H. J. R. 105


(By Mr. Speaker, Mr. Kiss, and Delegates Mezzatesta,

Michael, Warner, Givens, Fleischauer and Kominar)


[Introduced January 26, 2000; referred to the

Committee on Constitutional Revision then Finance]


Proposing an amendment to the Constitution of the State of West Virginia authorizing a nonrefundable exemption from the West Virginia personal income tax from any one form of pension, retirement or disability income of military veterans as selected by the military veteran, which exemption amount is to be in accordance with a formula whereby the amount of the exemption is not less than three per cent nor greater than five percent multiplied by the number of years of active duty in the armed forces of the United States of America multiplied by the pension, disability or retirement income selected by the veteran and authorizing the Legislature to enact legislation that provides definitions and implements the provisions of the amendment; 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 two thousand, which proposed amendment is to read as follows:
MILITARY VETERAN PENSION AMENDMENT.

I. The Legislature shall enact legislation which establishes a nonrefundable exemption from the West Virginia personal income tax for any one form of pension, retirement or disability income of a military veteran as chosen by the military veteran. The exemption shall be in accordance with a formula established by the legislature, from time to time, whereby the amount of the exemption is not less than three per cent nor greater than five percent multiplied by the number of years of active duty in the armed forces of the United States of America and the product thereof is then multiplied by the applicable pension, disability or retirement income as selected by the veteran . The Legislature is authorized to set the amount of the exemption and provide definitions.

 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 amendment is hereby numbered "Amendment No. 1" and designated as the "Military Veteran Pension Amendment. " and the purpose of the proposed amendment is summarized as follows: "To allow the Legislature to enact by general law a nonrefundable exemption from the West Virginia personal income tax for pension, retirement or disability income of military veterans in accordance with a formula whereby the amount of the exemption is not less than three per cent nor greater than five percent multiplied by the number of years of active duty in the armed forces of the United States of America multiplied by any one form of pension, disability or retirement income as selected the veteran ."