SB620: Real property taxes; rate of increase.
SENATE BILL NO. 620
Be it enacted by the General Assembly of Virginia:
1. That § 58.1-3321 of the Code of Virginia is amended and reenacted as follows:
§ 58.1-3321. Effect on rate when assessment results in tax increase; public hearings.
A. When any annual assessment, biennial assessment or general reassessment of real property by a county, city or town would result in an increase of one percent or more in the total real property tax levied, such county, city, or town shall reduce its rate of levy for the forthcoming tax year so as to cause such rate of levy to produce no more than 101 percent of the previous year's real property tax levies, unless subsection B is complied with, which rate shall be determined by multiplying the previous year's total real property tax levies by 101 percent and dividing the product by the forthcoming tax year's total real property assessed value. An additional assessment or reassessment due to the construction of new or other improvements, including those improvements and changes set forth in § 58.1-3285, to the property shall not be an annual assessment or general reassessment within the meaning of this section, nor shall the assessed value of such improvements be included in calculating the new tax levy for purposes of this section. Special levies shall not be included in any calculations provided for under this section.
B. The
governing body of a county, city, or town may, after
conducting a public hearing, which shall not be held at the same time as the
annual budget hearing, increase the
rate of levy above the reduced rate required in subsection A if any such increase is deemed to be necessary by
such the increase is
approved in a referendum within the locality, which shall be held in accordance
with § 24.2-684 and initiated by a resolution of the local governing body. The clerk of the
circuit court shall publish notice of the election in a newspaper of general
circulation in the locality
once a week for three consecutive weeks prior to the election. If the voters
affirm the increased levy rate, the tax shall be effective in the
amount and terms stated in the
resolution. If such resolution of the governing body states
for what projects or purposes the revenues collected from the tax are to be
used, then the question on the ballot for the referendum shall include language
stating for what projects or purposes the revenues collected from the tax are
to be used.
Notice of the public
hearing shall be given at least 30 days before the date of such hearing by the
publication of a notice in (i) at least one newspaper of general circulation in
such county or city and (ii) a prominent public location at which notices are
regularly posted in the building where the governing body of the county, city,
or town regularly conducts its business, except that such notice shall be given
at least 14 days before the date of such hearing in any year in which neither a
general appropriation act nor amendments to a general appropriation act
providing appropriations for the immediately following fiscal year have been
enacted by April 30 of such year. Any such notice shall be at least the size of
one-eighth page of a standard size or a tabloid size newspaper, and the
headline in the advertisement shall be in a type no smaller than 18-point. The
notice described in clause (i) shall not be placed in that portion, if any, of
the newspaper reserved for legal notices and classified advertisements. The
notice described in clauses (i) and (ii) shall be in the following form and
contain the following information, in addition to such other information as the
local governing body may elect to include:
NOTICE OF PROPOSED
REAL PROPERTY TAX INCREASE
The (name of the county,
city or town) proposes to increase property tax levies.
1. Assessment
Increase: Total assessed value of real property, excluding additional
assessments due to new construction or improvements to property, exceeds last
year's total assessed value of real property by _____ percent.
2. Lowered Rate
Necessary to Offset Increased Assessment: The tax rate which would levy the
same amount of real estate tax as last year, when multiplied by the new total
assessed value of real estate with the exclusions mentioned above, would be
$_____ per $100 of assessed value. This rate will be known as the "lowered
tax rate."
3. Effective Rate
Increase: The (name of the county, city or town) proposes to adopt a tax rate
of $_____ per $100 of assessed value. The difference between the lowered tax
rate and the proposed rate would be $_____ per $100, or _____ percent. This
difference will be known as the "effective tax rate increase."
Individual property
taxes may, however, increase at a percentage greater than or less than the
above percentage.
4. Proposed Total
Budget Increase: Based on the proposed real property tax rate and changes in
other revenues, the total budget of (name of county, city or town) will exceed
last year's by _____ percent.
A public hearing on
the increase will be held on (date and time) at (meeting place).
C. All hearings shall
be open to the public. The governing body shall permit persons desiring to be
heard an opportunity to present oral testimony within such reasonable time
limits as shall be determined by the governing body.
D. C. The
provisions of this section shall not be applicable to the assessment of public
service corporation property by the State Corporation Commission.
E. D. Notwithstanding
other provisions of general or special law, the tax rate for taxes due on or
before June 30 of each year may be fixed on or before May 15 of that tax year.