Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF REVENUE

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 42.19.1401, 42.19.1403, 42.19.1404, 42.19.1407, and 42.19.1412, and the repeal of ARM 42.19.1402, 42.19.1408, 42.19.1409, 42.19.1410, and 42.19.1411 pertaining to tax increment financing districts

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT AND REPEAL

TO: All Concerned Persons

1. On November 26, 2018, at 2:30 p.m., the Department of Revenue will hold a public hearing in the Third Floor Reception Area Conference Room of the Sam W. Mitchell Building, located at 125 North Roberts, Helena, Montana, to consider the proposed amendment and repeal of the above-stated rules. The conference room is most readily accessed by entering through the east doors of the building.

2. The Department of Revenue will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, please advise the department of the nature of the accommodation needed, no later than 5 p.m. on November 9, 2018. Please contact Todd Olson, Department of Revenue, Director's Office, PO Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or email at todd.olson@mt.gov.

3. GENERAL STATEMENT OF REASONABLE NECESSITY. The department proposes amending and repealing rules in ARM Title 42, chapter 19, subchapter 14 to reorganize the subchapter, eliminate redundancies and unnecessary language, combine relevant and similar language for efficiency, and provide additional procedural guidance for local governments. The proposed actions in this notice incorporate recommendations received from the Legislative Audit Division following a recent performance audit regarding tax increment financing administration and impact. The department agreed to improve its current rules to make them more clear and concise and to make updates to ensure the rules provide better and necessary guidance to prospective and current districts. In all, the department proposes amending and repealing a total of ten rules.

While this general statement of reasonable necessity covers the basis for the following proposed rulemaking actions, it is supplemented where necessary to explain specific changes or to cover any new provisions being included in a rule that were not previously located elsewhere in an existing rule.

4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

42.19.1401 DEFINITIONS The following definitions apply to this subchapter:

(1) through (6) remain the same.

AUTH: 15-1-201, MCA

IMP: 7-15-4202, 7-15-4203, 7-15-4204, 7-15-4205, 7-15-4206, 7-15-4207, 7-15-4208, 7-15-4209, 7-15-4210, 7-15-4211, 7-15-4212, 7-15-4213, 7-15-4214, 7-15-4215, 7-15-4216, 7-15-4217, 7-15-4218, 7-15-4278, 7-15-4279, 7-15-4280, 7-15-4281, 7-15-4282, 7-15-4283, 7-15-4284, 7-15-4285, MCA

REASONABLE NECESSITY: The department proposes amending ARM 42.19.1401 to add 7-15-4285, MCA, as an implementing citation for the rule.

42.19.1403 ~~NEW~~ NOTIFICATION REQUIREMENTS FOR THE CREATION OR AMENDMENT OF AN URBAN RENEWAL ~~DISTRICTS~~ DISTRICT (URD) ~~–INFORMATION REQUIRED TO ENABLE THE DEPARTMENT TO CERTIFY BASE TAXABLE VALUE~~ (1) A local government may create or amend a URD containing a tax increment financing provision pursuant to Title 7, chapter 15, parts 42 and 43, MCA.

(2) ~~The~~ Before the department ~~will~~ can certify the base taxable value of property located within a newly created ~~URD if the department determines that the following information exists and has been provided to the department~~ or amended district, the local government must notify the department of the intent to create or amend a URD. The notification must include:

(a) the contact information for the person designated to interact with the department;

(b) the name of the district;

(d) a legal description accompanied by a map illustrating the district's proposed boundary;

(e) geospatial vector data files, if available; and

(f) confirmation that the property within the proposed district is contiguous and not included within an existing URD or TEDD district.

(3) If the local government wants the department to provide a list of the affected real, separately assessed improvements, personal and centrally assessed properties within the district, the local government must provide the notification information required in (2) to the department no later than August 1 of the desired base year. Within 60 days after receiving the notification, the department will provide the following to the designated contact:

(a) confirmation that no issues were identified with the district boundary; and

(b) a list of the affected properties.

(4) If the local government does not need the department to provide a list of the affected real, separately assessed improvements, personal and centrally assessed properties within the district, the local government must provide the notification information required in (2) to the department no later than December 1 of the desired base year.

