HB 379 — County Boards of Equalization; to revise the nomination procedures for boards of equalization in certain counties

HB379 INTRODUCEDENROLLED HB379 V1GWLVL-1V1GWLVL-2 By Representatives Faulkner, Carns, Sellers, Tillman, Hendrix, Hollis, Rafferty, Garrett, Hulsey, Shaw, DuBose, Givan RFD:

21-Mar-24 Page 0 V1GWLVL-1HB379 03/13/2024Enrolled DJEnrolled, (F)DJAn 2023-2912Act, 2Relating 4to SYNOPSIS:county boards of equalization;

This bill would revise the nomination procedure for boards of equalization in certain counties, would provide for the appointment of additional board members, would limit the terms of board members holding office on the effective date of this bill, and would provide further for the qualifications of nominees to the board.

This bill would also provide further for the decisions of the board and for the employment of county appraisal staff.

A BILL TO BE ENTITLED AN ACT Relating to county boards of equalization;

Page 1 HB379 INTRODUCED Section 1.

In those counties where Page 1 HB379 Enrolled there is no incorporated municipality, the commission of the county shall nominate six persons as competent persons for appointment to membership on the board of equalization.

From each group of three nominees submitted by the county governing bodies and the county board of education and from the total group of nominees submitted by the governing bodies of the municipalities, the Commissioner of Revenue, within 30 days after receipt of the lists of nominees, with the approval of the Governor shall appoint one person to membership on the county board of equalization so that the membership of the Page 2 HB379 INTRODUCED board shall be composed of three members, one of whom was nominated by the governing body of the county, one by the county board of education, and one by the governing body of the incorporated municipalities in the county, except, however, that in those counties having no incorporated municipality, two of the three members of the board shall be selected from the six nominees of the county governing body;

In all counties having a population of 400,000 or more persons according to the 1940 federal census or any subsequent census, where there is now or hereafter may be a countywide civil service system, all Page 2 HB379 Enrolled nominees must take an examination and qualify by a civil service examination to be conducted by the civil service system, except any member of any board of equalization now duly appointed as a member of the board of equalization shall be deemed qualified for appointment.

In the event the names submitted by either the county commission of the county, the county board of education, and the governing body of the largest municipality in the county having a countywide civil service system have already been submitted by either of the nominating parties, the Commissioner of Revenue shall so Page 3 HB379 INTRODUCED notify the nominating bodies, and the nominating bodies shall forthwith submit the names of another person or persons qualified under the civil service examination not theretofore nominated by the other nominating bodies.

(b)(1)Notwithstanding any other provisions of this 95 section, thisThis subsection shall apply to any county of this state which has a population of 600,000 or more according to the last or any subsequent federal census.

The provisions of the Merit System law, including the provisions thereof governing appointment and compensation of Page 3 HB379 Enrolled persons subject to the Merit System law, shall apply to the chairmanship and to the chairman, until July 1, 2024.

Any person serving as chairman on October 1, 1975, and who has Page95 4 HB379 INTRODUCED served as chairman for more than 12 months and for less than 24 months immediately preceding October 1, 1975, shall be deemed to have been appointed under this subsection and to be serving his or her probationary period under the Merit System law.

The county board of education and the governing body of Page 4 HB379 Enrolled the largest municipality in the county shall each submit in writing to the state Commissioner of Revenue the names of three persons, and the governing body of each other municipality within the county shall, in like manner, submit the name of one person, all of whom are residents of the county, who are each owners of taxable property which is located within this state, who are qualified electors in the county and who are, in the opinion of the nominating board, persons competent to serve as members of the board.

Within 30 days after the receipt of the list of Page 5 HB379 INTRODUCED nominees, the state Commissioner of Revenue, with the approval of the Governor, shall nominate an associate member of the board from the nominees of the county board of education and one associate member of the board from the nominees of the governing bodies of the municipalities of the county.

In all counties having a population of 400,000 or more persons according to the 1940 federal census or any subsequent federal census, where there is now or hereafter may be a countywide civil service system, all nominees for the associate members must take an examination and qualify by civil service examination to be conducted by the civil service Page 5 HB379 Enrolled system, except any person serving as an associate member on any board of equalization on October 1, 1975, shall be deemed qualified for appointment.

In the event the names submitted by either the county board of education, and the governing body of the largest municipality in the county having a countywide civil service system have already been submitted by either of the nominating parties, the Commissioner of Revenue shall so notify the nominating bodies, and the nominating bodies shall forthwith submit the names of another person or persons qualified under the civil service examination not nominated by Page 6 HB379 INTRODUCED the other nominating bodies.

Except as provided in this subdivision regarding the Page 6 HB379 Enrolled initial terms of office, each board member shall serve for a term of four years.

2s through 4., the commissioner, upon approval of the Governor, may appoint an individual to the Page 7 HB379 INTRODUCED board who meets the qualifications provided by this subdivision.

(ii) The individual serving on the board as an associate member nominated by the county board of education on Page 7 HB379 Enrolled the effective date of this act shall hold this office for the remainder of their current term provided under subdivision (1).

Page 8 HB379 INTRODUCED (ii) The individual serving on the board as an associate member nominated by a municipality in the county on the effective date of this act shall hold this office for the remainder of their current term provided under subdivision (1).

(4) The board shall act independently from any county Page 8 HB379 Enrolled department or office of equalization and shall preside over all real and personal property protests consistent with this chapter.

The at-will Page 9 HB379 INTRODUCED department head shall supervise the employees of the county department of equalization, including the appraisal and reappraisal staff.

Page 109 HB379 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 16-Apr-24.

John Treadwell Clerk Senate 08-May-24 Passed Page 10