H. B. 2593
(By Delegate Michael)
[Introduced March 18, 1997; referred to the
Committee on Finance.]
A BILL to amend and reenact sections three and four, article
thirteen-j, chapter eleven of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
removing the project certification fee from the neighborhood
investment program.
Be it enacted by the Legislature of West Virginia:
That sections three and four, article thirteen-j, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted to read as
follows:
ARTICLE 13J. NEIGHBORHOOD INVESTMENT PROGRAM.
§11-13J-3. Definitions.
(a)
General. -- When used in this article, or in the
administration of this article, terms defined in subsection (b) of this section shall have the meanings ascribed to them by this
section, unless a different meaning is clearly required by either
the context in which the term is used, or by specific definition
in
this article.
(b) Terms defined.
(1)
Affiliate. -- The terms "affiliate" or "affiliates"
include all concerns which are affiliates of each other when
either directly or indirectly:
(A) One concern controls or has the power to control the
other; or
(B) A third party or third parties control or have the power
to control both. In determining whether concerns are
independently owned and operated and whether or not affiliation
exists,
consideration shall be given to all appropriate factors,
including common ownership, common management and contractual
relationships.
(2)
Capacity building. -- The term "capacity building" means
to generally enhance the capacity of the community to achieve
improvements and to obtain the community services described in
items (i) through (v), inclusive of the definition of that term,
as set forth in subdivision (4) of this subsection. Capacity
building includes, but is not limited to, improvement of the
means, or capacity, to:
(i) Access, obtain and use private, charitable and
governmental assistance programs, administrative assistance, and
private, charitable and governmental resources or funds;
(ii) Fulfill legal, bureaucratic and administrative
requirements and qualifications for accessing assistance,
resources or funds; and
(iii) Attract and direct political and community attention
to needs of the community for the purpose of increasing access to
and use of assistance, resources or funds for a given purpose,
goal or need.
(3)
Commissioner or tax commissioner. -- The terms
"commissioner" and "tax commissioner" are used interchangeably
herein and mean the tax commissioner of the state of West
Virginia, or his or her delegate.
(4)
Community services. -- "Community services" means
services, provided at no charge whatsoever, of:
(i) Providing any type of health, personal finance,
psychological or behavioral, religious, legal, marital,
educational or housing counseling and advice to economically
disadvantaged citizens or a specifically designated group of
economically disadvantaged citizens, or in an economically
disadvantaged area; or
(ii) Providing emergency assistance or medical care to economically disadvantaged citizens or to a specifically
designated group of economically disadvantaged citizens, or in an
economically disadvantaged area; or
(iii) Establishing, maintaining or operating recreational
facilities, or housing facilities for economically disadvantaged
citizens or a specifically designated group of economically
disadvantaged citizens, or in an economically disadvantaged area;
or
(iv) Providing economic development assistance to
economically disadvantaged citizens or a specifically designated
group of economically disadvantaged citizens without regard to
whether they are located in an economically disadvantaged area,
or to
individuals, groups or neighborhood or community
organizations, in an economically disadvantaged area; or
(v) Providing community technical assistance and capacity
building to economically disadvantaged citizens or a specifically
designated group of economically disadvantaged citizens or to
individuals, groups or neighborhood or community organizations in
an economically disadvantaged area.
(5)
Compensation. -- The term "compensation" means wages,
salaries, commissions and any other form of remuneration paid to
employees for personal services.
(6)
Corporation. -- The term "corporation" means any corporation, joint-stock company or association, and any business
conducted by a trustee or trustees wherein interest or ownership
is evidenced by a certificate of interest or ownership or similar
written instrument.
(7)
Crime prevention. -- "Crime prevention" means any
activity which aids in the reduction of crime.
(8)
Delegate. -- The term "delegate" in the phrase "or his
or her delegate", when used in reference to the tax commissioner,
means any officer or employee of the tax division of the
department of tax and revenue duly authorized by the tax
commissioner directly, or indirectly by one or more redelegations
of authority, to perform the functions mentioned or described in
this article.
(9)
Director or director of the West Virginia development
office. -- The term "director" or "director of the West Virginia
development office" means the director of the West Virginia
office.
