SENATE JOINT RESOLUTION NO. 9

(By Senators Deem, Ross, Buckalew, Sprouse, Kimble, Sharpe, Schoonover, McKenzie, Dugan, Anderson and Bowman)

[Introduced March 6, 1997; referred to the

Committee on Finance.]


Proposing an amendment to the Constitution of the State of West Virginia, amending article ten thereof by adding thereto a new section, designated section five-a, relating to taxes; providing that bills imposing a new tax and bills increasing the effective rate of any tax levied may not be enacted unless sixty percent of the members of each house, present and voting, vote in the affirmative for passage; numbering and designating the 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 article ten be amended by adding thereto a new section, designated section five-a, to read as follows:
ARTICLE X. TAXATION AND FINANCE.

§5a. Sixty percent required for passage of bills containing tax increases.

(a) Bills imposing a new tax and bills increasing the effective rate of any existing tax levied may not be enacted unless sixty percent of the members of each house, present and voting, vote in the affirmative for passage.
(b) The provisions of this section do not apply to any tax authorized by an act of the Legislature enacted prior to the ratification of this section by the voters.
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 "Super-Majority Required for Passage of Tax Bill Amendment" and the purpose of the proposed amendment is summarized as follows: "To provide that bills imposing a new tax or increasing an existing tax may not be enacted unless two thirds of the members of each house present vote in the affirmative for passage."


NOTE: The purpose of this joint resolution is to propose an amendment to the Constitution to require that bills imposing a new tax and bills increasing the effective rate of any existing tax may not be enacted unless sixty percent of the members of each house, present and voting, vote in the affirmative for passage.

This section is new; therefore, strike-throughs and underscoring have been omitted.