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Introduced Version House Joint Resolution 17 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2019 regular session

Introduced

House Joint Resolution 17

By Delegates Householder, Anderson, Jennings, Nelson, Steele, Jeffries, D., Foster, Criss, Wilson, and fast

[ Introduced January 17, 2019; Referred
to the Committee on Finance then Judiciary
]

Proposing an amendment to the Constitution of the State of West Virginia amending article X thereof by adding thereto a new section, designated one-d, relating to ad valorem property taxation; providing that the valuation, assessment value, and exemption from ad valorem property taxation, fully or in part, of tangible inventory, machinery and equipment personal property, or any kind thereof, directly used in business activity shall be determined exclusively as provided by law; 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 2020, 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.

§1d. Valuation, assessed value and exemption from taxation of tangible personal property used in business activity.

Notwithstanding any requirement or limitation of this Constitution to the contrary, the valuation, assessment value, and exemption from ad valorem property taxation, fully or in part, of tangible inventory, machinery and equipment personal property, or any type thereof, directly used in business activity shall be determined exclusively as provided by general law.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Business Inventory, Machinery and Equipment Tax Exemption Amendment” and the purpose of the proposed amendment is summarized as follows:  “To amend the State Constitution by authorizing the Legislature to make all determination as to the value, assessed value and exemption, in whole or in part, of and ultimately eliminating from ad valorem taxation tangible machinery, equipment and inventory personal property directly used in industrial business activity inventory, industrial machinery and equipment personal property directly used in business activity in this State.

 

NOTE: The purpose of this resolution is to establish that the valuation, assessment value, and exemption from ad valorem property taxation of tangible inventory, machinery and equipment personal property directly used in business activity shall be determined exclusively as provided by law.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.

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