(5) By no later than February 1 of the calendar year following the creation of the district, the local government must provide the department with the following:

~~(a) a copy of the statement of blight required under 7-15-4202, MCA, including any documentation upon which the statement of blight is based;~~

~~(b)~~ (a) a copy of the executed resolution of necessity required by 7-15-4210, MCA~~, adopting the statement of blight~~. The executed resolution must ~~have an effective date prior to the date on which the URD is created;~~ contain:

(i) an effective date prior to the date on which the URD is created; and

(ii) a statement of necessity regarding the interest of public health, morals, or welfare of the residents;

(b) the documentation (statement of blight) upon which the resolution of the necessity is based;

~~(c) a map representing the URD's boundary including a legal description of the URD;~~

~~(d) a copy of the local government's growth policy;~~

~~(e) a copy of the local government's urban renewal plan pursuant to 7-15-4212 and 7-15-4284, MCA, containing the tax increment provision;~~

~~(f)~~ (c) a copy of the local government's planning board's finding that the urban renewal plan conforms with the local government's growth policy; that includes:

(i) documentation of the adoption of the growth policy;

(ii) documentation upon which the conformance is based; and

(iii) documentation upon which the accordance with zoning is based;

~~(g)~~ (d) a copy of the published notice of public hearing required under 7-15-4215, MCA;

(e) a copy of the letter that was sent to all property owners in the district;

(f) a list of all addresses with proof of certified mailing;

(g) a list of all the geocodes, assessor codes, and centrally assessed property within the district;

(h) a ~~certified~~ copy of ~~the ordinance approving~~ the local government's urban renewal plan pursuant to 7-15-212 and 7-15-4216, MCA, containing the tax increment provision under 7-15-4216, MCA; and

(i) a ~~certified~~ copy of the ordinance ~~creating~~ adopting the urban renewal ~~district including~~ plan with the tax increment provision; pursuant to 7-15-4216 or 7-15-4284, MCA.

~~(j) the name of the URD; and~~

(k) a list of the geocodes for all real property, the assessor codes for all personal property, and a description of all centrally assessed property located within the URD at the time of its creation.

~~(2) The local government that has created the URD will provide the information described in (1) to the department when it notifies the department that the URD has been created.~~

(6) Within 20 calendar days after the department receives the documentation required in (2) and (5), the department will send notification to the local government whether the documentation is complete and correct for the desired base year.

(a) If supporting documentation submitted with the application is deficient, the department will notify the local government and request additional information.

(b) By March 1, the department must receive the local government's complete and corrected documentation to establish a base year effective January 1 of the previous year.

(c) If supporting documentation submitted with the application is complete and correct, the department will notify the local government and will report the base, actual, and incremental taxable values to the taxing jurisdictions by the first Monday in August of the calendar year following receipt of the notification in (2).

(d) If supporting documentation submitted for creation or amendment of a URD is not complete and correct, the department will report the base, actual, and incremental taxable values to the taxing jurisdictions by the first Monday in August of the calendar year following the year which the complete and correct supporting documentation is submitted to the department.

(7) All correspondence and documentation must be mailed to the Department of Revenue, Property Assessment Division at P.O. Box 8018, Helena, MT 59604-8018, or e-mailed to DORTIFinfo@mt.gov.

AUTH: 15-1-201, MCA

IMP: 7-15-4202, 7-15-4210, 7-15-4215, 7-15-4216, 7-15-4282, 7-15-4283, 7-15-4284, 7-15-4285, 15-10-202, 15-10-420, MCA

REASONABLE NECESSITY: In addition to the general statement of reasonable necessity provided at the beginning of this notice, the department proposes amending ARM 42.19.1403 to incorporate the relevant information from rules being repealed in this same notice, such as the notification and documentation requirements for local governments creating or amending urban renewal districts, to provide this information in one location.

The language proposed for (2) through (6) is new and necessary to provide clear and concise deadlines and additional documentation requirements for local governments. Specifically, the legislative auditors recommended that the department update its rules to require that local governments submit documentation demonstrating that they meet statutory requirements.

The department also proposes changing the reporting address in (7) to ensure that all communication and documentation is directed to a single location to enable the department to efficiently track the information.

The department further proposes updating the implementing citations for the rule to correspond with amendments to the rule language and proposes updating the rule catchphrase to capture the changes in the rule content.

42.19.1404 ~~NEW~~ NOTIFICATION REQUIREMENTS FOR THE CREATION OR AMENDMENT OF A TARGETED ECONOMIC DEVELOPMENT ~~DISTRICTS~~ DISTRICT (TEDD) ~~– INFORMATION REQUIRED TO ENABLE THE DEPARTMENT TO CERTIFY BASE TAXABLE VALUE~~ (1) A local government may create or amend a TEDD containing a tax increment financing provision pursuant to Title 7, chapter 15, parts 42 and 43, MCA.

