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Introduced Version House Joint Resolution 34 History

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hjr34 intr
HOUSE JOINT RESOLUTION NO.34

              (By Delegates Craig, Michael, Armstead,
                   Reynolds, Pasdon, Hartman, Kominar
and Andes)

[Introduced February 4, 2011; referred to the Committee on Constitutional Revision then Finance.]


Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, relating to by adding thereto a new section, designated section one-d, relating to authorizing the Legislature to exempt tangible personal property from ad valorem taxation; authorizing the Legislature to reduce maximum levy rates on tangible personal property as an alternative to exempting such property from ad valorem property taxation; requiring the Legislature to provide measures by which revenues reduced or lost as a result of such an exemption or rate reduction may be replaced; prohibiting any impact on any excess levy in effect at the time an exemption or rate reduction takes effect; authorizing the Legislature to phase in an exemption or rate reduction over a period not to exceed five years on property being taxed at the time an exemption or rate reduction takes effect; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
    Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:
    That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the State at the next general election to be held in the year 2012, which proposed amendment is that article X thereof be amended by adding thereto a new section, designated section one- d, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§1d. Exemption of tangible personal property from ad valorem __________taxation; reduction in maximum levy rates; replacement of __________lost revenues; impact upon excess levies; phase in of __________exemption or rate reduction.
__________Any other provision of this Constitution notwithstanding, the Legislature may by general law exempt tangible personal property from ad valorem property taxation, or such types thereof as the Legislature may by law designate. As an alternative to exempting tangible personal property from ad valorem property taxation, the Legislature may by general law reduce the maximum levy rates provided in section one of this article on such property, or such types thereof as the Legislature may by law designate. Should the Legislature enact such an exemption or rate reduction, it shall at the same time by general law provide measures by which revenues reduced or lost as a result of such exemption or rate reduction may be replaced. Any such exemption or rate reduction may not work to reduce any excess levy in effect at the time such exemption or rate reduction takes effect, but only for such time as such excess levy is in effect. Any exemption or rate reduction under this section may be phased in by the Legislature by general law over a period not to exceed five years for tangible personal property being taxed as of the time such exemption or rate reduction takes effect.
__________
Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Tangible Personal Property Tax Exemption and Rate Reduction Amendment," and the purpose of the proposed amendment is summarized as follows: "To amend the State Constitution to permit the Legislature to exempt or reduce maximum levy rates on tangible personal property from ad valorem taxation, or such types thereof as the Legislature may designate, and to require the Legislature to provide measures by which revenues reduced or lost as a result of such exemption or rate reduction may be replaced."

          NOTE: The purpose of this resolution is to submit the proposed "Tangible Personal Property Tax Exemption and Rate Reduction Amendment" to the Constitution of the State to the people of the state for ratification or rejection at the general election of 2012.

          Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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