COMMITTEE SUBSTITUTE
FOR
H. B. 2894
(By Delegates Frazier, Shott, Wooton, Sumner,
Phillips,
Campbell, Mahan, Guthrie, Moore,
Perry and Crosier)
(Originating in the Committee on Finance)
[March 26, 2009]
A BILL to amend and reenact §11-21-12h of the Code of West
Virginia, 1931, as amended, relating to programs for travel on
toll roads in West Virginia; requiring West Virginia Parkways,
Economic Development and Tourism Authority to establish a
contiguous county transponder account discount program for
certain noncommercial commuters; and modifying the conditions
for the tax modifications available to commuters participating
in certain authority programs.
Be it enacted by the Legislature of West Virginia:
That §11-21-12h of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-12h. Additional modification reducing federal adjusted
gross income relating to tolls for travel on West
Virginia toll roads and paid electronically
through use of parkways authority commuter (PAC)
cards
and Contiguous County Transponder Accounts.
(a) For taxable years beginning on and after January 1, 2007,
and before January 1, 2010, in addition to amounts authorized to be
subtracted from federal adjusted gross income pursuant to
subsection (c), section twelve of this article, any payment during
the taxable year for amounts expended by an individual for tolls
paid electronically through use of a West Virginia Parkways,
Economic Development and Tourism Authority PAC card (parkways
authority commuter card) account for noncommercial commuter passes
for travel on toll roads in West Virginia, not including amounts
paid as refundable transponder deposits or amounts reimbursed by an
employer or otherwise, is an authorized modification reducing
federal adjusted gross income, but only to the extent the amount is
not allowable as a deduction when arriving at the taxpayer's
federal adjusted gross income for the taxable year in which the
payment is made. In the case of a single person, a head of
household or a married couple filing a joint return, or a married
person filing a separate return, this authorized modification
reducing federal adjusted gross income shall apply only to the
portion of the expended amount that equals or exceeds $25 and the
total amount deducted for a taxable year shall not exceed $1,200.
Any amount of qualified tolls paid and eligible for this decreasing
modification
under this subsection and not used in the taxable year
when paid shall carry forward for up to three taxable years
subsequent to the taxable year when paid. Qualified toll payments
not used by the end of the carry forward period shall be forfeited.
(b)
(1)For taxable years beginning on and after January 1, 2010, in addition to amounts authorized to be subtracted from
federal adjusted gross income pursuant to subsection (c), section
twelve of this article, any payment during the taxable year for
amounts expended by an individual for tolls paid electronically
through use of a West Virginia Parkways, Economic Development and
Tourism Authority PAC card (parkways authority commuter card)
account for noncommercial commuter passes for travel on toll roads
in West Virginia, or for amounts expended by an individual for
tolls paid electronically through use of a Contiguous County
Transponder Account for noncommercial commuters for travel on toll
roads in West Virginia, not including amounts paid as refundable
transponder deposits or amounts reimbursed by an employer or
otherwise, is an authorized modification reducing federal adjusted
gross income, but only to the extent the amount is not allowable as
a deduction when arriving at the taxpayer's federal adjusted gross
income for the taxable year in which the payment is made. In the
case of a single person, a head of household or a married couple
filing a joint return, or a married person filing a separate
return, this authorized modification reducing federal adjusted
gross income shall apply to the expended amount, not to exceed
$1,500 for a taxable year. Any amount of qualified tolls paid and
eligible for this decreasing modification under this subsection and
not used in the taxable year when paid shall carry forward for up
to three taxable years subsequent to the taxable year when paid.
Qualified toll payments not used by the end of the carry forward
period shall be forfeited.
(2) On or before January 1, 2010, the parkways authority shall
create a contiguous county transponder account discount program for
travel on toll roads in West Virginia for noncommercial commuters
who are residents of Fayette, Greenbrier, Kanawha, McDowell,
Mercer, Monroe, Raleigh, Summers and Wyoming counties. Any
discount program created pursuant to this subsection shall provide
discounts for each class of motor vehicles. For purposes of this
subsection, "transponder" means a device sold by the parkways
authority which allows the purchaser to attach the device to his or
her motor vehicle and travel through a parkways toll facility and
be billed for such travel by the authority. Under the program the
residents' tolls shall be deducted from a prepaid account, and
shall require automatic replenishment of or additional prepayment
to the account only when the account balance falls below $25, and
shall require a maximum balance of the account of no more than $50.
(c) The Tax Commissioner annually, on or before December 31 of
each calendar year, beginning in 2008, shall certify to the West
Virginia Parkways, Economic Development and Tourism Authority:
(i)
(1) The total dollar amount of tolls deducted by individuals under
this section on personal income tax returns filed for the preceding
taxable year beginning with taxable year 2007; and
(ii)(2) the
total dollar amount of personal income tax revenue not collected
through the date of such certification solely as a result of such
total toll deductions for such taxable year.
(c)(d) On or before June 30 of the following calendar year,
beginning in 2009, the West Virginia Parkways, Economic Development and Tourism Authority shall pay to the Tax Commissioner an amount
equal to such certified total dollar amount of personal income tax
revenue not collected for the taxable year covered by such
certification:
Provided, That the authority shall make such
payment solely from nontoll revenues (that is, from revenues
derived by the authority from sources other than tolls charged for
transit on the West Virginia Turnpike) and only at such times and
in such amounts and installment payments as are permitted by
covenants and agreements of the authority under such bond
indentures and other bond agreements as are then applicable to such
nontoll revenues:
Provided, however, That to the extent required
to comply with such bond indentures and other bond agreements, the
authority may defer the payment of all or a part of such amount
beyond June 30 of the following calendar year.