Date Requested:February 16, 2013
Time Requested:09:18 AM
Agency: State Tax & Revenue Department
CBD Number: Version: Bill Number: Resolution Number:
2013R1321 Introduced HB2353
CBD Subject: PROPERTY TAX
FUND(S)
General Revenue Fund, Local Government Funds
Sources of Revenue
General Fund,Other Fund Local Property Tax revenu
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 clarify an exception that allow sheriffs, with the consent of the county commission, to collect property taxes in more than two installments.
    
     As written, the bill states that nothing in W. Va. Code §11A-1-3, which indicates current taxes assessed on real and personal property may be paid in two installments, prohibits the Sheriff from establishing additional methods of payment.
    
     According to our interpretation, passage of this bill would not change the amount of current taxes assessed and due on real and personal property. Assuming that some current tax collections are deposited into interest bearing accounts prior to their expenditure, the additional installment payments may result in a minor reduction in earned interest.
    
     Passage of this bill may result in some additional administrative costs to County Sheriff’s Offices.
    
Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2013
Increase/Decrease
(use"-")		 2014
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):
     As written, the bill states that nothing in W. Va. Code §11A-1-3, which indicates current taxes assessed on real and personal property may be paid in two installments, prohibits the Sheriff from establishing additional methods of payment.
    
     According to our interpretation, passage of this bill would not change the amount of current taxes assessed and due on real and personal property. Assuming that some current tax collections are deposited into interest bearing accounts prior to their expenditure, the additional installment payments may result in a minor reduction in earned interest.
    
     Passage of this bill may result in some additional administrative costs to County Sheriff’s Offices.
    

Memorandum
Person submitting Fiscal Note:
Mark B. Muchow
Email Address:
Roger.D.Cox@wv.gov
     The stated purpose of this bill is to clarify an exception that allow sheriffs, with the consent of the county commission, to collect property taxes in more than two installments.
    
     As written, the bill proposes to insert the following language into W. Va. Code §11A-1-3:
     “Nothing contained in this subsection prohibits the sheriff from establishing additional methods of payment in accordance with the provisions of section eight-a of this article.”
    The language may be subject interpretations other than intended. Also, the proposed change refers to W. Va. Code §11A-1-8. However, this section pertains to the requirement that the Sheriff give public notice of the place and time for taxpayers to appear to pay their taxes, but does not deal with the methods of payment.