ENGROSSED
Senate Bill No. 366
(By Senators Love and Kessler)
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[Introduced February 2, 1998; referred to
the Committee on Finance.]
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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- nine.
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 ninety-nine,
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 for those counties with loans whose
revenues from the two percent of the previous year's projected
tax collections does not provide sufficient funds to pay at least
the interest payment on the loan, and each fiscal year after the
thirtieth day of June, one thousand nine hundred ninety-four
ninety-nine, 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-four ninety-nine, 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 whose revenues from the two percent of the
previous year's projected tax collections does not provide
sufficient funds to pay at least the interest payment on the
loan, said additional one percent to be used solely toward
repayment of the loan, 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 and the joint committee on
government and finance, 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.