real property; establishing fair market value of
14	14	4 residential real property based on the date the property
15	15	5 was last acquired; clarifying the use, disclosure and
16	16	6 confidentiality of sworn statements for specified real
17	17	7 property; providing definitions; making conforming
18	18	8 amendments; requiring rulemaking; and providing for
19	19	9 effective dates.
20	20	10
21	21	11
22	22	12
23	23	13W.S. 34-1-142(d), (e) and by creating a
24	24	14 new subsection (j), 39-11-101(a)(vi), (xvii)(intro), by
25	25	15 creating a new subparagraph (C) and by renumbering 2025STATE OF WYOMING25LSO-06822SF0161
26	26	1 subparagraph (C) as (D), 39-11-102(c)(xv) and (d)(i),
27	27	2 39-11-102.1(c)(ii) and (iii), 39-11-109(b)(iv),
28	28	3 39-13-102(n), 39-13-103(b)(ii), (iii)(intro), by creating a
29	29	4 new subparagraph (C), by renumbering subparagraph (C) as
30	30	5 (D), (vi) through (viii) and by creating a new paragraph
31	31	6 (xviii) and 39-13-109(b)(i) are amended to read:
32	32	7
33	33	8
34	34	9
35	35	10
36	36	11 (d) Except as provided in subsection (j) of this
37	37	12he sworn statements shall be used by the county
38	38	13 assessors and the state board of equalization and the
39	39	14 department of revenue along with other statements filed
40	40	15 only as data in a collection of statistics which shall be
41	41	16 used collectively in determining sales-price ratios by
42	42	17 county. An individual statement shall not, by itself, be
43	43	18 used by the county assessor to adjust the assessed value of
44	44	19 any individual property.
45	45	20
46	46	21 (e) Except as provided in subsection (j) of this
47	47	22he statement is not a public record and shall be
48	48	23 held confidential by the county clerk, county assessor, 2025STATE OF WYOMING25LSO-06823SF0161
49	49	1 county board of equalization, the state board of
50	50	2 equalization and the department of revenue. A statement may
51	51	3 be disclosed pursuant to W.S. 39-13-109(a)(i) to any person
52	52	4 wishing to review or contest his property tax assessment or
53	53	5 valuation. The statement shall not be subject to discovery
54	54	6 in any other county or state proceeding.
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67	67	19 (a) As used in this act unless otherwise specifically
68	68	20 provided:
69	69	21
70	70	22 (vi) "Fair market value" means the amount in
71	71	23 cash, or terms reasonably equivalent to cash, a well 2025STATE OF WYOMING25LSO-06824SF0161
72	72	1 informed buyer is justified in paying for a property and a
73	73	2 well informed seller is justified in accepting, assuming
74	74	3 neither party to the transaction is acting under undue
75	75	4 compulsion, and assuming the property has been offered in
76	76	5 the open market for a reasonable time, except, fair market
77	77	6 value of agricultural land shall be determined as provided
78	78	7 by W.S. 39-13-103(b)(x), fair market value of residential
79	79	8
80	80	9 and fair market value of mine products
81	81	10 shall be determined as provided by W.S. 39-14-103(b),
82	82	11 39-14-203(b), 39-14-303(b), 39-14-403(b), 39-14-503(b),
83	83	12 39-14-603(b) and 39-14-703(b);
84	84	13
85	85	14 (xvii) "Taxable value" means a percent of the
86	86	15 fair market value of
87	87	16 property in a particular class as follows:
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91	91	20
92	92	21
93	93	22 2025STATE OF WYOMING25LSO-06825SF01611 (D) All other property, real and
94	94	2 personal, including property valued and assessed under W.S.
95	95	3 39-13-102(m)(vi) and (ix), nine and one-half percent
96	96	4 (9.5%).
