HOUSE JOINT RESOLUTION NO. 5
(By Delegates Manuel, Doyle, Douglas,
Trump, Smirl, Campbell
)
(Introduced February 15, 2001; referred to the Committee on
Constitutional Revision then the Judiciary.)
Proposing an amendment to the Constitution of the State of West
Virginia, amending section seven, article ten thereof,
relating to eliminating the requirement for a three-fifths
majority vote in order for a local levying body to impose an
excess levy; 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 two thousand two, which proposed amendment
is that section seven, article ten thereof be amended, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§7. Duties of county authorities in assessing taxes.
County authorities shall may never assess taxes, in any one
year, the aggregate of which shall exceed exceeds ninety-five
cents per one hundred dollars valuation, except for the support
of free schools; payment of indebtedness existing at the time of
the adoption of this Constitution; and for the payment of any
indebtedness with the interest thereon, created under the
succeeding section, unless such assessment, with all questions
involving the increase of such aggregate, shall have has been
submitted to the vote of the people of the county, and have has
received three fifths a majority of all the votes cast for and
against it.
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 "Voting Percentage Required in Favor of Excess Tax Levies
Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to
amend the percentage of votes required for imposition of an
excess levy from sixty percent to a simple majority."
NOTE: The purpose of this joint resolution is to amend the
constitutional provision that requires a vote of three-fifths
majority or sixty percent for any excess tax levy and would
require only a simple majority vote instead.
Strike-throughs indicate language that would be stricken
from the present constitution, and underscoring indicates new
language that would be added.