BEFORE THE Department of REVENUE

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 42.18.121 pertaining to updates of the Montana Reappraisal Plan and Classification and Valuation Manuals

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On November 4, 2022, the Department of Revenue published MAR Notice No. 42-1062 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 2174 of the 2022 Montana Administrative Register, Issue Number 21.

 

2. On November 28, 2022, the department held a public hearing to consider the proposed amendment. The only attendee at the hearing was Robert Story, Executive Director of the Montana Taxpayers Association (Montax). Mr. Story also provided written comments on behalf of Montax.

 

3. The department has amended ARM 42.18.121 as proposed.

 

4. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

 

COMMENT 1: Mr. Story provided commentary in general support of the rulemaking because the manuals adopted and incorporated by reference in the rule clarify and improve public understanding of a complex process and the department's policies and procedures in the manuals generally implement the law as intended.

 

RESPONSE 1: The department thanks Mr. Story and Montax for their support and involvement in this rulemaking.

 

COMMENT 2: Mr. Story commented that there is a typographical error in the department's uniform economic condition factors (ECF) formula found on pages 15 and 21 of the current and proposed Montana Residential, Commercial, and Industrial Property Classification and Valuation Manual.

The formula is displayed as:

 

 

The correct residential ECF formula should be:

 

 

 

RESPONSE 2: The department thanks Mr. Story for his valuable input and correction. Based on these comments, the department has revised the residential ECF formula on pages 15 and 21 of the Montana Residential, Commercial, and Industrial Property Classification and Valuation Manual upon adoption.

 

 

/s/ Todd Olson                                      /s/ David R. Stewart for                         

Todd Olson                                           Brendan Beatty

Rule Reviewer                                       Director of Revenue

 

Certified to the Secretary of State January 3, 2023.