A West Virginia constitutional amendment will allow the Boy Scouts of America to rent out a property without losing its tax exemption.
Voters approved the West Virginia Nonprofit Youth Organization Tax Exemption Amendment on Tuesday.
The Boy Scouts sought to rent out facilities it owns at the Bechtel National Scout Reserve in Fayette County to raise money for its operations. The facilities would be used for concerts and sporting events.
Up until this year, the complex was used only for scouting events and a Boy Scout Jamboree that occurs every four years.
Without the amendment change, the Boy Scouts would have been on the hook for as much as $5 million in property taxes.
The amendment eliminates the potential tax burden. It passed with 62 percent voter approval.
Opponents of the amendment feared it gave the Boy Scouts an unfair advantage over local businesses that do pay taxes.
In a rare occurrence at the statehouse, Senators debated three possible Constitutional Amendments on the floor, changes that will ultimately be sent to the people for their approval.
Senate Joint Resolution 10 proposes a Constitutional Amendment designating the right to hunt and fish for West Virginians.
Sen. Corey Palumbo amended the resolution on the floor Wednesday, clarifying that the people of West Virginia have the right to hunt and fish the state’s game, but the state still maintains the ability to regulate those activities.
“What I fear in this amendment is that we are trumping those private property rights which our ancestors were so concerned about,” said Sen. Clark Barnes in opposition to the amendment. “Mr. President, I’m not urging members to vote one way or another, but I don’t believe the right to hunt and fish trumps private property rights.”
The amendment passed on a vote of 31 to 2, with Senators Barnes and Mike Hall voting against it.
Senators then moved to Senate Joint Resolution 12 proposing a Constitutional Amendment claiming the waters of the state for the use and benefits of its citizens.
The resolution came from Senate Majority Leader John Unger who has been increasingly vocal about protecting the resource since the Elk River chemical spill last month.
The amendment reads:
“It shall be the policy of the state of West Virginia that the water resources of this state shall be protected, conserved, utilized, and developed for the benefit, enjoyment and general welfare of its citizens consistent with and subject to the riparian rights and groundwater rights of the owners of real property.”
The resolution passed unanimously.
The final Senate Joint Resolution taken up for consideration was SJR 14, protecting the state’s Future Fund and designating how the interest earned from the fund can be spent.
The resolution couples with Senate Bill 461, Senate President Jeff Kessler’s bill creating a Future Fund. It is created through statute, but how those funds can be used after its establishment must then be determined by the people.
The amendment proposes restricting access to the principle for six years following its creation and restricts its appropriation for things like education, infrastructure or tax relief measures.
The resolution passed unanimously.
If all three resolutions are passed by the House, they will appear on the ballot in November for approval by the people.
