H. B. 3144
(By Delegates L. Smith, Mathews and Ashley)
[Introduced March 30, 2001; 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 restricting increased
assessments on real property by providing that an assessment
may not be increased over the assessed value of the same
property for the previous year by an amount greater than the
percentage increase in the consumer price index, as calculated
by the United States department of labor in the previous year,
or an assessment may not be increased more than three percent
over the assessed value of the same property for the previous
year, whichever amount is lesser.
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 may not be increased over the assessed
value of the same property for the previous year by an amount
greater than the percentage increase in the consumer price index,
as calculated by the United States department of labor in the
previous year, or an assessment may not be increased more than
three percent over the assessed value of the same property for the
previous year, whichever amount is lesser.
The taxes upon all
property shall must be paid by those who are the owners thereof on
that day, whether it be is 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 the assessor's deputies, is not complying with this provision
or that he the assessor 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 the
special assessor 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 the tax
commissioner, 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 their 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 restrict increased
assessments on real property by providing that an assessment may
not be increased over the assessed value of the same property for
the previous year by an amount greater than the percentage increase
in the consumer price index, as calculated by the United States
department of labor in the previous year, or an assessment may not
be increased more than three percent over the assessed value of the
same property for the previous year, whichever amount is lesser.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.