H. B. 2575


(By Delegates Duke and Blair)
[Introduced January 13, 2010; referred to the
Committee on the Judiciary then Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6B-8, relating to providing an election for county commissions to allow resident homeowners, sixty-five years old or older, to defer the payment of property tax increases to their residential property during their lifetimes.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §11-6B-8, to read as follows:
ARTICLE 6B. HOMESTEAD PROPERTY TAX EXEMPTION AND TAX DEFERMENT ELECTION.

§11-6B-8. Deferment Election.
A county commission may provide an election to homeowners residing in the county who are sixty-five years old or older and who have been a resident of West Virginia for five or more years to defer all property tax increases over the amount of the property tax paid on June 1, 2009, for the remainder of his or her life. Upon the death of the homeowner or his or her spouse, whichever is the later, the deferred taxes shall be recaptured, without interest, upon the sale or transfer of the property.



NOTE: The purpose of this bill is to provide an election for county commissions to allow resident homeowners, who are sixty-five years or older, to defer the payment of property tax increases to their residential property during their lifetime.

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