(10)
Economically disadvantaged area. -- The term
"economically disadvantaged area" means:
(A) In a municipality - any area not exceeding fifteen
square miles in West Virginia which contains any portion of an
incorporated municipality and:
(i) In which area the average annual gross personal income of residents living therein is not more than one hundred twenty- five percent of the federal designated poverty level for personal
incomes; and
(ii) That is certified as an economically disadvantaged area
by the West Virginia development office.
(B) In a rural area - any area not exceeding twenty-five
square miles in West Virginia:
(i) Which area is located in a rural area and which contains
no incorporated municipalities or portions thereof;
(ii) In which area the average annual gross personal income
of residents living therein is not more than one hundred twenty- five percent of the federal designated poverty level for personal
incomes; and
(iii) That is certified as an economically disadvantaged
area by the West Virginia development office.
(C) An economically disadvantaged area shall qualify as such
only pursuant to a certification issued by the West Virginia
development office.
Such The certifications issued by the West
Virginia development office shall expire after the passage of
five calendar years, unless specifically limited to a shorter
time by specific order of the West Virginia development office,
and no area shall hold the status of a certified economically
disadvantaged area for a period of time greater than ten years, either consecutively or in the aggregate.
(D) The certification of an economically disadvantaged area
shall be made on the basis of current indices of social and
economic conditions, which shall include, but not be limited to,
the median per capita income of the area in relation to the
median per capita income of the state or standard metropolitan
statistical area in which the area is located.
(E) No economically disadvantaged area may be certified
within twenty-five miles of any other certified economically
disadvantaged area. Not more than six economically disadvantaged
areas may hold the status of certified economically disadvantaged
areas at any one time in this state.
(F) At least a majority of all economically disadvantaged
areas holding designations as economically disadvantaged areas at
any one time shall be located in rural areas.
(G)
Such The certification shall be filed with the secretary
of state and shall specifically set forth the boundaries of the
economically disadvantaged area by both description and map, the
date of certification of the area as an economically
disadvantaged area, the date on which
such the certification will
terminate and a statement of the director's findings as to the
average annual gross personal income of residents living in the
certified economically disadvantaged area.
(11)
Economically disadvantaged citizen. -- The term
"economically disadvantaged citizen" means a natural person, who
during the current taxable year has, or during the immediately
preceding taxable year had, an annual gross personal income not
exceeding one hundred twenty-five percent of the federal
designated poverty level for personal incomes, and who is a
domiciliary and resident of this state.
(12)
Education. -- "Education" means any type of scholastic
instruction to, or scholarship by, an individual that enables
such individual to prepare for better life opportunities.
Education does not include courses in physical training, physical
conditioning, physical education, sports training, sports camps
and similar training or conditioning courses (except for physical
therapy prescribed by a physician or other person licensed to
prescribe courses of medical treatment under West Virginia law).
(13)
Eligible contribution. --
(A) An eligible contribution consists of cash, tangible
personal property valued at its fair market value, real property
valued at its fair market value or a contribution of in-kind
professional services valued at seventy-five percent of fair
market value.
(B) For purposes of this definition, the value of in-kind
professional services will not qualify as an eligible contribution unless the services are:
(i) Reasonably priced and valued, and reasonably necessary
services customarily and normally provided by the contributor in
the normal course of business to customers, clients or patients
other than those encompassed by the project plan;
(ii) Not reimbursable, in whole or in part, from sources
other
than the tax credit provided under this article; and
(iii) Are services which are not available elsewhere in the
community.
(C) The term "professional services" means only those
services provided directly by a physician licensed to practice in
this state, those services provided directly by a dentist
licensed to practice in this state, those services provided
directly by a lawyer licensed to practice in this state, those
services provided directly by a registered nurse, licensed
practical nurse, dental hygienist, or other health care
professional licensed to practice in this state and those
services provided directly by a certified public accountant or
public accountant licensed to practice in this state.
(D)
Minimum contribution. -- No contribution of cash,
property or professional services or any combination thereof
contributed in any tax year by any taxpayer having a fair market
value of less than five hundred dollars qualifies as an eligible contribution.
(E)
Maximum contribution. -- No contribution of cash,
property or professional services or any combination thereof
contributed in any tax year by any taxpayer having a fair market
value in excess of two hundred thousand dollars qualifies as an
eligible contribution.
