WEST virginia legislature

2019 regular session

Introduced

Senate Bill 23

By Senators Blair, Plymale, Sypolt, Cline, and Boso

[Introduced January 9, 2019; Referred
to the Committee on Finance]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13EE-1, relating to the creation of a five-year sunset on all tax credits established in chapter 11 of the code.

Be it enacted by the Legislature of West Virginia:

ARTICLE 13EE. TAX CREDIT SUNSET.

§11-13EE-1. Sunset provision in tax credits.

(a) Any new tax credit created pursuant to chapter 11 of this code shall include a sunset provision terminating the credit after five years: Provided, That if a different sunset or termination provision exists in the statute creating the tax credit, the enabling statute’s provision controls.

(b) Any tax credit in existence prior to the effective date of this section, that is amended after the effective date of this section, shall include a sunset provision as part of the amendment setting forth a termination date of five years for the existing tax credit: Provided, That if a different sunset or termination provision exists in the statute creating the tax credit, the enabling statute’s provision controls.

(c) The existence of a sunset provision terminating a tax credit does not preclude the repeal of the tax credit or tax incentive by the Legislature prior to the expiration of the sunset provision.

NOTE: The purpose of this bill is to create a five-year sunset on all tax credits created under chapter 11 of the West Virginia Code.

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