(2) ~~The~~ Before the department ~~will~~ can certify the base taxable value of property located within a newly created ~~TEDD if the department determines that the following information exists and has been provided to the department~~ or amended district, the local government must notify the department of the intent to create or amend a TEDD. The notification must include:

(a) the contact information for the person designated to interact with the department;

(b) the name of the district;

(d) a legal description accompanied by a map illustrating the district's proposed boundary;

(e) geospatial vector data files, if available; and

(f) confirmation the property within the proposed district is contiguous and not included within an existing URD or TEDD district.

~~(a) a copy of the local government's finding that the property within the TEDD consists of a continuous area with an accurately described boundary;~~

~~(b) a copy of the local government's finding that the area within the TEDD is large enough to host a diversified base of multiple independent tenants;~~

~~(c) a copy of the local government's finding that the zoning within the TEDD is in accordance with the local government's growth policy as defined in 76-1-103, MCA;~~

~~(d) a copy of the local government's growth policy;~~

~~(e) a copy of the local government's finding that the property within the TEDD is not included within an existing tax increment financing district;~~

(f) a copy of the local government's finding, adopted prior to the creation of the TEDD, that the area within the TEDD is deficient in infrastructure necessary to encourage and retain value-adding industry;

~~(g) copies of all documentation upon which the local government's finding of deficiency was based;~~

~~(h) a copy of the local government's comprehensive development plan that:~~

~~(i) was adopted prior to the creation of the TEDD;~~

~~(ii) identifies the use and purpose for which the TEDD was created;~~

~~(iii) ensures that the area within the TEDD is large enough to host a diversified base of multiple tenants and was not designed to serve the need of a single tenant; and~~

~~(iv) is in conformance with the local government's growth policy;~~

~~(i)~~ ~~a copy of the notice of public hearing published in accordance with 7-1-2121, MCA, for counties or with 7-1-4127, MCA, for municipalities;~~

~~(j) a certified copy of the ordinance approving the TEDD and the tax increment financing provision pursuant to 7-15-4284, MCA;~~

~~(k) a map representing the TEDD's boundary including a legal description of the TEDD;~~

~~(l) the name of the TEDD; and~~

(m) a list of the geocodes for all real property, the assessor codes for all personal property, and a description of all centrally assessed property located within the TEDD at the time of its creation.

~~(2) The local government that has created the TEDD will provide the information described in (1) to the department when it notifies the department that the TEDD has been created.~~

(3) If the local government wants the department to provide a list of the affected real, separately assessed improvements, personal and centrally assessed properties within the district, the local government must provide the notification information required in (2) to the department no later than August 1. Within 60 days of receiving the notification, the department will provide the following to the designated contact:

(a) confirmation that no issues were identified with the district boundary; and

(b) a list of the affected properties.

(4) If the local government does not need the department to provide a list of the affected real, separately assessed improvement, personal and centrally assessed properties within the district, the local government must provide the notification information required in (2) to the department no later than December 1.

(5) By no later than February 1 of the calendar year following the creation of the district, the local government must provide the department with the following:

(a) a copy of the executed resolution of necessity required by 7-15-4279, MCA. The executed resolution must contain:

(i) an effective date prior to the date on which the TEDD was created; and

(ii) a statement of necessity regarding the interest of public health, morals, or welfare of the residents;

(b) the documentation (statement of infrastructure deficiency) upon which the resolution of necessity is based;

(c) a copy of the local government planning board's findings that the comprehensive development plan conforms with the local government's growth policy as defined in 76-1-103, MCA, that includes:

(i) documentation of the adoption of the growth policy;

(ii) documentation upon which the conformance is based;

(iii) documentation upon which the accordance with zoning is based; and

(iv) if a county is proposing to create a TEDD and does not have a growth policy, it must show that it has zoning in the proposed TEDD that is in accordance with the development pattern and the zoning regulations in the district;

(d) a copy of the published notice of public hearing required under 7-15-4215, MCA;

(e) a copy of the letter that was sent to all property taxpayers in the district;

(f) a list of all addresses with proof of certified mailing;

(g) a list of all the geocodes, assessor codes, and centrally assessed property within the district;

(h) a copy of the local government's comprehensive development plan for the district pursuant to 7-15-4279 and 7-15-4284, MCA, containing the tax increment provision; and

(i) a copy of the executed ordinance adopting the comprehensive development plan for the district with the tax increment financing provision pursuant to 7-15-4216 or 7-15-4284, MCA, that:

(i) ensures that the purpose of the district is the development of infrastructure to encourage and retain value-adding industry;

(ii) identifies the use and purpose for which the TEDD was created;

(iii) ensures that the area within the TEDD is large enough to host a diversified base of multiple tenants and was not designed to serve the need of a single tenant; and

(iv) is in conformance with the local government's growth policy.

