Taxes, local; taxpayer's application to court to correct erroneous assessments.
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HB 786 — Taxes, local; taxpayer's application to court to correct erroneous assessments.
Last action — Referred to Committee on Finance
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House of Delegates
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2018 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Provides that on an appeal to court for relief from local taxes, the taxpayer shall not be required to show that the assessment is a result of manifest error or disregard of controlling evidence. The bill contains technical amendments.
Bill Text
What changed in the latest version
37 added · 41 removedPlain-language change summary
The latest version of HB 786 removes the requirement for taxpayers to prove intentional discrimination or that the assessment stems from a major error. Instead, they now need to demonstrate that their property's valuation was not fair, uniform, or in line with accepted appraisal practices. This change is significant because it lowers the burden of proof on taxpayers when contesting their property assessments, making it easier for them to challenge potentially unfair tax increases.
SESSION history | hilite | pdf | print version 18101855D18105700D HOUSE BILL NO.
786 OfferedAMENDMENT JanuaryIN 10,THE 2018NATURE PrefiledOF A SUBSTITUTE (Proposed by the House Committee on Finance on January 9,29, 20182018) (Patron Prior to Substitute--Delegate Keam) A BILL to amend and reenact § 58.1-3984 of the Code of Virginia, relating to local taxes;
---------- Patron-- Keam ---------- Referred to Committee on Finance ---------- Be it enacted by the General Assembly of Virginia:
In such proceedings, except for proceedings seeking relief from real property taxes, the burden of proof shall be upon the taxpayer to show that the property in question is valued at more than its fair market value or that the assessment is not uniform in its application, or that the assessment is otherwise invalid or illegal, but it shall not be necessary for the taxpayer to show that intentional, systematic, and willful discrimination has been mademade. or for the taxpayer to show that the assessment is a result of manifest error or disregard of controlling evidence.
In any appeal of an assessment of real or personal property, if the assessment that is the subject of the appeal is an increase of more than 20 percent over the assessment for the same property for the prior tax year, except in cases of buildings constructed in the previous five years, the assessor shall have the burden of proving by a preponderance of the evidence that the assessment is correct.
Any of these three mistakes constitutes manifest error and rebuts the presumption of correctness.
It shall not be required for the taxpayer to show that the assessment is a result of manifest error or disregard of controlling evidence.
View plain text versions (2)
- Committee Substitute House: Committee substitute printed 18105700D-H1 Current html January 29, 2018
- Prefiled House: Prefiled and ordered printed; offered 01/10/18 18101855D html January 09, 2018
Action History
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Referred to Committee on Finance
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Constitutional reading dispensed
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Read third time and passed House BLOCK VOTE (98-Y 0-N)
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Engrossed by House - committee substitute HB786H1
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Committee substitute agreed to 18105700D-H1
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Read second time
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Read first time
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Assigned Finance sub: Subcommittee #1
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Referred to Committee on Finance
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Prefiled and ordered printed; offered 01/10/18 18101855D
Sponsors
- Mark L. Keam · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 98 | 0 | 0 | 0 |
| Total | 98 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (98)
| Member | Party | Vote |
|---|---|---|
| Ayala | — | Yea |
| Cline | — | Yea |
| Fariss | — | Yea |
| Freitas | — | Yea |
| Gooditis | — | Yea |
| Habeeb | — | Yea |
| Hugo | — | Yea |
| Hurst | — | Yea |
| LaRock | — | Yea |
| Landes | — | Yea |
| Orrock | — | Yea |
| Poindexter | — | Yea |
| Ransone | — | Yea |
| Rush | — | Yea |
| Turpin | — | Yea |
| Tyler | — | Yea |
| Bell, John J. | — | Yea |
| Bell, Richard P. | — | Yea |
| Bell, Robert B. | — | Yea |
| Jones, J.C. | — | Yea |
| Jones, S.C. | — | Yea |
| Marshall | — | Yea |
| Bourne | — | Yea |
| Bulova | — | Yea |
| Byron | — | Yea |
| Campbell | — | Yea |
| Carter | — | Yea |
| Cole | — | Yea |
| Collins | — | Yea |
| Edmunds | — | Yea |
| Filler-Corn | — | Yea |
| Gilbert | — | Yea |
| Helsel | — | Yea |
| Heretick | — | Yea |
| Ingram | — | Yea |
| James | — | Yea |
| Keam | — | Yea |
| Kory | — | Yea |
| Levine | — | Yea |
| Lindsey | — | Yea |
| Miyares | — | Yea |
| Mullin | — | Yea |
| Murphy | — | Yea |
| Peace | — | Yea |
| Plum | — | Yea |
| Pogge | — | Yea |
| Mr. Speaker | — | Yea |
| Robinson | — | Yea |
| Rodman | — | Yea |
| Stolle | — | Yea |
| Toscano | — | Yea |
| Yancey | — | Yea |
| Barry D. Knight | — | Yea |
| Betsy B. Carr | — | Yea |
| C.E. Cliff Hayes, Jr. | — | Yea |
| Charniele L. Herring | — | Yea |
| Christopher T. Head | — | Yea |
| Danica A. Roem | — | Yea |
| David A. Reid | — | Yea |
| Delores L. McQuinn | — | Yea |
| Elizabeth R. Guzman | — | Yea |
| Emily M. Jordan | — | Yea |
| Garrett McGuire | — | Yea |
| Hyland F. "Buddy" Fowler, Jr. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| James A. "Jay" Leftwich | — | Yea |
| James W. Morefield | — | Yea |
| Jeion A. Ward | — | Yea |
| Jennifer B. Boysko | — | Yea |
| Jennifer D. Carroll Foy | — | Yea |
| Joshua E. Thomas | — | Yea |
| Karrie K. Delaney | — | Yea |
| Kathy K.L. Tran | — | Yea |
| Kelly K. Convirs-Fowler | — | Yea |
| Kimberly Pope Adams | — | Yea |
| Kimberly Pope Adams | — | Yea |
| Lamont Bagby | — | Yea |
| Lashrecse D. Aird | — | Yea |
| Luke E. Torian | — | Yea |
| M. Keith Hodges | — | Yea |
| Marcia S. "Cia" Price | — | Yea |
| Marcus B. Simon | — | Yea |
| Mark D. Sickles | — | Yea |
| Michael J. Webert | — | Yea |
| Patrick A. Hope | — | Yea |
| Paul E. Krizek | — | Yea |
| R. Lee Ware | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Robert S. Bloxom, Jr. | — | Yea |
| Sam Rasoul | — | Yea |
| Schuyler T. VanValkenburg | — | Yea |
| Terry G. Kilgore | — | Yea |
| Thomas A. Garrett, Jr. | — | Yea |
| Thomas C. Wright, Jr. | — | Yea |
| Todd E. Pillion | — | Yea |
| Tony O. Wilt | — | Yea |
| Vivian E. Watts | — | Yea |
| Will Davis | — | Yea |
Roll call published as PDF — view source.
Roll call published as PDF — view source.
Subjects
Frequently asked questions
- What does HB 786 do?
- Provides that on an appeal to court for relief from local taxes, the taxpayer shall not be required to show that the assessment is a result of manifest error or disregard of controlling evidence. The bill contains technical amendments.
- Who sponsors HB 786?
- HB 786 is sponsored by Keam, Mark L..
- What is the current status of HB 786?
- This bill died with 2018 Regular Session. It reached “Passed House of Delegates” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 786?
- Track HB 786 free on One Click Politics — get push/email alerts when it moves.
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