H. B. 2415


(By Delegates Faircloth, Doyle, Trump,
Mezzatesta and Manuel)
[Introduced January 20, 2003; referred to the
Committee on Finance.]
A BILL to amend and reenact section nine, article three, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to further amend said article by adding thereto a new section, designated section nine-a; and to amend article twenty-one of said chapter by adding thereto a new section, designated section twenty-a, all relating to exempting from personal property tax fifty percent of the assessed value of one personal vehicle of each member of a voluntary fire department or an emergency medical services agency used for voluntary fire department or emergency medical services purposes; and providing for the chief of the fire department and commissioner of the bureau of public health to furnish the assessor with a list of members and mileage records; and granting these members a credit against state personal income tax.

Be it enacted by the Legislature of West Virginia:
That section nine, article three, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; that said article be further amended by adding thereto a new section, designated section nine-a; and that article twenty-one of said chapter be amended by adding thereto a new section, designated section twenty-a, all to read as follows:
ARTICLE 3. ASSESSMENTS GENERALLY.

§11-3-9. Property exempt from taxation.
(a) All property, real and personal, described in this subsection, and to the extent herein limited, is exempt from taxation:
(1) Property belonging to the United States, other than property permitted by the United States to be taxed under state law;
(2) Property belonging exclusively to the state;
(3) Property belonging exclusively to any county, district, city, village or town in this state, and used for public purposes;
(4) Property located in this state, belonging to any city, town, village, county or any other political subdivision of another state, and used for public purposes;
(5) Property used exclusively for divine worship;
(6) Parsonages and the household goods and furniture pertaining thereto;
(7) Mortgages, bonds and other evidence of indebtedness in the hands of bona fide owners and holders hereafter issued and sold by churches and religious societies for the purposes of securing money to be used in the erection of church buildings used exclusively for divine worship, or for the purpose of paying indebtedness thereon;
(8) Cemeteries;
(9) Property belonging to, or held in trust for, colleges, seminaries, academies and free schools, if used for educational, literary or scientific purposes, including books, apparatus, annuities and furniture;
(10) Property belonging to, or held in trust for, colleges or universities located in West Virginia, or any public or private nonprofit foundation or corporation which receives contributions exclusively for such a college or university, if the property or dividends, interest, rents or royalties derived therefrom are used or devoted to educational purposes of such a college or university;
(11) Public and family libraries;
(12) Property used for charitable purposes, and not held or leased out for profit;
(13) Property used for the public purposes of distributing water or natural gas, or providing sewer service by a duly chartered nonprofit corporation when such the property is not held, leased out or used for profit;
(14) Property used for area economic development purposes by nonprofit corporations when such the property is not leased out for profit;
(15) All real estate not exceeding one acre in extent, and the buildings thereon, used exclusively by any college or university society as a literary hall, or as a dormitory or clubroom, if not used with a view to profit, including, but not limited to, property owned by a fraternity or sorority organization affiliated with a university or college, or property owned by a nonprofit housing corporation or similar entity on behalf of a fraternity or sorority organization affiliated with a university or college, when the property is used as residential accommodations, or as a dormitory for members of the organization;
(16) All property belonging to benevolent associations, not conducted for private profit;
(17) Property belonging to any public institution for the education of the deaf dumb or blind, or any hospital not held or leased out for profit;
(18) Houses of refuge and lunatic mental institutions or orphan asylums children's homes;
(19) Homes for children or for the aged, friendless or infirm, not conducted for private profit;
(20) Fire engines and implements for extinguishing fires, and property used exclusively for the safekeeping thereof, and for the meeting of fire companies and one personal vehicle owned by each voluntary fire department member and one personal vehicle owned by each member of an emergency medical service agency used for voluntary fire department or emergency medical service purposes as provided in section nine-a of this article;
(21) All property on hand to be used in the subsistence of livestock on hand at the commencement of the assessment year;
(22) Household goods to the value of two hundred dollars, whether or not held or used for profit;
(23) Bank deposits and money;
(24) Household goods, which for purposes of this section means only personal property and household goods commonly found within the house and items used to care for the house and its surrounding property, when not held or used for profit;
(25) Personal effects, which for purposes of this section means only articles and items of personal property commonly worn on or about the human body, or carried by a person and normally thought to be associated with the person when not held or used for profit;
(26) Dead victuals laid away for family use; and
(27) Any other property or security exempted by any other provision of law.
(b) Notwithstanding the provisions of subsection (a) of this section, no property is exempt from taxation which has been purchased or procured for the purpose of evading taxation, whether temporarily holding the same over the first day of the assessment year or otherwise.
(c) Real property which is exempt from taxation by subsection (a) of this section shall be entered upon the assessor's books, together with the true and actual value thereof, but no taxes may be levied upon the property or extended upon the assessor's books.
(d) Notwithstanding any other provisions of this section, this section does not exempt from taxation any property owned by, or held in trust for, educational, literary, scientific, religious or other charitable corporations or organizations, including any public or private nonprofit foundation or corporation existing for the support of any college or university located in West Virginia, unless such the property, or the dividends, interest, rents or royalties derived therefrom, is used primarily and immediately for the purposes of the corporations or organizations.
(e) The tax commissioner shall, by issuance of rules, provide each assessor with guidelines to ensure uniform assessment practices statewide to effect the intent of this section.
(f) Inasmuch as there is litigation pending regarding application of this section to property held by fraternities and sororities, amendments to this section enacted in the year one thousand nine hundred ninety-eight shall apply to all cases and controversies pending on the date of such the enactment.
§11-3-9a. Voluntary fire department member's and emergency medical service personnel's tax exemption for vehicle.

(a) Each member of a voluntary fire department in this state who regularly responds to emergency calls and each member of any emergency medical services agency in this state who regularly responds to emergency calls, may exempt from personal property tax fifty percent of the assessed value for one personal vehicle that is regularly used to further the purposes of the fire department or of the emergency medical services agency. Up to ten percent of any increase in revenue that a county derives from property reappraisal may be used to fund the exemption. If the county incurs a decrease in revenue as a result of the reappraisal, the exemption is optional. This exemption is not available to members of a paid fire department.
(b) The chief of every volunteer fire department within this state shall provide the assessor of each county with a list of all members of the chief's volunteer fire department. The list shall be updated within thirty days of any change in the membership of a voluntary fire department.
(c) The commissioner of the bureau of public health shall provide the assessor of each county with a list of all members of emergency medical service agencies in the state. The list shall be updated within thirty days of any change in the membership of an emergency medical service agency.
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-20a. Credit for use of personal vehicle by member of volunteer fire department or member of emergency medical service agency.

A resident member of a voluntary fire department in this state who regularly responds to emergency calls and the personnel of any emergency medical service agency in this state who regularly responds to emergency calls shall be allowed a credit against the tax otherwise due under this article in the amount of one hundred fifty dollars as the result of the use of one personal vehicle that is regularly used to further the purposes of the fire department or of the emergency medical services agency for any income tax imposed for the taxable year and subject to tax under this article.


NOTE: The purpose of this bill is to provide for each volunteer fire department member and each member of an emergency medical service agency an exemption of 50% of the assessed value from personal property tax on one personal vehicle used for the voluntary fire department or for emergency medical services. It also grants these members a tax credit of $150.

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

§11-3-9a and §11-21-20a are new; therefore, strike-throughs and underscoring have been omitted.