(F)
Limitations. -- Not more than fifty percent of total
eligible contributions to a certified project may be in-kind
contributions. Not more than twenty-five percent of total
eligible contributions made by any taxpayer to any certified
project may be in-kind contributions.
(14)
Eligible taxpayer. --
(A) The term "eligible taxpayer" means any person subject to
the taxes imposed by article twenty-one, twenty-three or
twenty-four of this chapter which makes an eligible contribution
to a qualified charitable organization pursuant to the terms of
a certified project plan for the purpose of providing
neighborhood assistance, community services, or crime prevention,
or for the purpose of providing job training or education for
individuals not employed by the contributing taxpayer or an
affiliate of the contributing taxpayer or a person related to the
contributing taxpayer.
(B) "Eligible taxpayer" also includes an affiliated group of taxpayers if such group elects to file a consolidated corporation
net income tax return under article twenty-four of this chapter
and if one or more affiliates included in such affiliated group
would qualify as an eligible taxpayer under part (A) of this
paragraph.
(15)
Includes and including. -- The terms "includes" and
"including", when used in a definition contained in this article,
shall may not be deemed to exclude other things otherwise within
the meaning of the term defined.
(16)
Job training. -- "Job training" means instruction to an
individual that enables the individual to acquire vocational
skills so as to become employable or to be able to seek a higher
grade of employment.
(17)
Natural person or individual. -- The term "natural
person" and the term "individual" means a human being. The terms
"natural person" and "individual" do not mean, and specifically
exclude any corporation, limited liability company, partnership,
joint venture, trust, organization, association, agency,
governmental subdivision, syndicate, affiliate or affiliation,
group, unit or any entity other than a human being.
(18)
Neighborhood assistance. -- "Neighborhood assistance"
means either:
(A) Furnishing financial assistance, labor, material and technical advice to aid in the physical or economic improvement
of any part or all of an economically disadvantaged area; or
(B) Furnishing technical advice to promote higher employment
in an economically disadvantaged area.
(19)
Neighborhood organization. -- "Neighborhood
organization" means any organization:
(A) Which is performing community services, as defined in
this section; and
(B) Which is exempt from income taxation under Sections
501(c)(3) or (4) of the Internal Revenue Code.
(20)
West Virginia development office. -- The term "West
Virginia development office" means the West Virginia development
office.
(21)
Partnership and partner. -- The term "partnership"
includes a syndicate, group, pool, joint venture or other
unincorporated organization through or by means of which any
business, financial operation or venture is carried on, and which
is not a trust or estate, a corporation or a sole proprietorship.
The term "partner" includes a member in such a syndicate, group,
pool, joint venture or organization.
(22)
Person. -- The term "person" includes any natural
person, corporation, limited liability company or partnership.
(23)
Project transferee. -- The term "project transferee" means any neighborhood organization, qualified charitable
organization, charitable organization or other organization,
entity or person that receives an eligible contribution or part
of an eligible contribution from an eligible taxpayer for the
purpose of, directly or indirectly, providing neighborhood
assistance, community services, or crime prevention, or for the
purpose of providing job training or education or other services
or assistance pursuant to a project plan. The project transferee
is typically the first entity or person receiving eligible
contributions from eligible taxpayers under a project plan.
However, in the case of eligible contributions of in-kind
services or other eligible contributions or portions thereof made
pursuant to a certified project plan directly to indigent,
disadvantaged or needy persons, economically disadvantaged
citizens, or other persons or organizations under the sponsorship
or auspices of any neighborhood organization, qualified
charitable organization, charitable organization or other
organization, entity or person as a certified project
participant, such eligible contributions shall be deemed to have
been made to the entity, organization or person under whose
sponsorship or auspices such eligible contributions are made, and
that entity, organization or person is deemed to be the project
transferee with relation to those eligible contributions.
The project transferee is the entity, organization or person that is
liable under this article for payment of the project
certification fee to the West Virginia development office. The
term "project transferee"
shall mean and include means any
deemed project transferee, deemed as such under the provisions of
this article.
(24)
Qualified charitable organization. -- The term
"qualified charitable organization" means a neighborhood
organization, as defined in this section, which is the sponsor of
a project which has received certification by the director of the
West Virginia development office pursuant to the requirements of
this article:
Provided, That no organization may qualify as a
qualified organization for purposes of this article if
such the
organization is not registered with this state as required under
the solicitation of charitable funds act.
