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Introduced Version Senate Bill 302 History

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Key: Green = existing Code. Red = new code to be enacted
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Senate Bill No. 302

(By Senator Carmichael)

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[Introduced January 8, 2014; referred to the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5 and §11-28-6, all relating to creating the Tax Revenue Act of 2014; increasing taxes on tobacco, beer, wine and liquor; providing for assessment of business machinery and equipment to be assessed at salvage value; establishing a special account for the increased revenue; providing that the first $1 million received from the increases be directed to the West Virginia Department of Agriculture to assist farmers with tobacco crop replacement programs; and permitting counties to make application for distribution of an amount equal to the 2013 revenue received by the county from the personal property tax on business machinery and equipment.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5 and §11-28-6, all to read as follows:

ARTICLE 28. TAX REVENUE ACT OF 2014.

§11-28-1. Increase tax on cigarettes and tobacco products.

    (a) Notwithstanding any other provision of this code to the contrary, effective July 1, 2014, the tax imposed on cigarettes by section three, article seventeen of this chapter shall be increased by $1 on each twenty cigarettes or in like ratio on any part thereof.

    (b) Notwithstanding any other provision of this code to the contrary, effective July 1, 2014, the tax imposed on the sale or use of tobacco products, other than cigarettes, shall be increased by fifty percent whether sold at retail or wholesale.

§11-28-2. Increase Barrel tax on nonintoxicating beer.

    Notwithstanding any other provision of this code to the contrary, effective July 1, 2014, the barrel tax imposed on nonintoxicating beer by section thirteen, article sixteen of this chapter shall be increased by twenty-five percent on each barrel of thirty-one gallons and in like ratio on each part barrel of nonintoxicating beer manufactured in this state for sale within this state, whether contained or sold in barrels, bottles or other containers, and a like tax is hereby levied and imposed upon all nonintoxicating beer manufactured outside of this state and brought into this state for sale within this state.

§11-28-3. Increase liter tax on sale of wine.

    Notwithstanding any other provision of this code to the contrary, effective July 1, 2014, the liter tax imposed on wine by section four, article eight, chapter sixty of this code shall be increased by twenty-five percent per liter.

§11-28-4. Increase price of alcoholic liquors.

    Notwithstanding any other provision of this code to the contrary, effective July 1, 2014, wholesale prices for the sale of liquor, other than wine, to retail licensees as established by section seventeen, article three-a, chapter sixty of this code shall be increased by twenty-five percent.

§11-28-5. Assessment of business and commercial machinery and equipment.

    Notwithstanding any other provision of this code to the contrary, effective July 1, 2014, all business and commercial machinery and equipment assessed under article three of this chapter shall be assessed at salvage value.

§11-28-6. Tax Revenue Act of 2014 Fund created; expenditures.

    (a) The “Tax Revenue Act of 2014 Fund” is created by this section within the State Treasury. Revenues generated by an increased tax on the sale of cigarettes and tobacco products, an increased barrel tax on nonintoxicating beer, an increased tax on the sale of liquor, and an increased liter tax on the sale of wine shall be transferred into that special account.

    (b) Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from general collections but are to be made only in accordance with appropriation by the Legislature and in accordance with article three, chapter twelve of this code and upon fulfillment of article two, chapter eleven-b of this code: Provided, That the first $1 million generated by the increased taxes set out in this article shall be directed to the West Virginia Department of Agriculture to assist farmers with tobacco crop replacement programs: Provided, however, That a county may make application to this fund in an amount equal to the 2013 revenue that was received by the county from the personal property tax on business machinery and equipment.

 


    NOTE: The purpose of this bill is to create the Tax Revenue Act of 2014. The bill increases taxes on tobacco, beer, wine and liquor and provides for assessment of business machinery and equipment at salvage value. It establishes a special account for the increased revenue and provides that the first $1 million received from the increases be directed to the West Virginia Department of Agriculture to assist farmers with tobacco crop replacement programs. The bill also permits counties to make application for distribution of an amount equal to the 2013 revenue received by the county from the personal property tax on business machinery and equipment.



    This article is new; therefore, strike-throughs and underscoring have been omitted.

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