Bill-Tax, Agri Equip
H. B. 2377


(By Delegates Douglas, Hunt, Compton,

Faircloth, Linch and Riggs)

[Introduced March 3, 1997; 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 tax division to promulgate a legislative rule relating to the tax credit for qualified agricultural equipment.

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 rules rule filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-five, authorized under the authority of section twelve, article fourteen-b, 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 twenty-second day of September, one thousand nine hundred ninety-five, relating to the tax division (international fuel tax agreement, 110 CSR 14B), are is authorized.
(b) The legislative rules rule filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-five, authorized under the authority of section twenty-three, article twenty, 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-fourth day of January, one thousand nine hundred ninety-six, relating to the tax division (bingo, 110 CSR 16), are is authorized with the amendments set forth below:
"On page seven, subdivision 3.1.9, by striking out the word 'are' and inserting in lieu thereof the word 'is';
On page nineteen, subsection 11.1, by striking out the words 'limited occasion licenses' and inserting in lieu thereof the words 'limited occasion licensees';
On page twenty-three, subdivision 16.1.4, by striking out the words 'these regulations' and inserting in lieu thereof the words 'this rule';
And,
On page twenty-five, subsection 18.1, by striking out the words 'these regulations' and inserting in lieu thereof the words 'this rule'."
(c) The legislative rules rule filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-five, authorized under the authority of section three, article thirteen-i, 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 twenty-second day of September, one thousand nine hundred ninety-five, relating to the tax division (tax credit for employing former members of Colin Anderson center, 110 CSR 13I), are is authorized.
(d) The legislative rules rule filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-five, authorized under the authority of section four, article six-a, 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 twenty-second day of September, one thousand nine hundred ninety-five, relating to the tax division (pollution control facilities, 110 CSR 6), are is authorized.
(e) The legislative rules rule filed in the state register on the twenty-eighth day of July, one thousand nine hundred ninety-five, authorized under the authority of section five, article ten, 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 first day of December, one thousand nine hundred ninety-five, relating to the tax division (business and occupation tax, 110 CSR 13), are is authorized.
(f) 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), areis authorized.

NOTE: The purpose of this bill is to authorize the Tax Division to promulgate a legislative rules relating to the Tax Credit for Qualified Agricultural Equipment
.

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