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.