(25)
Related person. -- The term "related person" or "person
related to" a stated taxpayer means:
(A) An individual, corporation, partnership, affiliate,
association or trust or any combination or group thereof
controlled by the taxpayer; or
(B) An individual, corporation, partnership, affiliate,
association or trust or any combination or group thereof that is
in control of the taxpayer; or
(C) An individual, corporation, partnership, affiliate,
association or trust or any combination or group thereof
controlled by an individual, corporation, partnership, affiliate,
association or trust or any combination or group thereof that is
in control of the taxpayer; or
(D) A member of the same controlled group as the taxpayer.
For purposes of this article, "control", with respect to a
corporation means ownership, directly or indirectly, of stock
possessing fifty percent or more of the total combined voting
power of all classes of the stock of
such the corporation which
entitles its owner to vote. "Control", with respect to a trust,
means ownership, directly or indirectly, of fifty percent or more
of the beneficial interest in the principal or income of
such the
trust. The ownership of stock in a corporation, of a capital or
profits interest in a partnership or association or of a
beneficial interest in a trust shall be determined in accordance
with the rules for constructive ownership of stock provided in
Section 267(c), other than paragraph (3) of such section, of the
United States Internal Revenue Code, as amended.
(26)
State fiscal year. -- "State fiscal year" means a
twelve-month period beginning on the first day of July and ending
on the thirtieth day of June.
(27)
Taxpayer. -- The term "taxpayer" means any person subject to the tax imposed by article twenty-one, twenty-three
or twenty-four of this chapter (or any one or combination of such
articles of this chapter).
(28)
Technical assistance. --
(A) The term "technical assistance" means assistance in
understanding, using and fulfilling the legal, bureaucratic and
administrative requirements and qualifications which must be
negotiated for the purpose of effectively accessing, obtaining
and using private, charitable, not-for-profit or governmental
assistance, resources or funds, and maximizing the value thereof.
(B) "Technical assistance" also means assistance provided by
any person holding a license under West Virginia law to practice
any licensed profession or occupation, whereby
such the person,
in the practice of such profession or occupation, assists
economically disadvantaged citizens or the persons in an
economically disadvantaged area by:
(i) Providing any type of health, personal finance,
psychological or behavioral, religious, legal, marital,
educational or housing counseling and advice to economically
disadvantaged citizens or a specifically designated group of
economically disadvantaged citizens, or in an economically
disadvantaged area; or
(ii) Providing emergency assistance or medical care to economically disadvantaged citizens or to a specifically
designated group of economically disadvantaged citizens, or in an
economically disadvantaged area; or
(iii) Establishing, maintaining or operating recreational
facilities, or housing facilities for economically disadvantaged
citizens or a specifically designated group of economically
disadvantaged citizens, or in an economically disadvantaged area;
or
(iv) Providing economic development assistance to
economically disadvantaged citizens or a specifically designated
group of economically disadvantaged citizens without regard to
whether they are located in an economically disadvantaged area,
or to individuals, groups or neighborhood or community
organizations, in an economically disadvantaged area; or
(v) Providing community technical assistance and capacity
building to economically disadvantaged citizens or a specifically
designated group of economically disadvantaged citizens or to
individuals, groups or neighborhood or community organizations in
an economically disadvantaged area.
(29)
This code. -- The term "this code" means the code of
West Virginia, one thousand nine hundred thirty-one, as amended.
(30)
This state. -- The term "this state" means the state of
West Virginia.
§11-13J-4. Eligibility for tax credits; creation of neighborhood
investment fund; certification of project plans by the West Virginia development office.
(a) A neighborhood organization which seeks to sponsor a
project and have that project certified pursuant to this article
shall submit to the director of the West Virginia development
office an application for certification of a project plan, in
such form as the director shall prescribe, setting forth the
project to be implemented, the identity of all project
participant organizations, the economically disadvantaged
citizens or a specifically designated group of economically
disadvantaged citizens, to be assisted by the project or the
economically disadvantaged area or areas selected for assistance
by the project, the amount of total tax credits to be created by
the proposed project pursuant to the receipt of eligible
contributions from eligible taxpayers under this article, the
amount of the total estimated eligible contributions to be
received pursuant to the project, and the schedule for
implementing the project.
