WEST virginia Legislature

2016 regular session

Introduced

Senate Joint Resolution 11

By Senators Plymale, Beach, Prezioso, Romano, Stollings, Yost, Williams and Unger

[Introduced February 19, 2016;
Referred to the Committee on the Judiciary; and then to the Committee on Finance.]

Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section one-d, relating to homestead exemption increase; 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 2016, which proposed amendment is that article X thereof, be amended by adding thereto a new section, designated section one-d, to read as follows:

ARTICLE X.  TAXATION AND FINANCE.

§1d.  Increase in Homestead Exemption.

Notwithstanding the provisions of section one of this Article or any other provision of this Constitution to the contrary, the Legislature has the authority to provide by general law to increase the exemption from ad valorem property taxation authorized by Subsection C, Section 1b, Article X, of this Constitution, in an amount not less than the first twenty thousand dollars nor more than the first forty thousand dollars of value of any real property, or of personal property in the form of a mobile home, used exclusively for residential purposes and occupied by the owner or one of the owners thereof as his or her residence who is a citizen of this state, and who is sixty-five years of age or older or is totally and permanently disabled as that term may be prescribed by general law:  Provided, That in no event may any one person and his or her spouse, or one homestead be entitled to more than one exemption under these provisions: Provided, however, That these provisions are subject to requirements, limitations and conditions as shall be prescribed by general law: Provided, further, That any property tax revenue decrease experienced by a county adopting an increase to the exemption as provided in this section shall be deducted from that county’s basic state aid allocation provided pursuant to the public school support plan.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Homestead Exemption Increase Amendment” and the purpose of the proposed amendment is summarized as follows: “The purpose of this amendment is to authorize the Legislature to provide by general law the authority to increase the homestead exemption from $20,000 to an amount not to exceed $40,000.”

NOTE: The purpose of this resolution is to authorize the Legislature to provide by general law the authority to increase the homestead exemption from $20,000 to not more than $40,000.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.