(6) Within 20 calendar days after the department receives the required documentation in (2) and (5), the department will send notification to the local government whether the documentation is complete and correct for the desired base year.

(a) If supporting documentation submitted with the application is deficient, the department will notify the local government and request additional information.

(b) By March 1, the department must receive the local government's complete and corrected documentation to establish a base year effective January 1 of the previous year.

(d) If supporting documentation submitted for creation or amendment of a TEDD is not complete and correct, the department will report the base, actual, and incremental taxable values to the taxing jurisdictions by the first Monday in August of the calendar year following the year which the complete and correct supporting documentation is submitted to the department.

(7) All correspondence and documentation must be mailed to the Department of Revenue, Property Assessment Division at P.O. Box 8018, Helena, MT 59604-8018, or e-mailed to DORTIFinfo@mt.gov.

AUTH: 15-1-201, MCA

IMP: 7-15-4279, 7-15-4282, 7-15-4283, 7-15-4284, 7-15-4285, 15-10-202, 15-10-420, 76-1-103, MCA

REASONABLE NECESSITY: In addition to the general statement of reasonable necessity provided at the beginning of this notice, the department specifically proposes amending ARM 42.19.1404 to incorporate the relevant information from rules being repealed in this same notice, such as the notification and documentation requirements for local governments creating or renewing urban renewal districts, to provide this information in one location.

42.19.1407 DETERMINATION OF BASE ~~YEAR~~ AND INCREMENTAL TAXABLE VALUES OF ~~TAX INCREMENT FINANCING~~ URBAN RENEWAL DISTRICTS (URD) ~~(TIFD)~~ OR TARGETED ECONOMIC DEVELOPMENT DISTRICTS (TEDD) (1) The department will determine the:

(a) base ~~year~~ taxable value for ~~the TIFD will be determined as follows:~~ a URD or TEDD as the taxable value of all property located within the district, exclusive of any Title 15, chapter 24, MCA, locally approved abatement reductions, as of January 1 of the base year established in accordance with ARM 42.19.1403(6) and 42.19.1404(6); and

(a) If the notice or supporting documentation, or both, required by ARM 42.19.1403 and 42.19.1404 is received by the department on or before February 1 of the calendar year following the creation of a valid TIFD, the department will determine the base year taxable value of the district as of January 1 of the calendar year in which the valid TIFD was created.

(b) If the notice or supporting documentation, or both, required by ARM 42.19.1403 and 42.19.1404 is received after February 1 of the calendar year following the creation of a valid TIFD, the department will calculate the base year taxable value of the district as of January 1 of the year in which the documentation was received. In these instances, the base year will be reported to the affected taxing jurisdictions by the first Monday in August of the calendar year following receipt of the notification.

(c) The department will calculate base taxable values using the total taxable value of all property within a TIFD prior to the application of any local abatement identified in Title 15, chapter 24, MCA.

~~(d)~~ (b) ~~The department will calculate~~ incremental taxable ~~values~~ value by subtracting the base taxable value identified in ~~(1)(c)~~ (1)(a) from the total taxable value of all property within the ~~TIFD after the application of any local abatements identified in Title 15, chapter 24, MCA~~ district.

(2) The incremental value of a ~~TIFD~~ district cannot be less than zero.

(3) The department will report the base, actual, and incremental taxable values to all affected taxing jurisdictions by the first Monday of August each year when the department certifies values pursuant to 15-10-202, MCA.

(4) A URD or TEDD may include one or more levy districts. If a URD or TEDD includes more than one levy district, the department will apportion the base taxable value and the incremental taxable value between the levy districts by apportioning the base taxable value and the incremental taxable value to each levy district according to its contribution to the total taxable value of the URD or TEDD.

(5) A local government that amends the boundaries or makes changes within a valid URD or TEDD, pursuant to the provisions of Title 7, chapter 15, parts 42 and 43, MCA, shall follow the process described in ARM 42.19.1403 or 42.19.1404.

