H. B. 2857
(By Delegates Amores and Ashley)
[Introduced February 22, 1999; referred to the
Committee on Finance.]
A BILL to amend and reenact section one, article three, chapter
eleven of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to phasing in
increased assessments on property that exceed twenty-five
percent over the previous year over a five-year period.
Be it enacted by the Legislature of West Virginia:
That section one, article three, 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 3. ASSESSMENTS GENERALLY.
§11-3-1. Time and basis of assessments; true and actual value;
default; reassessment; special assessors.
All property shall be assessed annually as of the first day
of July at its true and actual value; that is to say, at the
price for which such the property would sell if voluntarily offered for sale by the owner thereof, upon such terms as such
the property, the value of which is sought to be ascertained, is
usually sold, and not the price which might be realized if such
the property were sold at a forced sale, except that 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 giving primary, but not exclusive, consideration to
the fair and reasonable amount of income which the same might be
expected to 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 earn under
normal conditions in the locality wherein situated, if rented:
Provided, however, That nothing herein shall may alter the
method of assessment of lands or minerals owned by domestic or
foreign corporations: Provided further, That an assessment that
is an increase of twenty-five percent or more over the assessed
value of the same property for the previous year must be phased
in over a five-year period with payment of no more than twenty percent of the increased assessment for each of the five years.
The taxes upon all property shall must be paid by those who are
the owners thereof on that day, whether it be assessed to them or
others. If at any time after the beginning of the assessment
year, it be ascertained is concluded by the tax commissioner that
the assessor, or any of his or her deputies, is not complying
with this provision or that he or she has failed, neglected or
refused, or is failing, neglecting or refusing after five days'
notice to list and assess all property therein at its true and
actual value, the tax commissioner may order and direct a
reassessment of any or all of the property in any county,
district or municipality, where any assessor or deputy, fails,
neglects or refuses to assess the property in the manner herein
provided. And, for the purpose of making such the assessment and
correction of values, the tax commissioner may appoint one or
more special assessors, as necessity may require, to make such
the assessment in any such county, and any such special assessor
or assessors, as the case may be, shall have has all the power
and authority now vested by law in assessors, and the work of
such the special assessor or assessors shall will 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 them. The tax commissioner shall, with the approval of the board of public works, fix the
compensation of all such special assessors as may be designated
by him or her, 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 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 the expenses have been audited by the county
commission.
Any assessor who knowingly fails, neglects or refuses to
assess all the property of his or her county, as herein provided,
shall be is guilty of malfeasance in office, and, upon conviction
thereof, shall be fined not less than one hundred nor more than
five hundred dollars, or imprisoned in the county or regional
jail not less than three nor more than six months, or both in the
discretion of the court, fined and imprisoned, and upon
conviction, shall be removed from office.
NOTE: The purpose of this bill is to phase in increased
assessments on property that are 25% or more over the assessed
value of the previous year. The phase-in period is 5 years with
no more than 20% of the increased assessment due in each of the
5 years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.