HOUSE JOINT RESOLUTION NO.8
(By Delegates Craig, Reynolds, Pasdon,
Hartman and Andes)
[Introduced February 13, 2013; referred to the Committee
Constitutional Revision then Finance.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending article X thereof, 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 2014, 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.
ยง1d. 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 2014.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.