(a) In cases where a boundary amendment removes property from an existing URD or TEDD:

(i) property shall be considered newly taxable pursuant to 15-10-420, MCA;

(ii) the base year and the base taxable value of the original URD or TEDD will not change; and

(iii) the total actual taxable value of the URD or TEDD will be reduced by the value of the property that has been removed from the boundary. The value of the property being removed out of the URD or TEDD will be the actual taxable value determined by the department for ad valorem tax purposes as of January 1 of the year in which the department approves the amendment. An amendment that removes property from a URD or TEDD will cause a reduction in the incremental taxable value of the URD or TEDD.

(b) In cases where a URD or TEDD boundary amendment adds new property to an existing URD or TEDD:

(i) the base year and base taxable value of the properties located within the original URD or TEDD will not change;

(ii) the base taxable value of the property being added to the URD or TEDD by the boundary amendment will be the actual taxable value determined by the department for ad valorem tax purposes as of January 1 of the year in which the department approves the amendment;

(iii) the base taxable value calculated pursuant to (ii) of the property being added to the URD or TEDD will be added to the existing base taxable value of the URD or TEDD to create the new base taxable value that shall be used to calculate the incremental taxable value of the URD or TEDD; and

(iv) the incremental value of the URD or TEDD after the boundary amendment will be calculated using the new base taxable value determined in (iii).

AUTH: 15-1-201, MCA

IMP: 15-10-202, 7-15-4284, 7-15-4285, 15-10-420, MCA

REASONABLE NECESSITY: In addition to the general statement of reasonable necessity provided at the beginning of this notice, the department proposes amending ARM 42.19.1407 to incorporate the relevant information from rules being repealed in this same notice, such as the determination of base and incremental values for urban renewal or targeted economic development districts, to provide this information in one location.

The department further proposes adding an implementing citation to correspond with amendments to the rule language and proposes updating the rule catchphrase to capture the changes in the rule content.

42.19.1412 LOCAL GOVERNMENT REPORTING REQUIREMENTS ~~OF ISSUANCE OF BONDS OR RETIREMENT OF BONDS~~ (1) To allow the department to determine the value of the newly taxable property as required under 15-10-420, MCA, a local governing body that authorizes URD bonds, TEDD bonds, or refunding bonds shall, no later than February 1 of each year, No later than October 1 of each year, the local government must provide the department with a copy of each bond resolution or ordinance required under 7-15-4301, MCA, and on a form provided by the department, must report the following information:

(a) contact for the district;

(b) year the district expires;

(i) dollar amount of the bond(s) issued;

(ii) term of year on the bond(s) issued; and

(iii) retirement of any bond(s);

(d) details on remittance agreements including:

(i) whether the district has a remittance agreement;

(ii) the names of the agreements; and

(iii) the dollar amount remitted; and

(e) a description of changes or amendments, if any, made to the district in the previous fiscal year.

~~(2) A local~~ ~~governing body that retires any bonds secured by tax increment shall, no later than February 1 of each year, notify the department of the retirement.~~

(3) (2) ~~The~~ All correspondence and documentation ~~required by this rule shall~~ must be mailed to the Department of Revenue, ~~Legal Services Office at PO Box 7701, Helena, MT 59604-7701, with a copy to the~~ Property Assessment Division at PO P.O. Box 8018, Helena, MT 59604-8018 or e-mailed to DORTIFinfo@mt.gov.

AUTH: 15-1-201, MCA

IMP: 7-15-4282, 7-15-4284, 7-15-4286, 7-15-4290, 7-15-4301, 15-10-420, MCA

REASONABLE NECESSITY: In addition to the reason provided in the general statement of reasonable necessity at the beginning of this notice, the department specifically proposes reorganizing ARM 42.19.1412 and combining the reporting requirements previously located in ARM 42.19.1409, which is proposed to be repealed in this same notice, into this rule to provide the information in one location.

The new language proposed in (1) is necessary and defines the new form to be used by local governments to meet statutory reporting requirements, as recommended by the legislative auditors.

The department proposes striking language in (2) as the content is covered in the annual reporting requirement in (1).

The department also proposes changing the reporting address in newly numbered (2) to ensure that all communication and documentation is directed to a single location to enable the department to efficiently track the information.

The department further proposes updating the rule catchphrase to capture the changes in the rule content.

