H. J. R. 101
(By Mr. Speaker, Mr. Thompson, and Delegate Armstead)
[By Request of the Executive]
[Introduced January 14, 2010; referred to the
Committee on 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
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. 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.