S TRAN SCR ORG3 2-25

SENATE CONCURRENT RESOLUTION NO. 63

(By Senators Beach, Kirkendoll, Fitzsimmons, Williams, Barnes, Cole and Walters)

[Originating in the Committee on Transportation and Infrastructure]

Requesting the Joint Committee on Government and Finance to study the necessity of certain tax discounts and credits provided to suppliers and permissive suppliers of motor vehicle fuels.

    Whereas, The ongoing economic and commercial development of the State of West Virginia is dependent upon a reliable and well-maintained transportation infrastructure; and

    Whereas, Maintenance of our transportation infrastructure is financed through collections into the State Road Fund; and

    Whereas, The rotation schedule for the repaving of our highways is lengthening into ever-greater intervals due to the necessary revenues for the State Road Fund not keeping pace with the maintenance needs of our transportation infrastructure; and

    Whereas, West Virginia law currently provides that a supplier or permissive supplier, as defined in article fourteen-c, chapter eleven of West Virginia Code, who timely files a return with payment due may deduct, from the amount of tax payable with the return, an administrative discount of one tenth of one percent of the amount of tax payable to this state, not to exceed $5,000 per month; and

    Whereas, West Virginia law currently also provides that a supplier or permissive supplier shall deduct three fourths of one percent of the tax due from the licensed distributor as a discount to that licensed distributor for sales from permissive suppliers or suppliers to licensed distributors; and

    Whereas, The ability to maintain our transportation infrastructure depends, in part, upon periodic review of our tax policies and revenue structures in order to fund the construction and maintenance of our transportation infrastructure while also reflecting sound business practices in the production and distribution of motor vehicle fuels; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Joint Committee on Government and Finance is hereby requested to study the necessity of certain tax discounts and credits provided to suppliers and permissive suppliers of motor vehicle fuels; and, be it

    Further Resolved, That the Joint Committee on Government and Finance study whether such discounts and credits, if any, should be continued as part of a sound revenue policy; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2015, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it

    Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.