Date Requested:January 14, 2012
Time Requested:01:05 PM
Agency: State Tax Department
CBD Number: Version: Bill Number: Resolution Number:
2011R1067 Carry Over HB2276
CBD Subject: 3% CAP ON INCREASE OF PROPERTY TAXES
FUND(S)
General Revenue Fund, local governments
Sources of Revenue
General Fund,Other Fund local property tax
Legislation creates:
Neither Program nor Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    The stated purpose of this bill is to provide a three percent cap on any increase in assessment on real property that is the primary residence of an individual in any one year.
    
    Assuming no changes in tax rates, passage of this bill would result in the loss in potential property tax revenue of approximately $12.9 million for local governments and $50,000 for the State in FY2014. This loss would decrease slightly each year, but the decrease would be offset by the fiscal effect of the limitation on assessment increases in future years. Some local governments could recoup a portion of the revenue loss by raising property tax rates.
    
    There would be a one-time cost of $20,000 to the State Tax Department for programming changes. There would be no other additional costs to the State Tax Department or local governments.

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2012
Increase/Decrease
(use"-")
2013
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0
3. Explanation of above estimates (including long-range effect):
    Assuming no changes in tax rates, passage of this bill would result in the loss in potential property tax revenue of approximately $12.9 million for local governments and $50,000 for the State in FY2014. This loss would decrease slightly each year, but the decrease would be offset by the fiscal effect of the limitation on assessment increases in future years. Some local governments could recoup a portion of the revenue loss by raising property tax rates.
    
    There would be a one-time cost of $20,000 to the State Tax Department for programming changes. There would be no other additional costs to the State Tax Department or local governments.
    


Memorandum
Person submitting Fiscal Note:
Mark Muchow
Email Address:
kerri.r.petry@wv.gov
    The stated purpose of this bill is to provide a three percent cap on any increase in assessment on real property that is the primary residence of an individual in any one year.
    
    The bill limits annual increases in assessed value of real property to 3 percent per year. Article X, Section 1 of the West Virginia Constitution provides that “all property, both real and personal, shall be taxed in proportion to its value to be ascertained as directed by law”. By limiting such increases in value to a maximum of 3 percent per year, the bill allows some property to be taxed in a way that is not proportionate to its value, which may possibly violate the constitutional provision.