(b)
Project certification fee; payment of costs; revolving
fund. --
(1) (A) Project certification fee. -- Any project transferee
that receives eligible contributions under or pursuant to a certified project plan shall pay to the West Virginia development
office a project certification fee in the amount of three percent
of the amount of the total eligible contributions received by
such project transferee pursuant to the certified project plan.
The project certification fee shall be paid to the West Virginia
development office within thirty days of the receipt of any
eligible contribution, or portion thereof.
(B) Eligible contributions made through direct service to
end users or recipients, or contributions to end users or
recipients. -- In the case of eligible contributions of in-kind
services or other eligible contributions or portions thereof made
pursuant to a certified project plan and contributed or provided
directly to indigent, disadvantaged or needy persons,
economically disadvantaged citizens or other persons or
organizations made under the sponsorship or auspices of any
neighborhood organization, qualified charitable organization,
charitable organization or other organization, entity or person
as a certified project participant, such eligible contributions
shall be deemed to have been made to the entity, organization or
person under whose sponsorship or auspices
such the eligible
contributions are made, and that entity, organization or person
is deemed to be the project transferee with relation to those
eligible contributions.
Such deemed project transferee shall be liable for the project certification fee due for such eligible
contributions.
(C) Computation of fee based on fair market value. -- In the
case of eligible contributions consisting of in-kind services,
tangible personal property or realty, the project transferee
shall pay to the West Virginia development office a project
certification fee in the amount of three percent of the fair
market value of eligible contributions received pursuant to the
certified project plan.
(2) Sanctions for failure to timely pay the project
certification fee. -- Failure to timely pay the project
certification fee imposed by this section shall be grounds for
imposition of any of the following sanctions, to be imposed by
the director of the West Virginia development office at the
discretion of the director:
(A) Prospective revocation of the project certification.
No tax credit shall be allowed for any project for which
certification has been revoked for periods subsequent to the
effective date of revocation. Credit taken by any taxpayer in
accordance with this article pursuant to the making of an
eligible contribution to a project transferee pursuant to a
certified project plan prior to the effective date of revocation
of project certification shall not be subject to recapture by reason of revocation of the certification. However, such credit
shall otherwise be subject to audit and adjustment or recapture
in accordance with the requirements of this article.
(B) Retroactive withdrawal of the project certification.
No tax credit shall be allowed for any project for which
certification has been withdrawn. Credit taken by any taxpayer
in accordance with this article pursuant to the making of an
eligible contribution to a project transferee pursuant to a
certified project plan for which certification is later withdrawn
pursuant to the provisions of this section shall be subject to
recapture upon withdrawal of the certification.
(C) Suspension of the project certification for a stated
period of time.
No tax credit shall be allowed for contributions made during
the suspension period for a project. Credit taken by any
taxpayer in accordance with this article pursuant to the making
of an eligible contribution to a project transferee pursuant to
a certified project plan prior to or subsequent to the suspension
period shall not be subject to recapture by reason of the
suspension. However, such credit shall otherwise be subject to
audit and adjustment or recapture in accordance with the
requirements of this article.
(D) Temporary or permanent disqualification of one or more project transferees, neighborhood organizations, qualified
charitable organizations, charitable organizations or other
organizations, entities or persons from participation in a
particular specified certified project.
No tax credit shall be allowed under this article for any
contribution made during the disqualification period to any
project transferee, neighborhood organization, qualified
charitable organization, charitable organization or other
organization, entity or person disqualified under this section
from participation in a certified project. Tax credit taken by
any taxpayer in accordance with this article pursuant to the
making of an eligible contribution to any project transferee,
neighborhood organization, qualified charitable organization,
charitable organization or other organization, entity or person
pursuant to a certified project plan prior to or subsequent to
the disqualification period shall not be subject to recapture by
reason of the disqualification of the recipient thereof.
However, such credit shall otherwise be subject to audit and
adjustment or recapture in accordance with the requirements of
this article.
