Bill Text: WV SJR2 | 2017 | Regular Session | Introduced
Bill Title: Homestead Exemption Increase Amendment
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2017-02-08 - To Finance [SJR2 Detail]
Download: West_Virginia-2017-SJR2-Introduced.html
WEST virginia Legislature
2017 regular session
Introduced
Senate Joint Resolution 2
By Senators Sypolt, Jeffries and Gaunch
[Introduced February
8, 2017; referred
to the Committee on Finance; and then to the Committee on the Judiciary]
Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; 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 2018, which proposed amendment is that section one-b, article X thereof be amended to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§1b. Property tax limitation and homestead exemption amendment of 1982.
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 that purpose until and unless amended by the Legislature.
Assessment and taxation in accord with this section shall be deemed to be
is 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 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 one thousand nine
hundred eighty, such reappraisals are deemed to be valid and in compliance with
this section. Provided, however, That However, 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 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.
Subsection C — General Homestead Exemption
Notwithstanding any other
provisions of this Constitution to the contrary, the first twenty thirty
thousand 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 exempt from ad valorem property taxation, subject to such
the requirements, limitations and conditions as shall be prescribed by
general law.
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 thirty
thousand 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 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, as determined
by the Legislature, and this exemption shall be phased in over such the
period of time not to exceed five years from the date such the
property was so appraised, or such longer time as the Legislature may
determine by general law. Provided, however, That In no event shall
is any one person and his or her spouse, or one homestead be
entitled to more than one exemption under these provisions. Provided
further, That In addition, 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
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 statewide excess levy shall be
deposited in the State Treasury and be allocated first for the local
obligations assumed and thereafter for such the 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 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 the 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 increase the homestead exemption from $20,000 to $30,000.”
NOTE: The purpose of this resolution is to increase the homestead exemption from $20,000 to $30,000.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.