H. B. 4110
(By Delegates Perry, Ellem, Morgan,
Stemple, Boggs, and White)
[Introduced January 21, 2008; referred to the
Committee on the Judiciary then Finance.]
A BILL to amend and reenact §11-16-13 of the Code of West Virginia,
1931, as amended, relating to increasing the barrel tax on
nonintoxicating beer; and allocating fifty percent of the tax
to the Regional Jail Operations Partial Reimbursement Fund.
Be it enacted by the Legislature of West Virginia:
That §11-16-13 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. NONINTOXICATING BEER.
§11-16-13. Barrel tax on nonintoxicating beer.
(a) There is
hereby levied and imposed, in addition to the
license taxes provided
for in this article, a tax of
five dollars
and fifty cents eleven dollars on each barrel of thirty-one gallons
and in like ratio on each part barrel of nonintoxicating beer
manufactured in this state for sale within this state, whether
contained or sold in barrels, bottles or other containers, and a like tax is
hereby levied and imposed upon all nonintoxicating beer
manufactured outside of this state and brought into this state for
sale within this state; but no nonintoxicating beer manufactured,
sold or distributed in this state is subject to more than one
barrel tax.
Fifty percent of the tax collected by the commissioner
shall be retained by the state and the remaining fifty percent
shall be allocated to the Regional Jail Operations Partial
Reimbursement Fund, established pursuant to the provisions of
section ten-b, article twenty, chapter thirty-one of this code, for
distribution to counties by the State Treasurer. The brewer
manufacturing or producing nonintoxicating beer within this state
for sale within this state shall pay the barrel tax on such
nonintoxicating beer, and, except as provided otherwise, the
distributor who is the original consignee of nonintoxicating beer
manufactured or produced outside of this state, or who brings
such
the nonintoxicating beer into this state, shall pay the barrel tax
on
such the nonintoxicating beer manufactured or produced outside
of this state:
Provided, That the barrel tax imposed by this
section
shall does not apply to nonintoxicating beer manufactured
by a brewpub.
(b)
On or before Before the tenth day of each month during the
license period, every brewer or operator of a brewpub who
manufactures or produces nonintoxicating beer within this state
shall file a report in writing, under oath, to the Tax Commissioner, in the form prescribed by the Tax Commissioner,
stating its total sales, or in the case of a brewpub, its total
estimated production of nonintoxicating beer within this state
during that month, and at the same time shall pay the tax levied by
this article on such production.
On or before Before the tenth day
of each month during the license period, every distributor who is
the original consignee of nonintoxicating beer manufactured or
produced outside this state or who brings such beer into this state
for sale shall file a report in writing, under oath, to the Tax
Commissioner, in the form prescribed by the Tax Commissioner,
stating its total estimated purchases of
such nonintoxicating beer
during that month, and at the same time shall pay the tax
thereon
levied by this article for such estimated monthly purchase:
Provided, That the Tax Commissioner may allow, or require, a brewer
who manufactures or produces nonintoxicating beer outside this
state to file the required report and pay the required tax on
behalf of its distributor or distributors. Any brewer or
distributor or operator of a brewpub who files a report under this
subsection may adjust its monthly estimated sales or purchases or
production report or reports by filing amended reports by the
twenty-fifth day of the reporting month.
(c) Every brewer or distributor or operator of a brewpub who
files a report under subsection (b) of this section shall file a
final monthly report of said sales or purchases or production, in a form and at a time prescribed by the Tax Commissioner, stating
actual nonintoxicating beer sales, purchases or production and
other information which the Tax Commissioner may require, and shall
include a remittance for any barrel tax owed for actual sales or
purchases or production made in excess of the amount estimated for
that month.
(d) Any brewer or distributor or operator of a brewpub who
files a report pursuant to subsection (b) of this section
reflecting an underestimation of twenty-five percent or more of
actual sales or purchases or production of nonintoxicating beer as
shown by the report filed pursuant to subsection (c) of this
section shall be assessed a penalty of one percent of the total
taxes due in
such the prior month.
(e) Brewers and distributors and operators of brewpubs shall
keep all records which relate to the sale or purchase in this state
of nonintoxicating beer for a period of three years unless written
approval for earlier disposal is granted by the Tax Commissioner.
(f) Brewpubs shall keep
such records
as required by the
federal government and may, in lieu of the recordkeeping and
reporting requirements contained in subsections (a) through (e) of
this section, file copies of the federal reports contemporaneously
with the Tax Commissioner at the time of
such the filings with the
federal government. The filing of duplicate copies of the federal
reports with the State Tax Commissioner
shall be deemed is considered as compliance with subsections (a) through (e) of this
section.
NOTE: The purpose of this bill is to increase the barrel tax
on nonintoxicating beer and allocate fifty percent of the tax to
the Regional Jail Operations Partial Reimbursement Fund.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill was recommended for introduction and passage during
the 2008 Regular Session of the Legislature by the Legislative
Oversight Committee on Regional Jail and Correctional Facility
Authority.