H. B. 3248
(By Delegate Manchin)
[Introduced February 23, 2007; referred to the
Committee on Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §11-6H-1, §11-6H-2,
§11-6H-3, §11-6H-4, §11-6H-5 and §11-6H-6, all relating to
providing a tax credit for installation of idle reduction
technology in heavy duty vehicles.
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 section, designated §11-6H-1, §11-6H-2,
§11-6H-3, §11-6H-4, §11-6H-5 and §11-6H-6, all to read as follows:
ARTICLE 6H. IDLE REDUCTION TECHNOLOGY TAX CREDIT.
§11-6H-1. Legislative findings and purpose.
The Legislature hereby finds that the use of idle reduction
technology is in the public interest and promotes the general
health and welfare of the people of this state insofar as it
addresses serious concerns for our environment and our state and
nation's dependence on foreign oil as a source of energy.
§11-6H-2. Definitions.
As used in this article, the following terms have the meanings
ascribed to them in this section:
(a) "Idle reduction technology" has the same meaning as
ascribed in 42 U.S.C. 16104, as amended;
(b) "Heavy Duty Vehicle" means any motor vehicle as defined in
42 U.S.C. 16104, as amended that has a gross vehicle weight in
excess of thirty-three thousand pounds;
(c) "Taxpayer" means a person or entity liable for the tax
imposed by the provisions of either article twenty-one or article
twenty-four of this chapter.
§11-6H-3. Credit allowed for purchase and installation of idle
reduction technology; application against personal
income tax or corporate net income tax; effective
date.
The tax credit provided in this article may be applied against
the tax liability of a taxpayer imposed by the provisions of either
article twenty-one or article twenty-four of this chapter, but in
no case may more than one credit be granted for the same heavy duty
vehicle as defined in subdivision (b), section two of this article.
This credit shall be available for those tax years beginning after
the thirtieth day of June, two thousand seven.
§11-6H-4. Eligibility for credit.
A taxpayer is eligible to claim the credit against tax
provided in this article if the taxpayer installs idle reduction
technology as described in 42 U.S.C. 16104, in a heavy duty vehicle
owned by the taxpayer.
§11-6H-5. Amount of credit.
The total amount of any credit allowed against the taxpayer's
tax liability is not more than an amount of fifty percent of the
amount the taxpayer paid to purchase and install idle reduction
technology in heavy duty vehicles: Provided, That the tax credit
shall not exceed thirty-five hundred dollars per heavy duty
vehicle.
§11-6H-6. Commissioner to design forms and schedules; promulgation
of rules.
(a) The Tax Commissioner shall design and provide to the
public simplified forms and schedules to implement and effectuate
the provisions of this article.
(b) The Tax Commissioner is authorized to promulgate rules for
the administration of this article consistent with its provisions
and in accordance with article three, chapter twenty-nine-a of this
code.
(c) Within two years following the establishment of the credit
established in this article the State Tax Commissioner shall
provide a written report to the Legislature setting forth the
utilization of the credit, the benefit of the credit and the
overall cost of the credit.
NOTE: The purpose of this bill is to provide a tax credit on
the personal income tax and corporation net income tax in the
amount of 50% of the cost and installation of idle reduction
technology in heavy duty vehicles. The bill provides that the tax
credit is limited to not more than $3500.00 for one heavy duty
vehicle.
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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