Senate Bill No. 352

(By Senators Wehrle, Macnaughtan and Brackenrich)

____________

[Introduced March 10, 1993; referred to the Committee
on Natural Resources; and then to the Committee on Finance.]

____________




A BILL to amend article twenty-two, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended by adding thereto a new section, designated section two-a; and to amend and reenact article two-a, chapter twenty of said code, all relating to placing an additional excise tax on the privilege of transferring real property; establishing a special nongame wildlife and national heritage fund within the division of natural resources; providing for the placement of the proceeds of additional excise tax into the fund; and providing for the expenditure of moneys from the fund.

Be it enacted by the Legislature of West Virginia:
That article twenty-two, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section two-a; and that article two-a, chapter twenty of said code be amended and reenacted, all to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 22. EXCISE TAX ON PRIVILEGE OF TRANSFERRING REAL PROPERTY.

§11-22-2a. Additional state excise tax; when and by whom payable; dedication of net proceeds to nongame wildlife and natural heritage programs.

Notwithstanding any provision of section two of this article, effective the first day of July, one thousand nine hundred ninety-three and thereafter, there is hereby imposed an additional state excise tax for the privilege of transferring title to real estate at the rate of fifty cents for each five hundred dollars value, or fraction thereof, as represented by such document as defined in section one hereof, but in no event shall the total of the additional tax exceed five hundred dollars on any one transfer, which state excise tax shall be payable at the time of delivery, acceptance or presenting of such document. Such additional state excise tax shall be administered, collected and enforced in the same manner as the state excise tax authorized pursuant to section two of this article. The net proceeds of the additional state excise tax imposed pursuant to this section shall be transferred, as those proceeds are received by the state tax commissioner, to the nongame wildlife and natural heritage fund of the division of natural resources.
CHAPTER 20. NATURAL RESOURCES.

ARTICLE 2A. NONGAME WILDLIFE AND NATURAL HERITAGE FUND.
§20-2A-1. Legislative intent.

It is in the public interest to preserve, protect and perpetuate all native species of wildlife and plants for the use and benefit of the citizens of West Virginia. The intent of this is to provide funding for wildlife and plant programs, to be used solely to enhance nongame wildlife and plant conservation programs and for the management, preservation, protection and perpetuation of native nongame wildlife and plant species.
The financing of these programs will be derived from a portion of the state excise tax on the transfer of real property provided in section two-a, article twenty-two, chapter eleven of this code.
§20-2A-2. Revenues credited to special fund.

The tax commissioner shall collect and transfer the proceeds of the state excise tax on the transfer of real property collected under the provisions of section two-a, article twenty-two, chapter eleven of this code to the division of natural resources for deposit into the nongame wildlife and national heritage fund which is hereby established. Any moneys in the fund and all interest accruing to the fund shall be expended for the purpose of the enhancement and perpetuation of the nongame wildlife and natural heritage program. Any unexpended balances remaining at the end of each fiscal year shall remain in the nongame wildlife and natural heritage fund. Not later than the fifteenth day of January of each year, the director of the division of natural resources shall provide a written report detailing the activities of the division inimplementing the program and providing an accounting of expenditures from the fund to the speaker of the House of Delegates and the president of the Senate.



NOTE: The purpose of this bill is to place an excise tax of fifty cents per five hundred dollar value on the transfer of real property to be credited to the Nongame Wildlife and Natural Heritage Fund for use in enhancing and perpetuating the nongame wildlife and natural heritage program in this state.

§11-22-2a is a new section and Article two-a of chapter twenty has been completely rewritten; therefore, strike-throughs and underscoring have been omitted.