HOUSE JOINT RESOLUTION NO. 2

(By Delegate Linch)

[Introduced January 14, 1999; referred to the Committee on

Constitutional Revision then Finance.]


Proposing an amendment to the Constitution of the State of West Virginia, amending section one, article ten thereof, relating to taxation and providing that the Legislature may not tax the income of veterans received from military retirement or military disability pensions; numbering and designating the proposed amendment; and providing a summarized statement of the purpose of the 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 two thousand, which proposed amendment is that section one, article ten thereof be amended and reenacted, to read as follows:
ARTICLE X. TAXATION AND FINANCE.

§ 1. Taxation and finance.
Subject to the exceptions in this section, contained taxation shall be equal and uniform throughout the state. and All property, both real and personal, shall be taxed in proportion to its value to be ascertained as directed by law. No one species of property from which a tax may be collected shall may be taxed higher than any other species of property of equal value; except that the aggregate of taxes assessed in any one year upon personal property employed exclusively in agriculture, including horticulture and grazing, products of agriculture as above defined, including livestock, while owned by the producer, and money, notes, bonds, bills and accounts receivable, stocks and other similar intangible personal property shall may not exceed fifty cents on each one hundred dollars of value thereon and upon all property owned, used and occupied by the owner thereof exclusively for residential purposes and upon farms occupied and cultivated by their owners or bona fide tenants, one dollar; and upon all other property situated outside of municipalities, one dollar and fifty cents; and upon all other property situated within municipalities, two dollars; and the Legislature shall further provide by general law for increasing the maximum rates, authorized to be fixed, by the different levying bodies upon all classes of property, by submitting the question to the voters of the taxing units affected, but no increase shall may be effective unless at least sixty percent of the qualified voters shall favor such the increase, and such the increase shall may not continue for a longer period than three years at any one time, and shall may never exceed by more than fifty percent the maximum rate herein provided in this section and prescribed by law; and the revenue derived from this source shall be apportioned by the Legislature among the levying units of the state in proportion to the levy laid in said the units upon real and other personal property; but property used for educational, literary, scientific, religious or charitable purposes, all cemeteries, public property, the personal property, including livestock, employed exclusively in agriculture as above defined and the products of agriculture as so defined while owned by the producers may by law be exempted from taxation; household goods to the value of two hundred dollars shall be exempted from taxation.
Except as otherwise provided in this section, the Legislature shall have has the authority to tax privileges, franchises, and incomes of persons and corporations and to classify and graduate the tax on all incomes according to the amount thereof and to exempt from taxation, incomes below a minimum to be fixed from time to time, and such the revenues as may be that are derived from such the tax may be appropriated as the Legislature may provide provides. After the year nineteen hundred thirty-three, The Legislature may not tax the income of veterans received from military retirement or military disability pensions.
The rate of the state tax upon property shall may not exceed one cent upon the hundred dollars valuation, except to pay the principal and interest of bonded indebtedness of the state now existing.
Resolved further, That in accordance with the provisions of article eleven, chapter three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, such proposed amendment is hereby numbered "Amendment No. 1" and designated as the "Veterans' Income Protection Amendment" and the purpose of the proposed amendment is summarized as follows: "To amend the Constitution of West Virginia to remove the authority of the Legislature to tax the incomes of veterans received from military retirement or military disability pensions."


NOTE: The purpose of this resolution relates to amending the Constitution to remove the authority of the Legislature to tax the incomes of veterans received from military retirement or military disability pensions.
Strike-throughs indicate language that would be stricken from the present Constitution, and underscoring indicates new language that would be added.