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Introduced Version House Bill 4567 History

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Key: Green = existing Code. Red = new code to be enacted
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H. B. 4567

 

         (By Delegate Skinner)

         [Introduced February 17, 2014; referred to the

         Committee on Political Subdivisions then Finance.]

 

 

 

 

A BILL to amend and reenact §11-8-5, §11-8-6b and §11-8-6c of the Code of West Virginia, 1931, as amended, all relating to establishing a new class of property on utility rights-of- ways and easements for taxation purposes; naming that new class as Class V; giving county commissions the option of adopting that Class V to their respective tax rolls; and establishing certain tax rates for Class V property.

Be it enacted by the Legislature of West Virginia:

    That §11-8-5, §11-8-6b and §11-8-6c of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:

ARTICLE 8. LEVIES.

§11-8-5. Classification of property for levy purposes.

    For the purpose of levies, property shall be classified as follows:

    Class I. All tangible personal property employed exclusively in agriculture, including horticulture and grazing;

    All products of agriculture (including livestock) while owned by the producer;

    All notes, bonds, bills and accounts receivable, stocks and any other intangible personal property;

    Class II. All property owned, used and occupied by the owner exclusively for residential purposes;

    All farms, including land used for horticulture and grazing, occupied and cultivated by their owners or bona fide tenants;

    Class III. All real and personal property situated outside of municipalities, exclusive of Classes I and II;

    Class IV. All real and personal property situated inside of municipalities, exclusive of Classes I and II;

    Class V. All rights-of-ways and easements held or owned by a public utility. However, county commissions have the option of whether or not to adopt this classification of property.

§11-8-6b. Maximum levies on each classification by county courts commissions; order of levies.

    County courts commissions are hereby authorized to lay not in excess of the following maximum levies, for the purposes specified and in the following order:

    (1) With respect to the county as a whole for the payment of (a) interest and sinking fund requirements for bonded indebtedness incurred prior to the adoption of the Tax Limitation Amendment; and (to the extent not so required), (b) other legally incurred contractual indebtedness, not bonded, if any, incurred prior to the adoption of the Tax Limitation Amendment, of the county as follows: On Class I property, twenty-five one hundredths of 1¢; on Class II property, one half of 1¢; and on Classes III, and IV and V property, 1¢.

    (2) With respect to a magisterial or special taxing district for which the county court commission is required to lay the levy, for the payment of (a) interest and sinking fund requirements for bonded indebtedness, incurred prior to the adoption of the Tax Limitation Amendment; and (to the extent not so required), (b) other legally incurred contractual indebtedness not bonded, if any, incurred prior to the adoption of the Tax Limitation Amendment, as follows: On Class I property, two and fifteen one hundredths cents; on Class II property, four and three tenths cents; and on Classes III, and IV and V property, eight and six tenths cents.

    (3) For general county current expense as follows: On Class I property, eleven and nine tenths cents; on Class II property, twenty-three and eight tenths cents; and on Classes III, and IV and V property, forty-seven and six tenths cents. But in a county where the total assessed valuation of all classes of property is less than $6 million, the county court commission may, with the prior written approval of the Tax Commissioner, exceed the rates of levy for general county current expense by not more than twenty-five percent of the rates specified: Provided, however, That if the rates of levy under paragraph (3) of this section are not required, in whole or in part, for the purpose for which they are allocated, the county court commission may, with the prior written approval of the State Tax Commissioner, surrender to the county board of education such unused parts of the authorized rates of levy as provided herein.

§11-8-6c. Maximum levies on each classification by county boards of education; order of levy; exceeding levy for school bond issues.

    County boards of education are hereby authorized to lay not in excess of the following maximum levies, for the purposes specified and in the following order:

    (1) With respect to a magisterial, independent or other school district existing in a county prior to May 22, 1933, or any special taxing district for which the board of education is required to lay the levy, for the payment of (a) interest and sinking fund requirements for bonded indebtedness incurred prior to the adoption of the Tax Limitation Amendment; and (to the extent not so required), (b) other legally incurred contractual indebtedness not bonded, if any, incurred prior to the adoption of the Tax Limitation Amendment as follows: On Class I property, thirty-five one hundredths of 1¢; on Class II property, seven tenths of 1¢; and on Classes III, and IV and V property, one and four tenths cents.

    (2) For either or both of (a) the permanent improvement fund, and (b) the payment of interest and sinking fund requirements for bonded indebtedness incurred subsequent to the adoption of the Tax Limitation Amendment, as follows: On Class I property, one and five tenths cents; on Class II property, 3¢; and on Classes III, and IV and V property, 6¢.

    (3) For the general current expenses of schools as follows: On Class I property, twenty-one and one tenth cents; on Class II property, forty-two and two tenths cents; and on Classes III, and IV and V property, eighty-four and four tenths cents. But if the Tax Commissioner has approved the levy of an additional amount for the general current expenses of the county as authorized by section six-b, subsection three, the amount of the levy authorized for boards of education by this subsection shall be reduced by the Tax Commissioner to that extent.

    If the rates of levy under paragraph (2) above are not required, in whole or in part, for the purposes for which they are allocated by this section, the county board of education may, with the prior written approval of the state board of school finance, created by section three, article nine-b, chapter eighteen of the code, as amended, lay such rates of levy or portion thereof not so required, for the general current expenses of schools: Provided, however, That if the rates of levy under paragraph (3) of this section are not sufficient for the purposes for which they are allocated, the county board of education may, with the prior written approval of the State Tax Commissioner, lay such additional rates of levy, or portion thereof, as are surrendered by the county court commission under paragraph (3), section six-b of this article: Provided further, That a county board of education shall be required to levy outside the levy rates hereinabove provided sufficient to pay the principal and interest requirements on bonds now or hereafter issued by any school district not exceeding in the aggregate five per centum of the assessed value of all taxable property in the county school district, to be ascertained by the last assessment for state and county taxes, previous to the incurring of such indebtedness, in the manner provided by the "Better Schools Amendment," as ratified.




    NOTE: The purpose of this bill is to establish a new class of property on utility rights of ways and easements for taxation purposes. The bill names that new class as Class V and gives county commissions the option of adopting that Class V to their respective tax rolls. The bill establishes certain tax rates for Class V property.


    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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