Date Requested:February 16, 2005
Time Requested:01:13 PM
Agency: State Tax Department
CBD Number: Version: Bill Number: Resolution Number:
2005R188 Intro HB2059
CBD Subject: Property Used & Occupied by Owner Define
FUND(S)
General Revenue Fund, local governments
Sources of Revenue
General Fund,Other Fund
Legislation creates:
A New Program

Fiscal Note Summary

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

    The stated purpose of this bill is to provide that property owned, used or occupied by the owner or the owner’s immediate family exclusively for residential purposes and without compensation being paid to the owner by the immediate family members is Class II property for levy purposes.
    
    The loss of revenue to the State and local governments cannot be determined. Additional administrative costs would be minimal.

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2005
Increase/Decrease
(use"-")
2006
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):
    The Tax Department does not have sufficient data to estimate the revenue loss to the State and local governments due to passage of this bill. Additional administrative costs would be minimal.


Memorandum
Person submitting Fiscal Note:
Mark Muchow
Email Address:
kpetry@tax.state.wv.us
    The classifications of property are established in the West Virginia Constitution Article X, Section 1. There is no authorization within the Constitution to expand the classification to include occupation by the owner’s immediate family members without the presence of the owner. It is therefore possible that the amendment proposed in this bill is beyond the classification boundaries established by the Constitution.