H. B. 4737
(By Delegate Louisos)
[Introduced February 23, 2006; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact §11-19-2 of the Code of West Virginia,
1931, as amended; and to amend and reenact §18B-2-9 of said
code, all relating to authorizing the board of directors of
West Virginia University Institute of Technology to issue
revenue bonds for the refurbishing, maintenance and purchase
of dormitories, buildings and equipment on its campus; and
providing revenue to finance the revenue bonds through the
soft drink tax.
Be it enacted by the Legislature of West Virginia:
That §11-19-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §18B-2-9 of said code be amended
and reenacted, all to read as follows:
CHAPTER 11. TAXATION.
ARTICLE 19. SOFT DRINKS TAX.
§11-19-2. Excise tax on bottled soft drinks, syrups and dry mixtures; disposition thereof.
For the purpose of providing revenue for the construction,
maintenance and operation of a four-year school of medicine,
dentistry and nursing of West Virginia University an excise tax is
hereby levied and imposed on and after midnight of the last day of
June, one thousand nine hundred fifty-one, upon the sale, use,
handling or distribution of all bottled soft drinks and all soft
drink syrups, whether manufactured within or without this state, as
follows:
(1) On each bottled soft drink, a tax of one cent on each
sixteen and nine-tenths fluid ounces, or fraction thereof, or on
each one-half liter, or fraction thereof contained therein.
(2) On each gallon of soft drink syrup, a tax of eighty cents,
and in like ratio on each part gallon thereof, or on each four
liters of soft drink syrup a tax of eighty-four cents, and in like
ratio on each part four liters thereof.
(3) On each ounce by weight of dry mixture or fraction thereof
used for making soft drinks, a tax of one cent or on each
28.35
twenty-eight and thirty-five hundredth grams, or fraction thereof,
a tax of one cent.
Any person manufacturing or producing within this state any
bottled soft drink or soft drink syrup for sale within this state
and any distributor, wholesale dealer or retail dealer or any other
person who is the original consignee of any bottled soft drink or soft drink syrup manufactured or produced outside this state, or
who brings such drinks or syrups into this state, shall be liable
for the excise tax hereby imposed. The excise tax hereby imposed
shall not be collected more than once in respect to any bottled
soft drink or soft drink syrup manufactured, sold, used or
distributed in this state.
All revenue collected by the commissioner under the provisions
of this article, less such costs of administration as are
hereinafter provided,
for shall be paid by him
or her into a
special medical school fund, which is hereby created in the State
Treasury, to be used
solely for the construction, maintenance and
operation of a four-year school of medicine, dentistry and nursing,
as otherwise provided by law:
Provided, That for the fiscal year
beginning the first day of July, two thousand six, two million
dollars from the revenue of this fund shall be earmarked for the
purpose of financing revenue bonds to be issued by the Board of
Directors of West Virginia University Institute of Technology in
order to pay for the refurbishing, maintenance, and purchase of
dormitories, buildings and equipment on its campus.
CHAPTER 18B. HIGHER EDUCATION.
ARTICLE 2. UNIVERSITY OF WEST VIRGINIA BOARD OF TRUSTEES.
§18B-2-9. West Virginia University Institute of Technology.
(a) Notwithstanding any other provisions of this code to the
contrary, the authority to establish, maintain and operate West Virginia Institute of Technology is hereby transferred to the board
of trustees effective the first day of July, one thousand nine
hundred ninety-six. West Virginia Institute of Technology shall
henceforth be known as West Virginia University Institute of
Technology and shall be operated as a regional campus of West
Virginia University under the same procedures, policies, rules and
practices utilized by West Virginia University and the board of
trustees in operating West Virginia University at Parkersburg and
Potomac State College of West Virginia University.
(b) Notwithstanding any other provisions of this code to the
contrary and notwithstanding the resource allocation policy of the
board of trustees, in allocating funds to the institutions under
its jurisdiction, the board of trustees, through the first day of
July, two thousand one, shall ensure that each institution receives
no less than the amount of funds that each institution would have
received if West Virginia Institute of Technology had not been
transferred to the jurisdiction of the trustees.
(c) Title to all property previously transferred to or vested
in the board of directors for the exclusive use or benefit of West
Virginia Institute of Technology is hereby transferred to the board
of trustees. Each valid agreement, obligation or claim entered
into or incurred by the board of directors on behalf of West
Virginia Institute of Technology is hereby transferred to the board
of trustees.
(d) Revenues of West Virginia Institute of Technology
previously pledged to pay off the indebtedness of revenue bonds
issued by the board of directors shall continue to be paid to the
board of directors until the existing debt is fully paid. An
annual payment of three hundred seventy-three thousand eighty-nine
dollars for each of the years remaining on the present system bond
issue of the board of directors shall constitute the debt of West
Virginia University Institute of Technology to the board of
directors under this subsection. If the board of directors
approves, the board of trustees or West Virginia University
Institute of Technology may discharge this indebtedness through
alternative payment plans or methods, including prepayment
discounted appropriately.
(e) To compensate the other state college institutions for the
amount that would have been reallocated under the resource
allocation policy of the board of directors if West Virginia
Institute of Technology had remained under the jurisdiction of the
board of directors, West Virginia University Institute of
Technology shall transfer two hundred eighty-four thousand
five-hundred twenty-five dollars to the board of directors for each
of the fiscal years one thousand nine hundred
ninety-six--ninety-seven, one thousand nine hundred
ninety-seven--ninety-eight, and one thousand nine hundred
ninety-eight--ninety-nine.
(f) Notwithstanding any other provision of this code to the
contrary, beginning the first day of July, two thousand six, the
board of directors shall have the authority to issue revenue bonds
in the amount of two million dollars to pay for the refurbishment,
maintenance and purchasing of dormitories, buildings and equipment
on its campus. The revenue bonds shall be financed from two
million dollars earmarked from the excise tax on bottled soft
drinks, syrups and dry mixtures established in section two, article
nineteen, chapter eleven of this code.
(f) (g) West Virginia University Institute of Technology shall
retain the same or a lower type of southern regional education
board classification as an institution until at least the first day
of July, two thousand.
(g) (h) Until at least the first day of July, one thousand
nine hundred ninety-seven, West Virginia University Institute of
Technology shall retain the same promotion and tenure process in
place prior to the transfer effectuated by this section.
(h) (i) For the purposes of meeting the requirements of
section one, article seven of this chapter, West Virginia
University Institute of Technology, West Virginia University at
Parkersburg, and Potomac State College of West Virginia University
shall be considered separate institutions of higher education.
(i) (j) Any new moneys appropriated to or received by West
Virginia University Institute of Technology shall be allocated to West Virginia University Institute of Technology under the policies
of the board of trustees.
It is the intent of the Legislature in implementing the merger
of West Virginia University and West Virginia Institute of
Technology that new graduate programs offered by West Virginia
University at the West Virginia University Institute of Technology
will not duplicate existing graduate programs currently offered by
Marshall University and the West Virginia Graduate College. Before
any graduate programs are offered by West Virginia University at
the West Virginia University Institute of Technology, they must be
approved by the board of trustees.
NOTE: The purpose of this bill is to authorize the board of
directors of West Virginia University Institute of Technology to
issue revenue bonds to pay for the refurbishing, maintenance and
purchase of dormitories, buildings and equipment. The money used
to finance these revenue bonds is to come from earmarked revenue
from the soft drink tax.
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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