FISCAL NOTE

Date Requested: March 16, 2021
Time Requested: 11:38 AM
Agency: Tax & Revenue Department, WV State
CBD Number: Version: Bill Number: Resolution Number:
2572 Introduced HB3180
CBD Subject: Taxation


FUND(S):

General Revenue Fund, local governments

Sources of Revenue:

General Fund local property tax

Legislation creates:

Increases Existing Expenses



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


The stated purpose of this bill is to provide requirements for the fair and equitable assessment of real property. The State Tax Department cannot quantify the revenue impact associated with this proposal. Assessors must currently reflect market value when valuing real property. Additional administrative costs to the State Tax Department and local governments would be minimal.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2021
Increase/Decrease
(use"-")
2022
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0


Explanation of above estimates (including long-range effect):


The State Tax Department cannot quantify the revenue impact associated with this proposal. Assessors must currently reflect market value when valuing real property. Additional administrative costs to the State Tax Department and local governments would be minimal.



Memorandum


The stated purpose of this bill is to provide requirements for the fair and equitable assessment of real property. The bill has a title defect in that it fails to identify the addition of a new article, “2C” to Chapter 11 of the West Virginia Code. The body of the bill identifies the location of the bill’s contents as §11-2C-9a. There are two problems with this. First, Chapter 11 of the West Virginia Code does not contain Articles “2A” and “2B,” which would have been necessary before adding Article “2C”. In addition, the purported “new section, “designated as “§11-2C-9a,” is impossible. As stated above, the West Virginia Code does not contain Article 11-2C. Without the existence of Article 11-2C, none of the sections preceding that section would exist (i.e., sections 1 through 8). The bill is also vague. It does not indicate what constitutes unjust and unfair assessment or who makes the determination that the assessment is unjust and unfair. It also does not indicate how reasons for increased assessment of real property are to be made available to the public.



    Person submitting Fiscal Note: Mark Muchow
    Email Address: kerri.r.petry@wv.gov