Senate Bill No. 148

(By Senators Dittmar, Tomblin, Mr. President, Anderson, Bailey, Blatnik, Boley, Bowman, Buckalew, Chafin, Craigo, Deem, Dugan,

Grubb, Helmick, Jackson, Kimble, Love, Macnaughtan, Manchin, Miller, Minear, Oliverio, Plymale, Ross, Schoonover, Scott,

Sharpe, Wagner, Walker, Whitlow, Wiedebusch, Wooton and Yoder)

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[Introduced January 25, 1996;

referred to the Committee on Finance].


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A BILL to amend article fifteen, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-f, relating to consumers sales and service tax; exemptions; applications; and providing a limited exemption from the consumers sales tax to purchasers of replacement mobile homes and purchasers of materials for repair and replacement of primary residences damaged or destroyed by floodwater.

Be it enacted by the Legislature of West Virginia:
That article fifteen, 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 nine-f, to read as follows:
ARTICLE 15. CONSUMERS SALES TAX.
§11-15-9f. Exemptions; temporary flood relief; application; refunds.

Certain sales of mobile homes to be utilized by the purchaser as a replacement for a principal year-round residence or dwelling destroyed or rendered uninhabitable by floodwater and aggregated sales of five hundred dollars or more of merchandise, including, but not limited to, building materials, supplies and appliances used for the repair or replacement of flood damage to a principal year-round residence or dwelling are exempt from the taxes imposed by this article during the period from the nineteenth day of January, one thousand nine hundred ninety-six through the fifteenth day of April, one thousand nine hundred ninety-six.
In order to qualify for the exemption provided by this section, a purchaser must make application and affidavit to the office of emergency services, on a form to be immediately prescribed by the state tax commissioner, certifying the type, extent and date of damage to the purchaser's primary year-round residence or dwelling. After conducting any investigation required by the circumstances, the office of emergency services shall issue to the purchaser one or more exemption vouchers, as required, on a form to be immediately prescribed by the state tax commissioner, which shall serve as a certificate of exemption from the tax imposed by this article and shall be accepted by any state vendor in lieu of such tax, when properly completed and executed by the purchaser.
Notwithstanding the forgoing, any purchaser of a qualifying mobile home or qualifying material who does not obtain exemption from taxation at the time of purchase may apply to the state tax commissioner for a refund of such tax. The state tax commissioner is authorized and directed to refund such tax to a qualifying purchaser who makes application for refund on or before the first day of July, one thousand nine hundred ninety-six, together with satisfactory proof of payment, date of payment, loss, date of loss and qualification for exemption.
This exemption applies to the repair and replacement of primary residences located in those counties in which the governor has declared a state of emergency to exist in January, one thousand nine hundred ninety-six, namely the counties of Hancock, Brooke, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Jackson, Mason, Cabell, Wayne, Jefferson, Berkeley, Morgan, Hampshire, Hardy, Pendleton, Pocahontas, Greenbrier, Summers, Nicholas, Webster, Randolph, Tucker, Preston, Grant and Mineral.


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