SENATE CONCURRENT RESOLUTION NO. 15

(By Senators Fanning and Hunter)


Requesting the Joint Committee on Government and Finance study taxation and valuation of managed timberland.

Whereas, The West Virginia Legislature has found and declared in section eleven, article one-c, chapter eleven of the Code of West Virginia that public welfare is enhanced by encouraging and sustaining the abundance of high quality forest land within the State; that economic pressures may force industrial, residential or other land development inconsistent with sustaining the forests; and that tax policy should provide an incentive for private owners of forest land to preserve the character and use of land as forest land and to make management decisions which enhance the quality of the future forest; and
Whereas, In exercising the authority granted by the provisions of section fifty-three, article VI of the Constitution of West Virginia, the Legislature declared and provided that managed timberland shall be valued as managed timberland when it is managed under a cooperative contract with the Division of Forestry; and
Whereas, It is believed that managed timberland valuation may be depriving certain counties of needed revenue and impeding economic development in one or more counties; and
Whereas, The majority of West Virginia's forests are owned by nonindustrial private landowners; and
Whereas, Less than one fourth of eligible forest land has been enrolled as managed timberland; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study taxation and valuation of managed timberland; and, be it
Further Resolved, That the Joint Committee on Government and Finance should consider whether the findings, purposes and declarations of the Legislature as set forth in section eleven, article one-c, chapter eleven of the Code of West Virginia continue to meet appropriate standards of equity, efficiency and fairness; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.