H. B. 2082
(By Delegate Carmichael)
[Introduced January 12, 2007; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend and reenact §11-17-3 of the Code of West Virginia,
1931, as amended, relating to taxation; increasing the rate of
tax on cigarettes from fifty-five cents to one dollar and
fifty-five cents; and providing for the dedication of five
million dollars of the revenue for the first year to the
Department of Agriculture.
Be it enacted by the Legislature of West Virginia:
That §11-17-3 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 17. TOBACCO PRODUCTS EXCISE TAX ACT.
§
11-17-3. Levy of tax; ratio; dedication of proceeds.
(a)
Tax on cigarettes. -- For the purpose of providing revenue
for the General Revenue Fund of the state, an excise tax is hereby
levied and imposed on sales of cigarettes at the rate of
one dollar
and fifty-five cents on each twenty cigarettes or in like ratio on any part thereof. Only one sale of the same article shall be used
in computing the amount of tax due under this subsection.
(b)
Tax on tobacco products other than cigarettes. --
Effective the first day of January, two thousand two, an excise tax
is hereby levied and imposed on the sale or use of, other than
cigarettes, tobacco products at a rate equal to seven percent of
the wholesale price of each article or item of tobacco product
other than cigarettes sold by the wholesaler or subjobber dealer,
whether or not sold at wholesale, or if not sold, then at the same
rate upon the use by the wholesaler or dealer. Only one sale of
the same article shall be used in computing the amount of tax due
under this subsection. Revenues received from this tax shall be
deposited into the General Revenue Fund:
Provided, That the first
five million dollars of the revenue in the first year from the
increased tax beginning the first day of July, two thousand seven,
is dedicated and shall be transferred, without legislative
appropriation, to the Department of Agriculture for crop transition
programs.
(c)
Effective date. -- The changes set forth herein to this
section
and section four of this article shall become are effective
the first day of
May, two thousand three July, two thousand seven.
NOTE: The purpose of this bill is to increase from fifty-five
cents to one dollar and fifty-five cents the rate of the tax on
cigarettes. The bill also dedicates the first five million dollars
to the Department of Agriculture crop transition programs.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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