97	97	5
98	98	6
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101	101	9 (c) In addition to the other powers and duties
102	102	10 imposed by law, the department shall:
103	103	11
104	104	12 (xv) Prescribe the system of establishing the
105	105	13 fair market value of all
106	106	14 property valued for property taxation to ensure that all
107	107	15 property within a class is uniformly valued. The county
108	108	16 assessor and the facilities of his office, together with
109	109	17 the deputy assessors and clerical assistants in each
110	110	18 county, at the direction of the department, shall give full
111	111	19 aid in the installation of the prescribed system in the
112	112	20 county. The county shall also furnish the necessary
113	113	21 supplies and records for installing the system;
114	114	22 2025STATE OF WYOMING25LSO-06826SF01611 (d) The following shall be adopted in accordance with
115	115	2 the requirements and procedures of the Wyoming
116	116	3 Administrative Procedure Act:
117	117	4
118	118	5 (i) Adoption of any manual, formula, method or
119	119	6 system to be used to determine the fair market value
120	120	7 of property for tax purposes;
121	121	8
122	122	9
123	123	10
124	124	11
125	125	12 (c) The state board of equalization shall perform the
126	126	13 duties specified in article 15, section 10 of the Wyoming
127	127	14 constitution and shall hear appeals from county boards of
128	128	15 equalization and review final decisions of the department
129	129	16 upon application of any interested person adversely
130	130	17 affected, including boards of county commissioners for the
131	131	18 purposes of this subsection, under the contested case
132	132	19 procedures of the Wyoming Administrative Procedure Act.
133	133	20 Upon request of a county board of equalization providing
134	134	21 compelling reasons to do so, the state board of
135	135	22 equalization may accept a case certified directly to the
136	136	23 state board of equalization pursuant to rules adopted by 2025STATE OF WYOMING25LSO-06827SF0161
137	137	1 the state board of equalization. The state board of
138	138	2 equalization shall accept a case certified directly to the
139	139	3 state board of equalization that involves property that may
140	140	4 subject a county to tax liability as provided in W.S.
141	141	5 39-13-102(c)(iv). The board shall also review final
142	142	6 decisions of the department of transportation concerning
143	143	7 the assessment or application of taxes authorized under
144	144	8 this title upon application of any interested person
145	145	9 adversely affected. Any interested person adversely
146	146	10 affected by the adoption, amendment or repeal of a rule
147	147	11 pursuant to W.S. 16-3-103(a) shall be afforded an
148	148	12 opportunity for a hearing before the board. In addition,
149	149	13 the board shall:
150	150	14
151	151	15 (ii) Prescribe the form for the abstract of the
152	152	16 assessment roll, examine and compare the abstracts of the
153	153	17 counties and equalize the same, so that all taxable
154	154	18 property in the state is assessed at its fair market value,
155	155	19 and to that end shall add to or deduct from the aggregate
156	156	20 valuation of the property, or any class or classes of
157	157	21 property, in any county such percent as will bring the same
158	158	22 to its fair market value. When any assessed valuation is to
159	159	23 be increased or decreased, the board shall provide not less 2025STATE OF WYOMING25LSO-06828SF0161
160	160	1 than twenty (20) days notice of the proposed action to the
161	161	2 county board of equalization and county assessor of the
162	162	3 county in which the property is situated. If requested, the
163	163	4 state board of equalization shall provide an opportunity
164	164	5 for a hearing for the county board of equalization and
165	165	6 assessor of the affected county. The hearing shall be held
166	166	7 in the affected county. After a hearing, if requested, the
167	167	8 county board of equalization shall take the necessary
168	168	9 action to effectuate the action taken by the state board of
169	169	10 equalization. The state board of equalization shall certify
170	170	11 the valuation to be used for all tax levies on or before
171	171	12 the first Monday in August. The board shall communicate its
172	172	13 equalization actions to the department, along with any
173	173	14 recommendations for improved work practices of county
174	174	15 assessors. This paragraph shall not apply to residential
175	175	16;
176	176	17
177	177	18 (iii) When in the opinion of the board, it would
178	178	19 be of assistance in equalizing values under paragraph (ii)
179	179	20 of this subsection, the board may require any county
180	180	21 assessor to furnish statements showing assessments of the
181	181	22 property of any person within the county. The board shall
182	182	23 consider and equalize county assessments under paragraph 2025STATE OF WYOMING25LSO-06829SF0161
183	183	1 (ii) of this subsection and may increase or decrease
184	184	2 assessments returned by the county board of equalization
185	185	3 when the property so assessed appears to be over-valued or
186	186	4 under-valued, first giving notice to those persons
187	187	5 affected. The notice shall fix a time and place of hearing.
188	188	6 Any affected person may appeal from the decision of the
189	189	7 board to the district court of the county in which the
190	190	8 property is situated. This paragraph shall not apply to
191	191	9
192	192	10;
193	193	11
194	194	12
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196	196	14 (b) Appeals. The following shall apply:
197	197	15
198	198	16 (iv) In any appeal to the board authorized by
199	199	17 this section, the taxpayer may present any credible
200	200	18 evidence, including expert opinion testimony, to rebut the
201	201	19 presumption in favor of a valuation asserted by the
202	202	20 department.
