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Introduced Version House Joint Resolution 10 History

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Key: Green = existing Code. Red = new code to be enacted
HOUSE JOINT RESOLUTION NO. 109

(By Delegate McGeehan)

[Introduced February 15, 2010; referred to the

Committee on Constitutional Revision then Finance.]






Proposing an amendment to the Constitution of the State of West Virginia, amending section five, article ten thereof, relating to abolishing personal and corporate income tax; 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 section five, article ten thereof, be amended to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§5. Power of taxation.
The power of taxation of the Legislature shall extend to provisions for the payment of the state debt, and interest thereon, the support of free schools, and the payment of the annual estimated expenses of the state; but whenever any deficiency in the revenue shall exist in any year, it shall, at the regular session thereof held next after the deficiency occurs, levy a tax for the ensuing year, sufficient with the other sources of income, to meet such deficiency, as well as the estimated expenses of such year: Provided, That the Legislature does not have the power to levy taxes on personal or corporate income, from whatever source derived.
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 "Abolishing Personal and Corporate Income Tax Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to abolish personal and corporate income tax."

NOTE: The purpose of this resolution is to abolish personal and corporate income tax.

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