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Is it possible for a bill to create more buzz in death than in life? That’s a pretty tall order, especially with an important bill such as HB 570. But we caused quite an uproar yesterday and today with the post about its missing PBI vote.

Delegate Sal Iaquinto’s (R-84, Virginia Beach) bill wold have made the burden of proof an equal share between homeowners and assessors in assessment appeal cases. Several blogs picked up on it, including our friends Norman Leahy and Lynn Mitchell at Tertium Quids and SWAC Girl, respectively. Even though the vote was taken a couple weeks ago, the bill’s home page yesterday reflected a “Left In Committee” inaction by the Senate Finance Committee, even though the world knew it got plenty of action as committee liberals sunk it on a straight party line vote (a motion to “Pass By Indefinitely”). We reported the whole affair here along with the video of the entire committee debate and vote, yet the vote was taken down as if the world wouldn’t find out.

“Left In Committee” has a totally different meaning than PBI. It means that the bill was never given a hearing and the patron never had the opportunity to introduce the bill. There’s a big difference between a committee shirking its responsibility by not voting and in hiding its vote (that its members sought office to cast and for which they get paid to make). Not that one is worse than the other, there’s just a big difference between the two.

Just a few minutes ago, however, I received an update on HB 570 from the Legislative Information System. An unexpected update yesterday verified another twist in this dead bill’s life. Sure enough, voila! Just like David Copperfield (again) it appeared! So, if seeing the (video) isn’t believing, it’s now official with the vote listed here. Our disinfectant (this blog) did a little good as it turns out.

Earlier today, it must be said, at a meeting with another conservative organization, an ally relayed what she was told by someone either at LIS or from the Finance Committee staff: That since a vote to PBI doesn’t technically kill a bill, it was still alive, thus the vote was not posted online until it was past time upon which official action could be taken. But this explanation still doesn’t make sense.

A PBI vote kills a bill. If it is to be resurrected, it must be done so with a motion to reconsider. For that, the public needs to know how the vote went because only a member from the prevailing side can ask for such a motion. Either the bill was killed, and the people have a right to know who voted which way, or it was technically still alive and citizens need to know who to approach to try to save it. Furthermore, yesterday was the last day for committee action on bills. No matter the rationalization, the committee vote should have been posted within 24 hours of the meeting and not taken down. Just more games politicians used to get away with.

I was wondering why Legislative Information Services sent me an update on HB 570, a bill to give homeowners a level playing field when appealing their property assessments. After all, it was killed in the Senate Finance Committee about two weeks ago. I was so unconcerned, I didn’t even look at it. Then, because of totally unrelated events, a fellow blogger told me one of her readers was concerned because he heard his senator voted “no” on the bill — and was trying to find verification. I thought the senator in question voted correctly, but thought I’d double check. Simple enough. I’ll just e-mail her the link to the committee vote.

I went to the bill page and — better than David Copperfield — the vote had disappeared! Instead of the vote to “Pass By Indefinitely,” (a polite phrase for killing a bill), the last action now says, “Left In Committee.” In a way, that’s worse, because it looks like the committee shirked its responsibility to give all bills a fair hearing. Regardless, the Senate Finance Committee literally expunged its vote (see here)! What cowardice and disregard for representative government!

What’s really dumbfounding is that whoever made the decision to expunge the vote should’ve known that an LIS update would go out. That alone would send up a red flag. But most of all, they should remember this:

The Finance Committee thought it could expunge its deplorable vote in favor of government rights over taxpayer rights. But we have the video evidence here!

We recorded that committee hearing (and wrote about it here)! No escaping it liberal senators. Here it is, live and in color. Sound is pretty good, too. Simply fast forward to the end and see hear the vote. They’re all there: Saslaw, Whipple, Miller, et al, the Who’s Who of Big Government voting for government prosperity over individual rights.

This has not been a distinguished time for the Virginia Senate. First, it changed the ratio of committee assignments way out of proportion; then, it tried to re-refer bills out of committees without a vote; then, it changed the rules in mid-stream, to let sub-committees kill bills; followed by setting up a special Courts of Justice sub-committee the last week of session solely to kill particular bills the rest of the committee supports; and now, it’s expunging vote records! Your lawmakers at work.

The crush and pace of the Virginia General Assembly creates a dilemma: We cover a lot of ground and witness a lot of things, good and bad, almost all nearly impossible to relate. We do our best, but we hear it all the time from supporters who come to committee meetings: You really can’t believe it until you see if for yourself (at least we have video now). A lot of stuff sits in the file because we’re forced to move on to other topics: Such is the pace of 2,600 bills in 60 days. Don’t blog something one day, it’s old news the next. After all, our first priority is working on legislation.

