Introduced Version
House Joint Resolution 17 History
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Key: Green = existing Code. Red = new code to be enacted
HOUSE JOINT RESOLUTION NO.17
(By Delegates Rodighiero and Reynolds)
[Introduced January 13, 2011; referred to the
Committee on Constitutional Revision then Finance.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section one-b, article X thereof, relating
to homestead exemption increase; 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 2012 and, which proposed amendment is that section one-b,
article X thereof be amended, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§1b. Property tax limitation and homestead exemption amendment of
1982.
Ad valorem property taxation shall be in accordance with this
section and other applicable provisions of this article not
inconsistent with this section.
Subsection A -- Value; Rate of Assessment; Exceptions.
Notwithstanding any other provisions of this Constitution and
except as otherwise provided in this section, all property subject
to ad valorem taxation shall be assessed at sixty percent of its
value, as directed to be ascertained in this section, except that
the Legislature may from time to time, by general law agreed to by
two thirds of the members elected to each house, establish a higher
percentage for the purposes of this paragraph, which percentage
shall be uniform as to all classes of property defined in section
one of this article, but not more than one hundred percent of such
the value.
Notwithstanding the foregoing, for July 1, 1982, and July 1
of each year thereafter until the values may be fixed as a result
of the first statewide reappraisal hereinafter required,
assessments shall be made under the provisions of current statutory
law, which is hereby validated for such that purpose until and
unless amended by the Legislature. Assessment and taxation in
accord with this section shall be deemed to be is equal and uniform
for all purposes.
Subsection B -- Determination of Value.
The Legislature shall provide by general law for periodic statewide reappraisal of all property, which reappraisal shall be
related for all property to a specified base year which, as to each
such reappraisal, shall be uniform for each appraisal for all
classes of property and all counties. In such law, the Legislature
shall provide for consideration of: (1) Trends in market values
over a fixed period of years prior to the base year; (2) the
location of the property; and (3) such other factors and methods as
it may determine: Provided, That with respect to reappraisal of
all property upon the base year of 1980, such reappraisals are
deemed to be valid and in compliance with this section: Provided,
however, That with respect to farm property, as defined from time
to time by the Legislature by general law, the determination of
value shall be according to its fair and reasonable value for
farming purposes, as may be defined by general law.
The results of each statewide appraisal shall upon completion
be certified and published and errors therein may be corrected, all
as provided by general law. The first such statewide appraisal
shall be completed, certified and published on or before the March
31,1985 , for use when directed by the Legislature.
The Legislature shall further prescribe by general law the
manner in which each statewide reappraisal shall be employed to
establish the value of the various separately assessed parcels or
interests in parcels of real property and various items of personal
property subject to ad valorem property taxation, the methods by which increases and reductions in value subsequent to the base year
of each statewide reappraisal shall be ascertained, and require the
enforcement thereof.
Subsection C -- General Homestead Exemption.
Notwithstanding any other provisions of this Constitution to
the contrary, the first twenty $30,000 of assessed valuation of any
real property, or of personal property in the form of a mobile home,
used exclusively for residential purposes and occupied by the owner
or one of the owners thereof as his or her residence who is a
citizen of this state and who is sixty-five years of age or older
or is permanently and totally disabled as that term may be defined
by the Legislature, shall be exempt from ad valorem property
taxation, subject to such the requirements, limitations and
conditions as shall be prescribed by general law.
Notwithstanding any other provision of this Constitution to the
contrary, the Legislature shall have the authority to provide by
general law for an exemption from ad valorem property taxation in
an amount not to exceed the first twenty $30,000 of value of any
real property, or of personal property in the form of a mobile home,
used exclusively for residential purposes and occupied by the owner
or one of the owners thereof as his or her residence who is a
citizen of this state, and who is under sixty-five years of age and
not totally and permanently disabled: Provided, That upon enactment
of such the general law, this exemption shall only apply to such the property in any county in which the property was appraised at its
value as of January 1, 1980, or thereafter, as determined by the
Legislature, and this exemption shall be phased in over such the
period of time not to exceed five years from the date such the
property was so appraised, or such longer time as the Legislature
may determine by general law: Provided, however, That in no event
shall any one person and his or her spouse, or one homestead be
entitled to more than one exemption under these provisions:
Provided further, That these provisions are subject to such the
requirements, limitations and conditions as shall be prescribed by
general law.
The Legislature shall have the authority to provide by general
law for property tax relief to citizens of this state who are
tenants of residential or farm property.
Subsection D -- Additional Limitations on Value.
With respect to the first statewide reappraisal, pursuant to
this section, the resulting increase in value in each and every
parcel of land or interest therein and various items of personal
property subject to ad valorem property taxation over and above the
previously assessed value shall be allocated over a period of ten
years in equal amounts annually.
The Legislature may by general law also provide for the phasing
in of any subsequent statewide reappraisal of property.
Subsection E -- Levies for Free Schools
In equalizing the support of free schools provided by state and
local taxes, the Legislature may require that the local school
districts levy all or any portion of the maximum levies allowed
under section one of this article which has been allocated to such
the local school districts.
Within the limits of the maximum levies permitted for excess
levies for schools or better schools in sections one and ten of this
article, the Legislature may, in lieu of the exercise of such powers
by the local school districts as heretofore provided, submit to the
voters, by general law, a statewide excess levy, and if it be
approved by the required number of voters, impose such the levy,
subject however to all the limitations and requirements for the
approval of such the levies as in the case of a district levy. The
law submitting the question to the voters shall provide, upon
approval of the levy by the voters, for the assumption of the
obligation of any local excess levies for schools then in force
theretofore authorized by the voters of a local taxing unit to the
extent of such the excess levies imposed by the state and so as to
avoid double taxation of those local districts. The Legislature may
also by general law reserve to the school districts such the
portions of the power to lay authorized excess levies as it may deem
appropriate to enable local school districts to provide educational
services which are not required to be furnished or supported by the
state. If a statewide excess levy for the support of free schools is approved by the required majority, the revenue from such a
statewide excess levy shall be deposited in the State Treasury and
be allocated first for the local obligations assumed and thereafter
for such part of the state effort to support free schools, by
appropriation or as the law submitting the levy to the voters shall
require, as the case may be.
The defeat of any such proposed statewide excess levy for
school purposes shall may not in any way abrogate or impair any
local existing excess levy for such that purpose nor prevent the
adoption of any future local excess levy for such that purpose.
Subsection F -- Implementation.
In the event of any inconsistency between any of the provisions
of this section and other provisions of this Constitution, the
provisions of this section shall prevail. The Legislature shall
have plenary power to provide by general law for the equitable
application of this article and, as to taxes to be assessed prior
to the first statewide reappraisal, to make such laws retroactive
to July 1, 1982, or thereafter.
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 "Homestead Exemption Increase
Amendment" and the purpose of the proposed amendment is summarized
as follows: "The purpose of this amendment is to increase the homestead exemption from $20,000 to $30,000.
NOTE: The purpose of this resolution is to increase the
homestead exemption from $20,000 to $30,000.
Strike-throughs indicate language that would be stricken from
the present Constitution, and underscoring indicates new language
that would be added.