H. B. 4126
(By Delegates Kelley, Everson, Hall,
Proudfoot, Johnson and Seacrist)
[Introduced Janaury 29, 1998; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend article four, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section
twenty-one, relating to the West Virginia Property Tax
Limitation Act of 1998; providing that effective January 1,
2000, property taxes shall be frozen for a period of three
calendar years and that tax increases for all classes of
property may not be imposed until January 1, 2003 and
thereafter, at which time no increase may be higher than
five percent of the previous assessed value.
Be it enacted by the Legislature of West Virginia:
That article four, chapter eleven of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
twenty-one, to read as follows:
ARTICLE 4. ASSESSMENT OF REAL PROPERTY.
§11-4-21. West Virginia Property Tax Limitation Act of 1998;
findings; implementation of freeze and cap on
increases.
(a) The Legislature hereby implements the West Virginia
Property Tax Limitation Act of 1998. The Legislature finds:
(1) There is a need to gradually move away from the
imposition of a property tax as a means of funding government
programs; and
(2) While alternatives to property taxes must be studied
and considered, there is a need for general relief in the form of
a freeze on increases, beginning in two thousand until two
thousand three. There is a further projected need thereafter, to
assure a lesser tax burden for valuation increase caps.
(b) Notwithstanding any provision contained in article one-a
of this chapter or any other provision of this code to the
contrary, beginning on the first day of January, two thousand
and continuing until the first day of January, two thousand
three, property taxes shall be frozen at the rates and amounts of
taxation last annually assessed. Effective on the first day of
January, two thousand three, no annual increase in tax may exceed
the amount of additional tax that would be due upon an increase
of five percent of the existing assessed valuation over that
existing in the preceding tax year.
NOTE: The purpose of this bill is to implement a freeze in
additional property taxes on all classes of property, beginning
in 2000 and extending until 2003. Then, effective in 2003,
future valuation and tax increases would only be permissible at
a maximum rate equal to the amount that would be due based upon
a 5% increase in valuation.
This section is new; therefore, strike-throughs and
underscoring have been omitted.