However, several days ago, HB 570 was before the Senate Finance Committee. It preceded this infamous bill hearing (you must see this if you haven’t; click here). This bill, patroned by Delegate Sal Iaquinto (R-84, Virginia Beach) would level the playing field when property owners appeal their often over assessed homes in order to reduce their already overwhelming tax burdens. Besides, if the government has a good case, it will still win. A no-brainer, right? Not!

Currently, and the way it will now remain for at least another year, the homeowner is the equivalent to guilty until proven innocent, and low-income people can’t even afford to hire an appraiser and other expenses required to overcome the burden of proof. (That’s why advocates for low-income families joined us in supporting the bill.) Tellingly, the bill’s defeat was heavily targeted by a plethora of local governments and associated organizations whose goal is to further government’s prosperity and not that of the family or individual. One witness favoring the bill exposed their intentions by asking if they would be against this bill would help them overcome an unfair burden against the homeowner.

Hypocritically, in criticizing the bill, ultra liberal Senator Mary Margaret Whipple (D-31, Arlington) said that the jurisdictions she represents receive a disproportionate amount of local tax revenue from commercial properties and the bill did not exempt those buildings from the proposed new appeal process. When Delegate Iaquinto said he agreed and would accept that as a friendly amendment, she shot back, “I’m not going to offer that!” More hypocrisy was exposed when Senator John Watkins (R-10, Powhatan) offered a friendly amendment to rectify another complaint. Another ally was Senator William Wampler (R-40, Bristol), who made procedural motions to advance the bill. Yet, the bill still went down on a straight party line vote, 9-5, with Senator Fred Quayle (R-13, Suffolk) absent from the vote.

But, no need for me to try to capture the ignominy. See it for yourself. The entire debate is below in two parts.

Delegate Iaquinto makes a persuasive, commonsense case on behalf of home owners . . .

then the forces of big government preach government prosperity at the expense of individuals and families. So much for government guaranteeing individual rights and a fair day in court.

One of the biggest aggravations — and financial hardships — local governments place on taxpaying families and individuals is the assessments on their houses. Not only are local property tax rates often much too high, the assessments are as well, resulting in a double infliction of financial pain.

Of course, by law, localities must allow homeowners an appeals process if a homeowner thinks the assessment is too high. But, as usual in Virginia, we have laws to remedy a problem that are nothing more than window dressing, so that legislators can say, “We have a law,” (and plaster it all over campaign brochures). In fact, it’s said Virginia has laws to prevent solutions (such as our restrictive charter school law).

Virginia’s assessment appeals process is such a case and is counterproductive to a fair appeal. It’s almost like an IRS appeal where you are guilty until proven innocent. In the case of an assessment appeal, you must prove the assessor wrong — he or she has no burden to prove your property is valued at fair market value. It is such a stacked system that most aggrieved homeowners don’t even attempt to appeal and end up paying more than they should of their hard-earned income in local property taxes.

However, now there’s a chance to reform this overly slanted playing field in favor of the government to a level playing field for all homeowners. Delegate Sal Iaquinto (R-84, Virginia Beach) is patroning HB 570. It passed the House 86-13 and will be voted on in the Senate Finance Committee Wednesday.

Please contact members of the committee (click here) and ask them to report this bill to the floor so that taxpayers, homeowners and families finally can receive a bit of tax fairness.

According to fiscal impact statement attached to HB 570 (and these statements normally sink a bill, so it’s nice to have one that offers clarity on the subject) the bill would . . .

shift the burden of proof from the taxpayer to the assessor when the taxpayer appeals the assessment of real property to a Board of Equalization or to a circuit court, and would remove the presumption that the assessor’s valuation of real property is correct. The assessor would have the burden of proving that the property in question is valued at its fair market value or that the assessment is uniform in its application, or that the assessment is otherwise valid or legal.

In addition, currently, in all such cases, the taxpayer has the burden of proving that the property in question is valued at more than its fair market value — and is . . .

required to produce substantial evidence that the valuation determined by the assessor is erroneous and was not arrived at in accordance with generally accepted appraisal practice in order to receive relief.

Perhaps there is nothing in Virginia more contrary to American due process than our process to appeal unjust property assessments — assessments localities use to milk its residents for their unquenchable thirst for more tax revenue. Wednesday may be the day Virginia takes a big step toward reversing that and not just “having a law” for the sake of having a law, but having a law that puts its citizens first.