H. B. 2253


(By Delegate Flanigan)
[Introduced February 23, 1993; referred to the
Committee on Finance.]




A BILL to amend and reenact section three-a, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to credit against motor vehicle registration fees for persons and corporations moving their primary residence or place of business into the state.

Be it enacted by the Legislature of West Virginia:
That section three-a, article three, chapter seventeen-a of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 3. ORIGINAL AND RENEWAL OF REGISTRATION; ISSUANCE OF CERTIFICATES OF TITLE.

§17A-3-3a. Payment of personal property taxes prerequisite to registration or renewal; duties of assessors; schedule of automobile values; credit to nonresidents and foreign corporations.

(a) Certificates of registration and renewal of registrationof any vehicle or registration plates therefor shall not be issued or furnished by the department of motor vehicles, or any other officer charged with such duty, unless the applicant therefor, except an applicant exempt from payment of registration fees under section eight, article ten of this chapter, has furnished the receipt hereinafter provided to show full payment of the personal property taxes for the calendar year which immediately precedes the calendar year in which application is made on all vehicles which were registered with the department of motor vehicles in the applicant's name on the tax day for the former calendar year. If the applicant contends that any vehicle so registered was not subject to personal property taxation for that year, he shall furnish such information and evidence as the commissioner of motor vehicles may require to substantiate his contention.
The assessor shall require any person having a duty to make a return of property for taxation to him to furnish information identifying each vehicle subject to the registration provisions of this chapter. When the property taxes on any such vehicle shall have been paid, the officer to whom the payment was made shall deliver to the person paying such taxes a written or printed receipt therefor, and shall retain for his records a duplicate of such receipt. It shall be the duty of the assessor and sheriff, respectively, to see that the assessment records and the receipts contain information adequately identifying the vehicle as registered under the provisions of this chapter. Theofficer receiving payment shall sign each receipt in his own handwriting.
The assessors shall commence their duties hereunder during the tax year one thousand nine hundred fifty-seven and the department of motor vehicles shall commence its duties hereunder as of the first day of January, one thousand nine hundred fifty- eight.
The state tax commissioner shall annually compile a schedule of automobile values, based on the lowest values shown in a nationally accepted used car guide, which schedule shall be furnished to each assessor and shall be used by him as a guide in placing the assessed values on all automobiles in his county.
(b) Any nonresident, including any foreign corporation, moving their primary residence or principal place of business into this state and owning any vehicle registered in a foreign state or country shall be entitled to a credit against the tax imposed by this article in an amount equal to the tax already paid for such vehicles in such previous state of residence.
The tax imposed shall be based upon the current market value of each vehicle.



NOTE: The purpose of this bill is to give a credit against motor vehicle registration fees to those individuals or corporations who move to West Virginia, in an amount equal to the tax they already paid in their previous home state.

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