West Virginia-2017-HJR7-Introduced

Ad valorem property taxation shall be in accordance with this section and other applicable provisions of this article not inconsistent with this section.

Subsection A -- Value; Rate of Assessment; Exceptions

Notwithstanding any other provisions of this Constitution and except as otherwise provided in this section, all property subject to ad valorem taxation shall be assessed at sixty percent of its value, as directed to be ascertained in this section, except that the Legislature may from time to time, by general law agreed to by two-thirds of the members elected to each house, establish a higher percentage for the purposes of this paragraph, which percentage shall be uniform as to all classes of property defined in section one of this article, but not more than one hundred percent of ~~such~~ the value.

~~Notwithstanding the foregoing, for the first day of July, one thousand nine hundred eighty~~-two, and the first day of July of each year thereafter until the values may be fixed as a result of the first statewide reappraisal hereinafter required, assessments shall be made under the provisions of current statutory law, which is hereby validated for such purpose until and unless amended by the Legislature. Assessment and taxation in accord with this section shall be deemed to be equal and uniform for all purposes.

Subsection B -- Determination of Value

The Legislature shall provide by general law for periodic statewide reappraisal of all property, which reappraisal shall be related for all property to a specified base year which, as to each ~~such~~ reappraisal, shall be uniform for each appraisal for all classes of property and all counties. In ~~such~~ the law, the Legislature shall provide for consideration of: (1) Trends in market values over a fixed period of years prior to the base year; (2) the location of the property; and (3) ~~such~~ other factors and methods as it may determine: Provided, That with respect to reappraisal of all property upon the base year of 1980, ~~such~~ reappraisals are deemed to be valid and in compliance with this section: Provided, however, That with respect to farm property, as defined from time to time by the Legislature by general law, the determination of value shall be according to its fair and reasonable value for farming purposes, as may be defined by general law.

The results of each statewide appraisal shall upon completion be certified and published and errors ~~therein~~ in the appraisal may be corrected, all as provided by general law. ~~The first such statewide appraisal shall be completed, certified and published on or before the thirty~~-~~first day of March, one thousand nine hundred eighty~~-~~five, for use when directed by the Legislature.~~

The Legislature shall further prescribe by general law the manner in which each statewide reappraisal shall be employed to establish the value of the various separately assessed parcels or interests in parcels of real property and various items of personal property subject to ad valorem property taxation, the methods by which increases and reductions in value subsequent to the base year of each statewide reappraisal shall be ascertained, and require the enforcement ~~thereof~~ of the reappraisal.

Subsection C -- General Homestead Exemption

Notwithstanding any other provisions of this Constitution to the contrary, the first twenty thousand dollars of assessed valuation 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 permanently and totally disabled as that term may be defined by the Legislature, ~~shall be~~ is exempt from ad valorem property taxation, subject to ~~such~~ the requirements, limitations and conditions ~~as shall be~~ prescribed by general law. However, at its option each county has the authority to increase this exemption up to fifty thousand dollars or to an amount equal to fifty percent of the average property value in that county, whichever is greater.

Notwithstanding any other provision of this Constitution to the contrary, the Legislature ~~shall have~~ has the authority to provide by general law for an exemption from ad valorem property taxation ~~in an amount not to exceed the first twenty 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 under sixty-five years of age and not totally and permanently disabled: Provided, That upon enactment of ~~such~~ the general law, this exemption ~~shall only apply to such~~ only applies to the property in any county in which the property was appraised at its value as of the first day of January, one thousand nine hundred eighty, or ~~thereafter~~ after that, as determined by the Legislature, and this exemption shall be phased in over ~~such~~ a period ~~of time~~ not to exceed five years from the date ~~such~~ the property was so appraised, or ~~such~~ a longer time as the Legislature may determine by general law: Provided, however, That in no event ~~shall~~ may any one person and his or her spouse, or one homestead be entitled to more than one exemption under these provisions: Provided further, That these provisions are subject to ~~such~~ the requirements, limitations and conditions ~~as shall be~~ prescribed by general law.

The Legislature ~~shall have~~ has the authority to provide by general law for property tax relief to citizens of this state who are tenants of residential or farm property.

Subsection D -- Additional Limitations on Value

With respect to the first statewide reappraisal, pursuant to this section, the resulting increase in value in each and every parcel of land or interest therein and various items of personal property subject to ad valorem property taxation over and above the previously assessed value shall be allocated over a period of ten years in equal amounts annually.

The Legislature may by general law ~~also~~ provide for the phasing in of any ~~subsequent~~ statewide reappraisal of property.

Subsection E -- Levies for Free Schools

In equalizing the support of free schools provided by state and local taxes, the Legislature may require that the local school districts levy all or any portion of the maximum levies allowed under section one of this article which has been allocated to ~~such~~ the local school districts.

Within the limits of the maximum levies permitted for excess levies for schools or better schools in sections one and ten of this article, the Legislature may, in lieu of the exercise of such powers by the local school districts as heretofore provided, submit to the voters, by general law, a statewide excess levy, and if it be is approved by the required number of voters, impose ~~such~~ the levy, subject however to all the limitations and requirements for the approval of ~~such~~ the levies as in the case of a district levy. The law submitting the question to the voters shall provide, upon approval of the levy by the voters, for the assumption of the obligation of any local excess levies for schools then in force theretofore authorized by the voters of a local taxing unit to the extent of ~~such~~ the excess levies imposed by the state and so as to avoid double taxation of those local districts. The Legislature may also by general law reserve to the school districts ~~such~~ the portions of the power to lay authorized excess levies as it ~~may deem~~ considers appropriate to enable local school districts to provide educational services which are not required to be furnished or supported by the state. If a statewide excess levy for the support of free schools is approved by the required majority, the revenue from ~~such a~~ the statewide excess levy shall be deposited in the State Treasury and be allocated first for the local obligations assumed and ~~thereafter~~ after that for ~~such~~ part of the state effort to support free schools, by appropriation or as the law submitting the levy to the voters shall require, as the case may be.

The defeat of any ~~such~~ proposed statewide excess levy for school purposes ~~shall~~ does not in any way abrogate or impair any local existing excess levy for ~~such~~ that purpose nor prevent the adoption of any future local excess levy for ~~such~~ that purpose.

Subsection F -- Implementation

In the event of any inconsistency between any of the provisions of this section and other provisions of this Constitution, the provisions of this section ~~shall~~ prevail. The Legislature ~~shall have~~ has plenary power to provide by general law for the equitable application of this article. ~~and, as to taxes to be assessed prior to the first statewide reappraisal, to make such laws retroactive to the first day of July, one thousand nine hundred eighty~~-~~two, or thereafter.~~

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 allow each county to increase the homestead exemption from $20,000 to an amount not to exceed $50,000 or an amount equal to fifty percent of the average property value in the county, whichever is greater.”

NOTE: The purpose of this resolution is to allow each county to increase the homestead exemption from $20,000 to an amount not to exceed $50,000 or an amount equal to fifty percent of the average property value in the county, whichever is greater.

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