(By Delegates Smirl, C. White,

Hubbard, Jenkins, Yeager and Underwood)

[Introduced February 17, 1998; referred to the Committee on Constitutional Revision.]

Proposing an amendment to the Constitution of the State of West Virginia, amending section seven, article ten thereof, relating to eliminating the requirement for a super majority vote in order for a local levying body to impose an excess levy; 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 one thousand nine hundred ninety-eight, which proposed amendment is that section seven, article ten thereof be amended to read as follows:

§7. Duties of county authorities in assessing taxes.

County authorities shall may never assess taxes, in any one year, the aggregate of which shall exceed exceeds ninety-five cents per one hundred dollars valuation, except for the support of free schools; payment of indebtedness existing at the time of the adoption of this Constitution; and for the payment of any indebtedness with the interest thereon, created under the succeeding section, unless such assessment, with all questions involving the increase of such aggregate, shall have has been submitted to the vote of the people of the county, and have has received three fifths a majority of all the votes cast for and against it.
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 "Voting Percentage Required in Favor of Excess Tax Levies Amendment" and the purpose of the proposed amendment is summarized as follows: "The purpose of this amendment is to amend the percentage of votes required for imposition of an excess levy from sixty percent to a simple majority."

NOTE: The purpose of this joint resolution is to amend the constitutional provision that requires a vote of sixty percent for any excess tax levy and would require only a simple majority vote instead.

Strike-throughs indicate language that would be stricken from the present constitution, and underscoring indicates new language that would be added.