HJR101 CR AM 2-12 #1

The Committee on Constitutional Revision moves to amend the resolution on page two, following line two, section one-d, by striking out the remainder of the resolution and inserting in lieu thereof the following language:
"§1d. Discretionary exemption from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses.

Notwithstanding any other provision of this constitution, the Legislature may by law authorize counties to exempt, by ordinance, tangible personal property directly used in commercial and industrial businesses, but not in public utility businesses, from ad valorem property tax. The Legislature may prescribe and limit by law the tangible personal property qualified for such exemption, and counties may exempt all property so designated by the Legislature, or such components thereof as the county commission may designate. Any exemption established pursuant to this section is limited to qualified tangible personal property newly entered on the property tax rolls as of a prospective date certain and thereafter. Notwithstanding section one, article ten of this constitution, taxation shall be equal and uniform throughout the county for any county adopting any exemption pursuant to this section.
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 "Commercial and Industrial Tangible Personal Property Tax Exemption Amendment" and the purpose of the proposed amendment is summarized as follows: " The purpose of this amendment is to allow counties to exempt from ad valorem taxation tangible personal property newly entered on the property tax rolls as of a prospective date certain and thereafter and directly used in commercial and industrial businesses, but not in public utility businesses, or such components thereof as the county commission may designate, pursuant to legislative authorization. "