Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

Feb. 3, 2010, 2:00 pm

Location: House Chamber
1. Call to Order

2. Roll Call

3. PUBLIC HEARING

A. HJR101 (as introduced) - Commercial and Industrial Tangible Personal Property Tax Exemption Amendment.

ARTICLE X. TAXATION AND FINANCE.

§1d. Exemption from ad valorem taxation of manufacturing inventory and equipment.

Notwithstanding any other provision of the Constitution, tangible personal property directly used in commercial and industrial businesses, or such components thereof as the Legislature may in its discretion designate, may by law enacted by the Legislature be exempt from ad valorem taxation. 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: “To amend the state Constitution to permit the Legislature to exempt from ad valorem taxation tangible personal property directly used in commercial and industrial businesses, or such components thereof as the Legislature may in its discretion designate.”

NOTE: The purpose of this resolution is to submit the proposed “Commercial and Industrial Tangible Personal Property Tax Exemption Amendment” to the Constitution of the State to the people of the state for ratification or rejection at the general election of 2010. Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

B. SUGGESTED CHANGES TO HJR101 by REQUEST OF THE EXECUTIVE

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."

NOTE: The purpose of this resolution is to allow counties to exempt from ad valorem taxation, tangible personal property directly used in commercial and industrial businesses, but not utility businesses, or such components thereof as the county may designate, pursuant to legislative authorization.

4. Other Business

5. Adjournment


*agenda subject to change

Senate | House | Interim

Meeting Date Meeting Time Meeting Place Committee
04/04/2013 2:00 pm House Judiciary Committee Room 410-M Constitutional Revision
03/27/2013 2:00 pm House Judiciary Committee Room 410-M Constitutional Revision
03/20/2013 2:00 pm 418-M HJUD Committee Room Constitutional Revision
03/13/2013 2:00 pm 410-M HJUD Committee Room Constitutional Revision
03/06/2013 2:00 pm 410-M HJUD Committee Room Constitutional Revision
02/27/2013 2:00 pm 410-M HJUD Committee Room Constitutional Revision
02/20/2013 2:00 pm House Judiciary Committee Room 410-M Constitutional Revision
02/01/2012 2:00 pm House Judiciary Committee Room 410-M Constitutional Revision
01/25/2012 2:00 p.m. House Judiciary Committee Room 410M Constitutional Revision
03/03/2011 2:00 pm Room 410-M Constitutional Revision
02/22/2011 2:00 pm 410-M Constitutional Revision
02/15/2011 2:00 p.m. 410M Constitutional Revision
02/09/2011 2:00 pm 410-M (House Judiciary) Constitutional Revision
02/02/2011 2:00 pm 410M HJUD Cmte Room Constitutional Revision
01/26/2011 2:00 pm 410M Constitutional Revision
01/19/2011 2:00 pm 410M Constitutional Revision
02/10/2010 2:00 pm House Judiciary Committee Rm 410M Constitutional Revision
02/26/2003 9:00 AM Room M-418 Agenda
02/19/2003 9:00 AM House Judiciary, Room 418 Constitutional Revision
01/22/2003 9:00 AM House Judiciary Committee Room House Committee on Constitutional Revision
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature **