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Introduced Version Senate Bill 441 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 441

(By Senators Plymale and Jenkins)

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[Introduced March 4, 2009; referred to the Committee on Government Organization; and then 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 §8-13-5b, relating to authorizing Class I and Class II municipalities to impose barge mooring taxes; and providing how proceeds are to be used.

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 §8-13-5b, to read as follows:
ARTICLE 13. TAXATION AND FINANCE.
PART I. POWERS OF TAXATION.

§8-13-5b. Barge mooring tax.
Every Class I and Class II municipality has the plenary power and authority to levy and collect an excise tax on the privilege of mooring a barge within the corporate limits of the municipality. Any ordinance imposing the tax shall require the collection thereof uniformly from all persons mooring barges within the corporate limits of the municipality: Provided, That the tax is not effective until the municipality gives sixty days written notice by certified mail to any barge owner whose barge or barges are moored therein of the effective date of the ordinance.
The proceeds from any such taxation shall be used one-half of the tax for recreation along the river and one-half of the tax for resurrection of sunken barges. Such municipalities may join with the county commission of the county in which the Class I or Class II municipalities are located to impose a barge mooring tax.
Notwithstanding any other provisions of the law to the contrary contained in the Code of West Virginia, 1931, as amended, the provisions of this section are in addition to all other taxing authority heretofore granted municipalities.



NOTE: The purpose of this bill is to authorize Class I and Class II municipalities to impose barge mooring taxes; and providing that the proceeds used half for recreation along the river and half to resurrect sunken barges.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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