COMMITTEE SUBSTITUTE
FOR
H. J. R. 101
(By Mr. Speaker, Mr. Thompson, and Delegate Armstead)
[By Request of the Executive]
(Originating in the Committee on Finance)
[February 15, 2010]
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
exemption from ad valorem taxation of tangible personal
property directly used in commercial and industrial
businesses; 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 ten, 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.
§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.