Bill-Tax 110CSR13P
H. B. 2664
(By Delegates Mahan, Cann, Kominar and Faircloth)

[Introduced January 24, 2003; referred to the
Committee on Finance then the Judiciary.]

A BILL to amend and reenact section one, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the tax commissioner to promulgate a legislative rule relating to the tax credit for medical malpractice insurance premiums.

Be it enacted by the Legislature of West Virginia:
That section one, 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.

§64-7-1. Tax commissioner.
(a) The legislative rule filed in the state register on the twenty-third day of July, two thousand one, authorized under the authority of section four, article six-a, chapter eleven of this code, modified by the tax commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourth day of October, two thousand one, relating to the tax commissioner (pollution control facilities, 110 CSR 6), is authorized.
(b) The legislative rule filed in the state register on the twenty-third day of July, two thousand one, authorized under the authority of sections five and five-n, article ten, chapter eleven of this code, modified by the tax commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourth day of October, two thousand one, relating to the tax commissioner (payment of taxes by credit card or debit card, 110 CSR 10B), is authorized.
(c) The legislative rule filed in the state register on the twenty-third day of July, two thousand one, authorized under the authority of section twenty-one, article twenty-one, chapter eleven of this code, modified by the tax commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourth day of October, two thousand one, relating to the tax commissioner (senior citizen tax for property taxes paid, 110 CSR 21B), is authorized with the following amendment:
On page three, section 5.1, line 2, after the word "that" by striking out the word "qualify" and inserting in lieu thereof the words "have qualified".
(d) The legislative rule filed in the state register on the twenty-third day of July, two thousand one, authorized under the authority of section five, article ten and section one, article seventeen, chapter eleven of this code, modified by the tax commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-sixth day of November, two thousand one, relating to the tax commissioner (tobacco products excise tax, 110 CSR 17), is authorized with the following amendments:
On page 11, by adding a new subdivision 4.6.5. to read as follows:
"Every taxpayer that pays excise tax on tobacco products shall be allowed a discount of 4 percent on all tax due."
And,
On page 12, by striking out all of subdivision 4.7.4. and inserting in lieu thereof a new subdivision 4.7.4. to read as follows:
"Every taxpayer that pays excise tax on tobacco products shall be allowed a discount of 4 percent on all tax due."
(e) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand two, authorized under the authority of section eight, article thirteen-p, chapter eleven, of this code, modified by the tax commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the first day of October, two thousand two, relating to the tax commissioner (tax credit for medical malpractice insurance premiums, 110 CSR 13P), is authorized.

NOTE: The purpose of this bill is to authorize the Tax Commissioner to promulgate a legislative rule relating to the Tax Credit for Medical Malpractice Insurance Premiums.

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