H. B. 2752
(By Mr. Speaker, Mr. Kiss)
[Introduced March 26, 1997; referred to the
Committee on Finance.]
A BILL to amend and reenact section eight, article one-c, chapter
eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to additional
funding for certain assessors' offices beginning on or
after the first day of July, one thousand nine hundred
ninety-eight.
Be it enacted by the Legislature of West Virginia:
That section eight, article one-c, chapter eleven of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1C. FAIR AND EQUITABLE PROPERTY VALUATION.
§11-1C-8. Additional funding for assessors' offices;
maintenance funding.
(a) In order to finance the extra costs associated with the
valuation and training mandated by this article, there is hereby
created a revolving valuation fund in each county which shall be
used exclusively to fund the assessor's office. The valuation
and training programs, for the fiscal year commencing on the first day of July, one thousand nine hundred ninety, shall be
funded through the valuation commission and funds shall be
distributed in accordance with need on a county by county basis
and the county's approved plan. The necessary funds shall be
transferred to each county's valuation fund following approval of
the plans submitted by the respective assessors. The funds shall
be transferred by the valuation commission on condition that No
persons whose salary is payable from the valuation fund shall be
hired under this section without the approval of the valuation
commission, the hirings shall be without regard to political
favor or affiliation, and the persons hired under this section
are subject to the provisions of the ethics act in chapter six-b
of this code, including, but not limited to, the conflict of
interest provisions under chapter six-b of this code.
Notwithstanding any other provisions of this code to the
contrary, assessors may employ citizens of any West Virginia
county for the purpose of performing, assessing and appraising
duties under this chapter upon approval of the employment by the
valuation commission.
(b) During the fiscal year commencing the first day of
July, one thousand nine hundred ninety-four, and thereafter as
necessary, any county receiving moneys provided by the valuation
commission under this section shall use the county's valuation
fund receipts which exceed the total amount received in the
fiscal year ending the thirtieth day of June, one thousand nine
hundred ninety-four, to repay the valuation commission the money
received plus accrued interest: Provided,
That the fund should not drop below one percent of the total municipal, county
commission and county school board revenues generated by
application of the respective regular levy rates.
(b) (c) To finance the ongoing extra costs associated with
the valuation and training mandated by this article, beginning
with the fiscal year commencing on the first day of July, one
thousand nine hundred ninety-one, and for a period of at least
three consecutive years, an amount equal to two percent of the
previous year's projected tax collections, or whatever percent is
approved by the valuation commission, from the regular levy set
by, or for, the county commission, the county school board and
any municipality in the county shall be prorated as to each
levying body, set aside and placed in the valuation fund. In May
of each year the sheriff of each county shall make a final
transfer to the assessor's valuation fund which will reflect any
difference in the amount of actual collections in the previous
fiscal year as opposed to those previously projected by the chief
inspector's office as the basis for the contributions to the
valuation fund, to bring the total transfers for that year to two
percent of the previous year's actual collections. The two
percent payment shall continue in any county where funds borrowed
from the state pursuant to subsection (a) of this section have
not been fully repaid until such moneys, together with accrued
interest thereon, have been fully repaid or until the first day
of July, one thousand nine hundred ninety-four, one thousand nine
hundred ninety-eight,
whichever comes last. Each year
thereafter, for counties with loans the valuation fund shall continue at a rate not to exceed three percent of the previous
year's projected tax collections from the regular levies, and
each fiscal year after the thirtieth day of June, one thousand
nine hundred ninety-four, one thousand nine hundred ninety-eight
,
for those counties without loans, the valuation fund shall be
continued at an annual amount of not to exceed two percent of the
previous year's projected tax collections from such regular
levies: Provided,
That for the fiscal year beginning on the
first day of July, one thousand nine hundred ninety-five one
thousand nine hundred ninety-eight
, and any fiscal year
thereafter, the assessors, in order to receive two percent or any
percent of the previous year's projected tax collections for
their valuation funds, must submit a request to the valuation
commission no later than the fifteenth day of December, one
thousand nine hundred ninety-four, and by the same date in
December each year thereafter. The submission shall include a
projected expenditure budget, including any balances expected to
be carried forward, with justification for the percent requested
for their valuation fund for the ensuing fiscal year. A copy of
the projected budget and justifications shall also be sent to the
assessor's county commission, municipalities and school board.
The valuation commission shall meet after the fifteenth day of
January but prior to the first day of February each year
beginning in the year one thousand nine hundred ninety-five, and
has authority to accept and confirm two three percent as a
justifiable amount for counties with loans and two percent for
counties without loans, or to establish whatever lower percent of the previous year's projected tax collections each assessor shall
receive based upon the evidence at hand, and the particular
reevaluation needs of the county. Absent a proper application by
any assessor, the valuation commission may, after consultation
with the tax commissioner's office, set whatever allowable
percent it considers proper. Following its decisions, the
valuation commission shall certify to the chief inspector's
office of the department of tax and revenue, the percent approved
for each assessor's valuation fund, and the chief inspector's
office shall notify each affected sheriff and levying body of the
moneys due from their levies to their respective valuation funds.
County commissions, boards of education and municipalities may
present written evidence, prior to the fifteenth day of January,
one thousand nine hundred ninety-five, and by the same date of
each year thereafter, acceptable to the valuation commission
showing that a lesser amount than that requested by the assessor
would be adequate to fund the extra costs associated with the
valuation mandated by section seven of this article: Provided,
however,
That the county commissions, in addition, shall fund the
county assessor's office at least the level of funding provided
during the fiscal year in which this section was initially
enacted.
These additional funds are intended to enable assessors to
maintain current valuations and to perform the periodic
reevaluation required under section nine of this article.
(c) Any funds provided by the valuation commission shall be
distributed among the counties by the property valuation training and procedures commission based upon workload, need and other
relevant factors as shown by the valuation plans developed under
section seven of this article.
(d) Moneys due the valuation fund shall be deposited by the
sheriff of the county on a monthly basis as directed by the chief
inspector's office for the benefit of the assessor and shall be
available to and may be spent by the assessor without prior
approval of the county commission, which shall may not exercise any control over the fund. Clerical functions related to the
fund shall be performed in the same manner as done with other
normal funding provided to the assessor.
NOTE: The purpose of this bill is to increase funding of
county assessors' offices which have outstanding loans. The
increased funding would begin July 1, 1998.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.