203	203	21
204	204	22
205	205	23 2025STATE OF WYOMING25LSO-068210SF0161
206	206	1 The board shall make specific findings and conclusions as
207	207	2 to the evidence presented.
208	208	3
209	209	4
210	210	5
211	211	6 (n) Following determination of the fair market value
212	212	7
213	213	8 shall notify the taxpayer by mail or, if offered by the
214	214	9 department and upon request of the taxpayer, by electronic
215	215	10 transmission of the assessed value. The person assessed may
216	216	11 file written objections to the assessment with the board
217	217	12 within thirty (30) days of the date of postmark or the date
218	218	13 of electronic transmission, whichever is earlier, and
219	219	14 appear before the board at a time specified by the board.
220	220	15 For purposes of this subsection, if a written objection is
221	221	16 mailed or sent by electronic transmission by the person
222	222	17 assessed, it shall be deemed timely filed if it is
223	223	18 postmarked or transmitted not later than thirty (30) days
224	224	19 after the mailing or electronic transmission of the
225	225	20 notification of the assessed value. The person assessed
226	226	21 shall also file a copy of the written objections with the
227	227	22 county treasurer of the county in which the property is
228	228	23 located, who shall notify the county assessor and the board 2025STATE OF WYOMING25LSO-068211SF0161
229	229	1 of county commissioners, with an estimate of the tax amount
230	230	2 under appeal based upon the previous year's tax levy.
231	231	3
232	232	4
233	233	5
234	234	6 (b) Basis of tax. The following shall apply:
235	235	7
236	236	8 (ii) All taxable property shall be annually
237	237	9 valued at its fair market value or other value required by
238	238	10
239	239	11 property, the department shall prescribe by rule and
240	240	12 regulation the appraisal methods and systems for
241	241	13 determining fair market value using generally accepted
242	242	14 appraisal standards;
243	243	15
244	244	16 (iii) Beginning January 1, 1989, axable value"
245	245	17 means a percent of the fair market value
246	246	18 of property in a particular class as
247	247	19 follows:
248	248	20
249	249	21
250	250	22 2025STATE OF WYOMING25LSO-068212SF0161
251	251	1
252	252	2
253	253	3
254	254	4 (D) All other property, real and
255	255	5 personal, nine and one-half percent (9.5%).
256	256	6
257	257	7 (vi) Each deputy county assessor upon completing
258	258	8 the assessment of property within the district assigned to
259	259	9 him shall immediately deliver all books, records, schedules
260	260	10 and lists to the county assessor and make and subscribe the
261	261	11 following oath: "I, ...., deputy assessor in and for
262	262	12 district No. ...., county of ...., State of Wyoming, do
263	263	13 solemnly swear (or affirm), that I have obtained from every
264	264	14 person within the district, the lists and schedules
265	265	15 required by law, and have received the lists and schedules
266	266	16 according to law, from every person in the district; that I
267	267	17 have carefully examined each of the lists and schedules,
268	268	18 and have revised and corrected the lists when necessary;
269	269	19 that I have to the best of my knowledge and ability valued
270	270	20 the property in the lists and schedules at its fair market
271	271	21 value as required by law; that in no case
272	272	22 have I knowingly omitted to perform any duty required of me
273	273	23 by law and have not, in any way, connived at any evasion or 2025STATE OF WYOMING25LSO-068213SF0161
274	274	1 violation of any of the requirements of law in relation to
275	275	2 the listing and valuation of property.";
276	276	3
277	277	4 (vii) The county assessor shall enter in books
278	278	5 furnished for that purpose, from the tax schedule, the
279	279	6 enumeration and fair market value
280	280	7 of all taxable property assessed by him or
281	281	8 his deputies. The county assessor shall enter the names of
282	282	9 persons against whom property is assessed in the county
283	283	10 assessment roll in alphabetical order. On or before the
284	284	11 fourth Monday in April, or as soon thereafter as is
285	285	12 practicable, the county assessor shall send all assessment
286	286	13 schedules to taxpayers by mail at their last known address
287	287	14 or, if offered by the county and upon request of the
288	288	15 taxpayer, by electronic transmission, and return the county
289	289	16 assessment roll enumerating the property and value assessed
290	290	17 by him or his deputies to the board of county commissioners
291	291	18 together with a list stating the assessed value of taxable
292	292	19 property within each school district, municipality or
293	293	20 special district in the county;
294	294	21
295	295	22 (viii) Every assessment schedule sent to a
296	296	23 taxpayer shall contain the property's estimated fair market 2025STATE OF WYOMING25LSO-068214SF0161
297	297	1 value for the current and
298	298	2 previous year, or, productive value in the case of
299	299	3 agricultural property. The schedule shall also contain the
300	300	4 assessment ratio as provided by paragraph (b)(iii) of this
301	301	5 section for the taxable property, the amount of taxes
302	302	6 assessed on the taxable property from the previous year,
303	303	7 and an estimate of the taxes which will be due and payable
304	304	8 for the current year based on the previous year's mill
305	305	9 levies and, if the property is a single family residential
306	306	10 structure, an estimate of the taxes that will be avoided if
307	307	11 the property is eligible for the exemptions under W.S.