(E) Temporary or permanent disqualification of any project
transferee, neighborhood organization, qualified charitable
organization, charitable organization or other organization, entity or person, or group thereof, from participation in any and
all certified projects currently in existence or to be formed,
proposed or certified under this article:
(i) No tax credit shall be allowed under this article for
any contribution made during the disqualification period to any
project transferee, neighborhood organization, qualified
charitable organization, charitable organization or other
organization, entity or person disqualified under this section
from participation in any and all certified projects under this
article. Tax credit taken by any eligible taxpayer in accordance
with this article pursuant to the making of an eligible
contribution to the project transferee, neighborhood
organization, qualified charitable organization, charitable
organization or other organization, entity or person disqualified
from participation in any and all certified projects under this
article, pursuant to a certified project plan prior to or
subsequent to the disqualification period shall not be subject to
recapture by reason of the disqualification. However, such
credit shall otherwise be subject to audit and adjustment or
recapture in accordance with the requirements of this article;
and
(ii) No certification shall be issued during the
disqualification period for any proposed project in which a project transferee, neighborhood organization, qualified
charitable organization, charitable organization or other
organization, entity or person disqualified under this section
from participation in any and all certified projects is listed as
a proposed project participant.
(F) Any combination of the aforementioned sanctions.
(3) Audits and investigations. -- The West Virginia
development office or the department of tax and revenue, or both,
may initiate and carry out investigations or audits of any
recipient of any eligible contribution under this article, any
eligible taxpayer or any project transferee to determine whether
the project certification fee imposed by this section has been
paid in accordance with the requirements of this article.
(4) Procedures, failure to timely pay the project
certification fee upon written demand. --
(A) Written demand. -- The director of the West Virginia
development office shall, upon a reasonable belief that a project
transferee has failed to timely pay the fee imposed by this
section, issue a written demand for payment thereof, plus
interest determined at the interest rate prescribed under section
seventeen, article ten of this chapter, in such form as the
director of the West Virginia development office may specify.
The director of the West Virginia development office may also impose a penalty for failure to timely pay the project
certification fee in the amount of twenty percent of the amount
of the project certification fee due and interest due. Such
demand shall notify the project transferee of the opportunity to
show that the project certification fee is not due and owing.
(B) Failure to pay pursuant to written demand. --
Failure of the project transferee to pay any project
certification fee due, with interest and penalties, as stated in
the written demand for payment of the project certification fee,
within thirty days of service of such demand, and failure of the
project transferee to prove to the satisfaction of the director
of the West Virginia development office that the fee imposed by
this section is not due and owing, shall result in a
determination by the director of the West Virginia development
office that sanctions shall apply.
(C) Notice of pending sanctions. -- Upon the making of a
determination by the director of the West Virginia development
office that sanctions for failure to pay the project
certification fee apply, the director of the West Virginia
development office shall serve upon the project transferee from
which the project certification fee, or some portion thereof, is
due and owing, a notice of pending sanctions. If the project
transferee from which the certified project fee, or some portion thereof, is due and owing is not the applicant for project
certification, then an informational copy of the notice of
pending sanctions shall also be served upon the applicant for
project certification.
(D) Service of notice, content of notice. -- The notice of
pending sanctions shall be served upon the delinquent project
transferee in the same manner as an assessment of tax in
accordance with article ten of this chapter. Such notice of
pending sanctions shall state the sanctions to be applied in
accordance with this section, the effective date or dates of such
sanctions, with specific statements of whether any sanction is to
be applied retroactively or in part retroactively, and the
commencement and termination dates for any suspensions of
certification or temporary disqualifications of any program
transferee, neighborhood organization, qualified charitable
organization, charitable organization or other organization,
entity or person to be disqualified under this section from
participation in certified projects. The notice of pending
sanctions shall state that sanctions shall be imposed sixty days
after service of the notice of pending sanctions upon the
delinquent project transferee, unless the delinquent project
transferee pays the amount of the project certification fee due
and owing, plus interest and penalties.
(E) Appeals. -- The project transferee may file an appeal of
pending sanctions as if the notice of pending sanctions were an
assessment of tax under article ten of this chapter, and the
matter on appeal shall be subject to the procedures set forth in
article ten of this chapter. On appeal, the burden of proof
shall be on the project transferee to prove that the project
certification fee and associated interest and penalties are not
due and owing. The review on appeal shall be limited to:
(i) The issue of whether a failure to timely pay the project
certification fee or any portion thereof has occurred, the time
period or periods over which such failure occurred, and whether
such failure continues to occur;
(ii) The amount of the project certification fee and
interest due; and
(iii) The mathematical and methodological accuracy of the
computation of the project certification fee, interest and
penalties.
