SENATE JOINT RESOLUTION NO. 14
(By Senator Bowman, By Request)
[Introduced March 24, 1997; referred to the
Committee on Finance.]
Proposing an amendment to the Constitution of the State of West
Virginia, amending section one, article ten thereof,
relating to permitting the counties and municipalities,
together with the state to levy property taxes; permitting
a phase out of tax on personal property; permitting lower
rates on improvements than on land; numbering and
designating such proposed amendment; and providing a
summarized statement of the purpose of the 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 one thousand nine hundred ninety-eight,
which proposed amendment is that section one, article ten
thereof, be amended to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§1. Taxation and finance.
The state, counties and municipalities may levy property
taxes in proportion to the value of: (1) Land; (2) the
improvements thereon; and (3) personal property. These taxes
shall be uniform on all properties in each of these categories
throughout the taxing jurisdiction. State, county and municipal
legislative bodies each year shall determine the annual rates of
these taxes. All real property shall be assessed uniformly at
full and fair market value at least every three years according
to procedures prescribed by general law. The state may gradually
phase out the tax on personal property. The state, counties and
municipalities may set lower rates on the assessed improvement
values than on the assessed land values, but not higher rates on
assessed improvement values than on the assessed land values. Resolved further, That in accordance with the provisions of
article eleven, chapter three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, such proposed
amendment is hereby numbered "Amendment No. 1" and designated as
the "State, County and Municipal Property Tax Amendment," and the
purpose of the proposed amendment is summarized as follows: "To
provide a property tax amendment which will permit the state,
counties and municipalities the option to reduce the tax rate for
property improvements from the rate set for land and minerals, and also allow the state, counties and municipalities to levy
property taxes on land, improvements or personal property."
NOTE: The purpose of this bill is to provide a property tax
amendment which will permit the reduction of the tax rate for
property improvements from the rate set for land and minerals,
and also allow the state, counties and municipalities to levy
property taxes on land, improvements or personal property.
Section one, article ten has been completely rewritten;
therefore, strike-throughs and underscoring have been omitted.