H. B. 2579
(By Delegates Hunt, Linch, Compton, Faircloth,
Jenkins and Riggs)
[Introduced February 1, 1999; referred to the Committee
on Finance then the Judiciary.]
A BILL to amend and reenact section two, article seven,
chapter sixty-four of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating
to authorizing the state tax commissioner to
promulgate a legislative rule relating to the value of
timberland and managed timberland.
Be it enacted by the Legislature of West Virginia:
That section two, article seven, chapter sixty-four of
the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted, to read
as follows:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE
TO PROMULGATE LEGISLATIVE RULES.
§64-7-2. Department of tax and revenue; tax division; and
state tax commissioner.
(a) The legislative rule filed in the state register
on the twenty-third day of July, one thousand nine hundred
ninety-six, authorized under the authority of section five,
article thirteen-j, chapter eleven of this code, modified
by the tax division to meet the objections of the
legislative rule-making review committee and refiled in the
state register on the thirty-first day of October, one
thousand nine hundred ninety-six, relating to the tax
division (tax credit for qualified agricultural equipment,
110 CSR 13J), is authorized.
(b) The legislative rule filed in the state register
on the sixteenth day of August, one thousand nine hundred
ninety-six, authorized under the authority of section
fifty-one, article twenty-one, chapter eleven of this code,
modified by the tax division to meet the objections of the
legislative rule-making review committee and refiled in
the state register on the thirty-first day of October, one
thousand nine hundred ninety-six, relating to the tax division (personal income tax low income exclusions, 110
CSR 21.1), is authorized.
(c) The legislative rule filed in the state register
on the sixteenth day of August, one thousand nine hundred
ninety-six, authorized under the authority of section
twenty-one, article twenty-one, chapter forty-seven of this
code, modified by the tax division to meet the objections
of the legislative rule-making review committee and
refiled in the state register on the twenty-seventh day
of February, one thousand nine hundred ninety-seven,
relating to the tax division (charitable raffles, 110 CSR
37), is authorized.
(d) The legislative rule filed in the state register
on the twenty-ninth day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
eleven-b, article one-c, chapter eleven, of this code,
modified by the state tax commissioner to meet the
objections of the legislative rule-making review committee
and refiled in the state register on the seventeenth day of
November, one thousand nine hundred ninety-eight, relating to the state tax commissioner (value of timberland and
managed timberland, 110 CSR 1H), is authorized with the
amendment set forth below:
On page eleven by adding a new section fifteen to read
as follows:
"§110-1H-15. Silvicultural activities. -- Sivicultural
activities, including harvesting, on managed timberland do
not constitute a nuisance at common law, nor are those
activities a nuisance under any of the statutes or rules of
this state."
NOTE: The purpose of this bill is to authorize the
State Tax Commissioner to promulgate a legislative rule
relating to the Value of Timberland and Managed Timberland.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.