308	308	12 39-11-105(a)(xliii) and (xliv). The schedule shall contain
309	309	13 a statement of the process to contest assessments as
310	310	14 prescribed by W.S. 39-13-109(b)(i);
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445	445	17 (b) Appeals. The following shall apply:
446	446	18
447	447	19 (i) Any person wishing to contest an assessment
448	448	20 of his property shall file not later than thirty (30) days
449	449	21 after the date of the assessment schedule properly sent
450	450	22 pursuant to W.S. 39-13-103(b)(vii), a statement with the
451	451	23 county assessor specifying the reasons why the assessment 2025STATE OF WYOMING25LSO-068221SF0161
452	452	1 is incorrect. For purposes of this paragraph, if a
453	453	2 statement of reasons is mailed or sent by electronic
454	454	3 transmission by the person assessed, it shall be deemed
455	455	4 timely filed if it is postmarked or transmitted not later
456	456	5 than thirty (30) days after the mailing or the electronic
457	457	6 transmission of the notification of the assessment
458	458	7 schedule. The county assessor shall provide a copy to the
459	459	8 county clerk as clerk of the county board of equalization.
460	460	9 The county assessor and the person contesting the
461	461	10 assessment, or his agent, shall disclose witnesses and
462	462	11 exchange information, evidence and documents relevant to
463	463	12 the appeal, including sales information from relevant
464	464	13 statements of consideration if requested, no later than
465	465	14 thirty (30) days prior to the scheduled county board of
466	466	15 equalization hearing. The assessor shall specifically
467	467	16 identify the sales information used to determine market
468	468	17 value of the property under appeal. A county board of
469	469	18 equalization may receive evidence relative to any
470	470	19 assessment and may require the person assessed or his agent
471	471	20 or attorney to appear before it, be examined and produce
472	472	21 any documents relating to the assessment. The appeal may be
473	473	22 dismissed if any person willfully neglects or refuses to
474	474	23 attend a meeting of a county board of equalization and be 2025STATE OF WYOMING25LSO-068222SF0161
475	475	1 examined or answer any material question upon the board's
476	476	2 request. The state board of equalization shall adopt rules
477	477	3 to be followed by any county board of equalization when
478	478	4 conducting appeals under this subsection. All hearings
479	479	5 shall be conducted in accordance with the rules adopted by
480	480	6 the state board of equalization. Each hearing shall be
481	481	7 recorded electronically or by a court reporter or a
482	482	8 qualified stenographer or transcriptionist. The taxpayer
483	483	9 may present any evidence that is relevant, material or not
484	484	10 repetitious, including expert opinion testimony, to rebut
485	485	11 the presumption in favor of a valuation asserted by the
486	486	12 county assessor
487	487	13. The county attorney or his
488	488	14 designee may represent the county board or the assessor,
489	489	15 but not both. The assessor may be represented by an
490	490	16 attorney and the board may hire a hearing officer. All
491	491	17 deliberations of the board shall be in public. The county
492	492	18 board of equalization may affirm the assessor's valuation
493	493	19 or find in favor of the taxpayer and remand the case back
494	494	20 to the assessor. The board shall make specific written
495	495	21 findings and conclusions as to the evidence presented not
496	496	22 later than October 1 of each year;
497	497	23 2025STATE OF WYOMING25LSO-068223SF01611. The state board of equalization and the
498	498	2 department of revenue shall promulgate all rules necessary
499	499	3 to implement this act not later than January 1, 2026.
500	500	4
501	501	5.
502	502	6
503	503	7 (a) Except as otherwise provided in subsection (b) of
504	504	8 this section,
505	505	9 completion of all acts necessary for a bill to become law
506	506	10 as provided by Article 4, Section 8 of the Wyoming
507	507	11 Constitution.
508	508	12
509	509	13 (b) Section 1 of this act is effective January 1,
510	510	14 2026.
511	511	15 (END)