Senate Bill No. 535
(By
Senators Snyder and Tomblin, Mr. President
and Rowe)
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[Introduced February 16, 2004; referred to the Committee on
Finance.]
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A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-4-1a, relating to
creation of the capitol preservation fund; and providing for
a voluntary check-off on personal and corporate income tax
return forms for donations from tax refunds to be used as
funding for the capitol preservation fund.
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 §5A-4-1a
, to read as
follows:
ARTICLE 4. GENERAL SERVICES DIVISION.
§5A-4-1a. Capitol preservation fund; voluntary check-off.
(a) Capitol preservation fund. -- There is hereby created the
capitol preservation fund which shall be used exclusively for
repairs that are necessary to preserve the state capitol building
and immediately surrounding grounds. Before moneys from the fund
may be expended they shall be legislatively appropriated for the express purpose for which they are intended with the approval of
the joint committee on government and finance which shall seek and
obtain the advice of the capitol building commission.
(b) Voluntary check-off program. -- Each West Virginia
personal and corporate income tax return form shall contain a
designation as follows:
"Citizens in support of the preservation of the West Virginia
state capitol building."
Check ( ) if you wish to designate $1, $5, $10 or more of
your tax refund for this program.
(1) Each taxpayer desiring to contribute to the preservation
of the West Virginia state capitol building may designate by
placing "X" in the appropriate box on the state income tax form.
His or her contribution shall be credited to the capitol
preservation fund.
(2) The tax department shall determine by the first day of
July of each year the total amount designated pursuant to this
section and shall report the amount to the state treasurer who
shall credit the amount to the capitol preservation fund.
(3) The funds shall be used exclusively for the purpose of
providing financial support to preserve the state capitol building.
The capitol building commission shall oversee the use of the funds
for the intended purpose and it shall, additionally, propose
legislative rules in accordance with the provisions of article
three, chapter twenty-nine-a of this code designed to implement the
purposes of this program.
(4) This legislation shall take effect on the first day of
January, two thousand five, and shall apply to the tax return forms
filed thereafter.
NOTE: The purpose of this bill is to create the Capitol
Preservation Fund while providing for a voluntary check-off on
personal and corporate income tax return forms for donations from
tax refunds to be used as funding for the fund.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
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