COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 422
(By Senator Weeks)
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[Originating in the Committee on the Judiciary;
reported February 27, 2006.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §11-13W-1; and to
amend said code by adding thereto a new section, designated
§17-16A-17a, all relating to the parkways authority generally;
allowing frequent commuters on the West Virginia Turnpike to
turn in accumulated toll receipts in an amount equal to the
cost of a calendar year commuter pass for a commuter pass for
the remainder of the calendar year; creating a tax credit for
payments made by individuals, businesses and corporations for
payment of unreimbursed tolls on the West Virginia Turnpike;
and limitations on credits.
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 §11-13W-1; and that
said code be amended by adding thereto a new section, designated
§17-16A-17a, all to read as follows:
ARTICLE 13W. TAX CREDIT TO OFFSET INCREASED TOLL RATES.
§11-13W-1. Credit allowed; creation of credits.
(a) As an alternative to exchanging accumulated toll receipts
for a commuter pass as provided in section seventeen-a, article
sixteen-A, chapter seventeen of this code, there shall be allowed
to every taxpayer a credit against the personal income tax payable
under chapter eleven of this code. Such credit shall be in the
amount equal to the un-reimbursed amount paid by the individual in
tolls on the West Virginia Turnpike: Provided, That such credit
does not exceed five hundred dollars, and is supported by toll
receipts.
(b) There shall be allowed to every business or corporation
licensed to do business in the State of West Virginia a credit
against the corporate net income tax payable under chapter eleven
of this code. Such credit shall be in the amount equal to the
total expenditures paid by such business or corporation in tolls on
the West Virginia Turnpike: Provided, That such credit does not
exceed fifty percent of the total expenditures paid on tolls, and
is supported by toll receipts.
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND
TOURISM AUTHORITY.
§17-16A-17a. Commuter Passes based on accumulated toll receipts.
As soon as reasonably possible after the effective date of
this legislation, but in no event later than the first day of July,
two thousand six, the authority shall establish, advertise,
implement and otherwise make generally available to all qualified members of the public, resident or nonresident, a commuter pass
system whereby a commuter may accumulate paid toll receipts, equal
to the cost of a commuter pass and the deposit for the required
commuter pass equipment for the toll booths through which the
commuter travels while on the West Virginia Turnpike, and exchange
the accumulated toll receipts for a commuter pass. Upon the
presentation of the accumulated receipts and a certification that
the commuter paid the tolls represented by the receipts, the
Parkways Authority shall issue the commuter a commuter pass to
commuter allowing him or her to travel through the toll facilities
on an unlimited basis, without additional charge therefor, for the
remainder of the calendar year after the issuance of the commuter
pass. The commuter passes implemented in accordance with the
provisions of this section are available only for use when
operating or traveling in a Class "A" motor vehicle.
For the purpose of this section, a Class "A" vehicle is a
passenger type motor vehicle or a truck with a gross weight of not
more than 8,000 pounds and registered or eligible for registration
as a Class "A" vehicle in accordance with section one, article ten,
chapter seventeen-a of this code.
NOTE: The purpose of this bill is to
allow frequent commuters
on the West Virginia Turnpike to turn in accumulated toll receipts
in an amount equal to the cost of calendar year commuter pass for
a commuter pass for the remainder of the calendar year.
Alternatively, the bill also provides tax credits for individuals
and businesses to offset payments for the tolls on the West
Virginia Turnpike.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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