Introduced Version
Senate Bill 99 History
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 99
(By Senator Cann)
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[Introduced February 13, 2013; referred to the Committee on
Government Organization; and then to the Committee on Finance .]
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A BILL to amend and reenact §11-3-1 of the Code of West Virginia,
1931, as amended, relating to prohibiting increases in the
assessed value of real property located in counties where a
maximum excess levy is in effect, the property has not changed
in tax classification and the increased value is more than two
percent over the assessed value of the same property for the
previous year.
Be it enacted by the Legislature of West Virginia:
That §11-3-1 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. ASSESSMENTS GENERALLY.
§11-3-1. Time and basis of assessments; true and actual value;
default; reassessment; special assessors; criminal penalty.
(a) All property, except public service businesses assessed
pursuant to article six of this chapter, shall be assessed annually
as of July 1 at sixty percent of its true and actual value. that is
to say, at Sixty percent of its true and actual value is the price
for which the property would sell if voluntarily offered for sale
by the owner thereof, upon the terms as the property the value of
which is sought to be ascertained, is usually sold and not the
price which might be realized if the property were sold at a forced
sale.
(b) Any conflicting provisions of subsection (a) of this
section notwithstanding, the true and actual value of all property
owned, used and occupied by the owner thereof exclusively for
residential purposes shall be arrived at by also giving
consideration to the fair and reasonable amount of income which the
same might be expected to property might earn under normal
conditions in the locality wherein situated, if rented. Provided,
That The true and actual value of all farms used, occupied and
cultivated by their owners or bona fide tenants shall be arrived at
according to the fair and reasonable value of the property for the
purpose for which it is actually used regardless of what the value
of the property would be if used for some other purpose. and that
The true and actual value shall be arrived at by giving consideration to the fair and reasonable income which the same
might be expected to farm property might earn under normal
conditions in the locality wherein situated, if rented. Provided,
however, That nothing herein shall alter Nothing in this section
alters the method of assessment of lands or minerals owned by
domestic or foreign corporations.
(c) The taxes upon all property shall be paid by those who are
the owners thereof the property owners on the assessment date
whether it be assessed to them or others. If the county in which
the property is located has an excess levy in effect set at the
maximum amount allowed under the provisions of section six-b,
article eight of this chapter, there may be no increase in assessed
value for real property which has not changed in tax classification
and which is more than two percent over the assessed value of the
same property for the previous year.
(d) If at any time If, after the beginning of the assessment
year, it be is ascertained by the Tax Commissioner that the an
assessor or any of his or her deputies deputy is not complying with
this provision or that they have failed, neglected or refused, or
is failing, neglecting or refusing after five days' notice, to list
and assess all property therein at sixty percent of its true and
actual value as determined under this chapter, the Tax Commissioner
may order and direct a reassessment of any or all of the all property in any a county, district or municipality where any an
assessor or deputy fails, neglects or refuses to assess the
property in the manner herein provided in this section. And, For
the purpose of making assessment and correction of values, the Tax
Commissioner may appoint one or more special assessors, as
necessity may require, to make assessment in any a county and any
such the special assessor or assessors, as the case may be, has the
power and authority now vested by law in assessors. and The work of
such the special assessor or assessors shall be accepted and
treated for all purposes by the county boards of review and
equalization and the levying bodies, subject to any revisions of
value on appeal, as the true and lawful assessment of that year as
to all property valued by him or her or them. The Tax Commissioner
shall fix the compensation of all special assessors appointed
which, together with their actual expenses, shall be paid out of
the county fund by the county commission of the county in which any
such the assessment is ordered, upon the receipt of a certificate
of the Tax Commissioner filed with the clerk of the county
commission showing the amounts due and to whom payable, after such
expenses have been audited by the county commission.
(e) Any An assessor who knowingly fails, neglects or refuses
to assess all the property of his or her county, as herein provided
by this section, shall be guilty of malfeasance in office and, upon conviction thereof, shall be fined not less than $100 nor more than
$500, or imprisoned confined in jail for not less than three nor
more than six months, or both, in the discretion of the court, and
upon conviction, shall be removed from office.
(f) For purposes of this chapter and chapter eleven-a of this
code, the following terms have the meanings ascribed to them in
this section unless the context in which the term is used clearly
indicates that a different meaning is intended: by the Legislature:
(1) "Assessment date" means July 1 of the year preceding the
tax year.
(2) "Assessment year" means the twelve-month period that
begins on the assessment date.
(3) "Tax year" or "property tax year" means the next calendar
year that begins after the assessment date.
(4) "Taxpayer" means the owner and any other person in whose
name the taxes on the subject property are lawfully assessed.
NOTE:
The purpose of this bill is to prohibit increases in the
assessed value of real property which is located in a county where
a maximum excess levy is in effect, the property has not changed in
tax classification and the increased value is more than two percent
over the assessed value of the same property for the previous year.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.