HJR108 SFA Palumbo 3-6 #3 as amended

Hartley 7889

    Senator Palumbo moved to amend the resolution by striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE X. TAXATION AND FINANCE.

§12. Nonprofit youth organization revenue exemption.

    Notwithstanding any provision of this Constitution to the contrary, real property in this state which is owned by a non-profit organization that has as its primary purpose the development of youth through adventure, educational or recreational activities for young people and others, which property contains facilities built at a cost of not less than $100,000,000 and which property is capable of supporting additional activities within the region and the State of West Virginia is exempt from ad valorem property taxation whether or not such property is used for the nonprofit organization’s primary purpose or to generate revenue for the benefit of the non-profit organization subject to any requirements, limitations and conditions as may be prescribed by general law: Provided, That the tax exemption authorized by the provisions of this section shall not become effective until the Legislature adopts enabling legislation authorizing the exemption’s implementation and concurrently prescribing requirements, limitations and conditions for the use of the tax exempt facility that protect local and regionally located businesses from use of the tax exempt facility in a manner that causes unfair competition and unreasonable loss of revenue to those businesses.

    Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such proposed amendment is hereby numbered “Amendment No. 1” and designated as the “Nonprofit Youth Organization Tax Exemption Support Amendment” and the purpose of the proposed amendment is summarized as follows: “To amend the State Constitution to exempt certain nonprofit youth organizations from ad valorem property taxation on property owned by the organization which is used to support the organization.” This tax exemption does not take effect until the Legislature enacts laws that protect local and regional businesses from unfair competition and unreasonable loss of revenue from business competition by the facility utilizing this tax exemption.

Adopted

Rejected