(F) Statutory confidentiality. -- No information, document
or proceeding brought pursuant to this section, relating to the
liability of any project transferee for the project certification
fee, interest or penalties imposed under this section is subject
to the confidentiality provisions of article ten of this chapter
or any other confidentiality provision of this code. However, any proceeding relating to any amount of tax due or the recapture
of tax credit taken under this article or any adjustment of the
amount of tax credit taken under this article is subject to the
provisions of article ten of this chapter, including all
statutory confidentiality provisions, and shall be subject to all
other applicable statutory tax confidentiality provisions of this
code.
(G) Effect of a final determination, waiver of penalties or
sanctions. -- The notice of pending sanctions shall become final
sixty days after service, unless an appeal is filed under this
section, and shall not be subject to further appeal by the
recipient thereof. When a determination has become final that a
project transferee has failed to timely pay the project
certification fee, or any part thereof, the sanctions described
in the notice of pending sanctions shall apply, effective as of
the date set forth in that notice, unless the project
certification fee, interest and penalties due are paid to the
West Virginia development office within thirty days of the date
on which the determination has become final. The twenty percent
penalty authorized under this section may be imposed, adjusted,
withdrawn or waived, in whole or in part, at the discretion of
the director of the West Virginia development office. However,
payment of the project certification fee and interest due shall not be subject to waiver. The sanctions for failure to pay the
project certification fee authorized under this section may be
imposed, adjusted, withdrawn or waived, in whole or in part, at
the discretion of the director of the West Virginia development
office.
(c) Within sixty days after the close of the regular meeting
of the neighborhood investment advisory board next succeeding the
date of receipt of a complete application for approval of a
proposed project, the director of the West Virginia development
office shall certify, or deny certification of, the proposed
project for which
such application has been filed. Those
applications not approved by the director within sixty days as
aforesaid shall be deemed disapproved by operation of law.
(d) The West Virginia development office shall promptly
notify an applicant as to whether an application for
certification of a project plan has been approved or disapproved.
(e) Those prospective qualified charitable organizations
which receive certification of a project plan, and which
otherwise comply with the requirements of this article so as to
become qualified charitable organizations, as defined in section
three of this article, may receive eligible contributions, as
defined in said section. Eligible taxpayers which make eligible
contributions shall receive a tax credit as provided in section five of this article. No tax credit may be granted under this
article for any contribution except eligible contributions made
to a project which has been certified in accordance with the
requirements of this article prior to the making of the
contribution. No tax credit may be granted under this article
for any contribution which, if allowed, would cause the amount of
tax credit generated by the project to exceed the maximum amount
of tax credit for which the project was certified as stated in
the application for project certification filed with the West
Virginia development office.
(f) All applications for certification of a project filed
with the West Virginia development office, whether such project
is certified or denied certification, are public information
which may be viewed and copied by the public and, at the
discretion of the West Virginia development office, published by
the West Virginia development office.
(g)
Revolving fund. --
(1) For the purpose of permitting payments to be made and
costs to be met for operation of the program established by this
article, there is hereby created a revolving fund for the West
Virginia development office, which shall be known as the
neighborhood investment fund. All money received by the West
Virginia development office under this article shall be paid into the state treasury, and shall be deposited to the credit of the
neighborhood investment fund, and shall be expended only for the
purposes of defraying the costs of the neighborhood investment
program advisory board and the West Virginia development office
in administering the program established pursuant to this
article, unless otherwise directed by the Legislature.
(2) The neighborhood investment fund shall be accumulated
and administered as follows:
(A) There shall be appropriated from the general revenue
fund the sum of sixty thousand dollars to be transferred to the
neighborhood investment fund to create a revolving fund which,
together with other payments into this fund as provided in this
article, shall be utilized to defray the costs of the
neighborhood investment program advisory board and the West
Virginia development office in administering the program
established pursuant to this article, unless otherwise directed
by the Legislature.
(B) Payments received under this article shall be deposited
into the neighborhood investment fund.
(C) Any appropriations made to the neighborhood investment
fund
shallSuch mayThe not be deemed to have expired at the end of any
fiscal period.
NOTE: The purpose of this bill is to remove the requirement
for a certification fee, paid to the West Virginia development
office, when certifying projects under the neighborhood
investment fund.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.