5. The department proposes to repeal the following rules:

42.19.1402 NOTIFICATION OF THE CREATION OR AMENDMENT OF A TAX INCREMENT FINANCING DISTRICT - TIMING

AUTH: 15-1-201, MCA

IMP: 7-15-4283, 7-15-4284, 15-10-202, 15-10-420, MCA

REASONABLE NECESSITY: As explained in the general statement of reasonable necessity at the beginning of this notice, the department proposes repealing ARM 42.19.1402 as part of reorganizing and combining the relevant content of the rules in ARM Title 42, chapter 19, subchapter 14 for efficiency and ease of locating. The content of this rule has been incorporated into ARM 42.19.1403 and 42.19.1404 except for the language in (2) stating the department is required to annually certify the taxable value of all property located within each taxing jurisdiction. This language is not needed in ARM 42.19.1403 and 42.19.1404 because it is stated in 15-10-202, MCA.

42.19.1408 DETERMINATION AND REPORT OF BASE YEAR, ACTUAL, AND INCREMENTAL TAXABLE VALUES – TIMING

AUTH: 15-1-201, MCA

IMP: 7-15-4284, 7-15-4285, 15-10-202, 15-10-420, MCA

REASONABLE NECESSITY: As explained in the general statement of reasonable necessity at the beginning of this notice, the department proposes repealing ARM 42.19.1408 as part of reorganizing and combining the relevant content of the rules in ARM Title 42, chapter 19, subchapter 14 for efficiency and ease of locating. The content of this rule has been incorporated into ARM 42.19.1407.

42.19.1409 NOTIFICATION OF AMENDMENT OF BOUNDARIES OR CHANGES WITHIN AN EXISTING TAX INCREMENT FINANCE DISTRICT - NEWLY TAXABLE PROPERTY

AUTH: 15-1-201, MCA

IMP: 7-15-4282, 7-15-4284, 15-10-420, MCA

REASONABLE NECESSITY: As explained in the general statement of reasonable necessity at the beginning of this notice, the department proposes repealing ARM 42.19.1409 as part of reorganizing and combining the relevant content of the rules in ARM Title 42, chapter 19, subchapter 14 for efficiency and ease of locating. The content of this rule has been incorporated into ARM 42.19.1407 and 42.19.1412.

42.19.1410 INFORMATION REQUIRED BY THE DEPARTMENT TO CERTIFY BASE YEAR TAXABLE VALUES OF AN AMENDED OR CHANGED TAX INCREMENT FINANCING DISTRICT (TIFD)

AUTH: 15-1-201, MCA

IMP: 7-15-4282, 7-15-4284, 7-15-4285, 15-10-420, MCA

REASONABLE NECESSITY: As explained in the general statement of reasonable necessity at the beginning of this notice, the department proposes repealing ARM 42.19.1410 as part of reorganizing and combining the relevant content of the rules in ARM Title 42, chapter 19, subchapter 14 for efficiency and ease of locating. The content of this rule has been incorporated into ARM 42.19.1403, 42.19.1404, and 42.19.1407.

42.19.1411 DETERMINATION OF BASE YEAR TAXABLE VALUES OF AN AMENDED TIFD – REPORTING OF BASE YEAR, ACTUAL, AND INCREMENTAL TAXABLE VALUES

AUTH: 15-1-201, MCA

IMP: 7-15-4282, 7-15-4284, 7-15-4285, 15-10-420, MCA

REASONABLE NECESSITY: As explained in the general statement of reasonable necessity at the beginning of this notice, the department proposes repealing ARM 42.19.1411 as part of reorganizing and combining the relevant content of the rules in ARM Title 42, chapter 19, subchapter 14 for efficiency and ease of locating. The content of this rule has been incorporated into ARM 42.19.1407.

6. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to: Todd Olson, Department of Revenue, Director's Office, P.O. Box 7701, Helena, Montana 59604-7701; telephone (406) 444-7905; fax (406) 444-3696; or e-mail todd.olson@mt.gov and must be received no later than November 30, 2018.

7. Todd Olson, Department of Revenue, Director's Office, has been designated to preside over and conduct the hearing.

8. The Department of Revenue maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request, which includes the name and e-mail or mailing address of the person to receive notices and specifies that the person wishes to receive notice regarding particular subject matter or matters. Notices will be sent by e-mail unless a mailing preference is noted in the request. A written request may be mailed or delivered to the person in number 6 above or faxed to the office at (406) 444-3696, or may be made by completing a request form at any rules hearing held by the Department of Revenue.

9. An electronic copy of this notice is available on the department's web site at revenue.mt.gov or through the Secretary of State's web site at sosmt.gov/ARM/register.

10. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

/s/ Todd Olson /s/ Gene Walborn

Todd Olson Gene Walborn

Rule Reviewer Director of Revenue

Certified to the Secretary of State October 23, 2018.