H. B. 2079


(By Delegate Love)
[Introduced February 10, 1993; referred to the
Committee on Agriculture and Natural Resources
then Finance.]




A BILL to amend and reenact sections one, two, four and five, article two-a, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to a voluntary individual and corporate taxpayer wildlife check-off and contribution program.

Be it enacted by the Legislature of West Virginia:
That sections one, two, four and five, article two-a, chapter twenty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 2A. VOLUNTARY WILDLIFE CHECK-OFF PROGRAM.

§20-2A-1. Legislative intent.

It is in the public interest to preserve, protect and perpetuate all species of wildlife for the use and benefit of the citizens of West Virginia. The intent of this legislation is to provide additional funding for wildlife programs, to be primarilyused to enhance nongame wildlife programs and for the management, preservation, protection and perpetuation of nongame species.
The financing of these programs will be derived from a voluntary check-off and contribution designation on state personal income tax and corporate net income tax annual return forms of a portion or all of a taxpayer's refund or an amount in addition to any taxes owed. The funding provided shall be supplemental to existing revenues.
§20-2A-2. Voluntary check-off designation.

(a) Each West Virginia individual income tax return form shall contain a designation as follows:
West Virginia Voluntary Wildlife Check-Off Program.

Check ( ) if you wish to designate $1, $5, $10, or more of your tax refund for this program. If joint return, check ( ) if spouse wishes to designate $1, $5, $10, or more.
Check ( ) if you wish to designate $3, $5, $10, or (any amount) of your tax refund or the amount you wish to designate in addition to your taxes owed to go to this voluntary wildlife program. If a joint return is filed, check ( ) if your spouse wishes to designate $3, $5, $10, or (any amount).
(b) Each individual taxpayer desiring to contribute to the voluntary wildlife program may designate by placing an "X" in the appropriate box on the state income tax return form. His or her contribution shall be credited to said program.
(b) Each West Virginia corporation net income tax annual return form shall contain a designation as follows:
West Virginia Voluntary Wildlife Check-Off Program.

Check ( ) if you wish to designate $50 or (any amount) of your tax refund or the amount you wish to designate in addition to your taxes owed to go to this voluntary wildlife program.
Each corporate taxpayer desiring to contribute to the voluntary wildlife program may designate by placing an "X" in the appropriate box on the state corporation net income tax annual return form. This contribution shall be credited to said program.
§20-2A-4. Use of funds.

The funds The moneys in the fund, and all interest accruing therefrom, shall be used for the purpose of enhancement and perpetuation of nongame wildlife programs in this state upon order of the director. The director shall on the fifteenth day of January each year furnish the Legislature with a report stating the amount of money that has been provided and how such moneys have been expended.
§20-2A-5. Effective date.

This legislation shall take effect on the first day of January, one thousand nine hundred eighty-two ninety-four, and shall apply to tax return forms filed thereafter.



NOTE: The purpose of this bill is to provide additional funding for nongame wildlife programs.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.