H. B. 2572


(By Mr. Speaker, Mr. Kiss, and Delegate Ashley)
[By Request of the Executive]
[Introduced March 17, 1997; referred to the
Committee on Finance.]



A BILL to amend and reenact section one, article one, chapter
eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating generally to the state tax division; increasing salary of tax commissioner; eliminating requirement that commissioner's office be in capitol building; and specifying effective date.

Be it enacted by the Legislature of West Virginia:
That section one, article one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 1. SUPERVISION.
§11-1-1. Office of tax commissioner continued and designated the
state tax division; appointment, term, oath bond, and compensation of commissioner; powers and duties generally; sections of division; assistant tax commissioner; assistant attorneys general to assist commissioner.

(a) The office of the tax commissioner shall be continued in all respects as heretofore constituted in the state government, but is hereby designated as the state tax division of the department of tax and revenue.
(b) The tax commissioner shall be the chief executive officer of the department tax division and shall be appointed by the governor, by and with the advice and consent of the Senate, to serve at the will and pleasure of the governor for the term for which the governor was elected and until a successor has been appointed and qualified. The tax commissioner in office when this section takes effect [March 11, 1967] shall, unless sooner removed, continue to serve until his term expires, and his successor has been appointed and has qualified.
(c) The tax commissioner, before entering upon the duties of his or her office, shall take the oath or affirmation prescribed by Section 5 of Article IV of the Constitution. He or she shall give bond with good security, to be approved by the governor, in the penalty of five fifteen thousand dollars. The salary of the tax commissioner shall be sixteen sixty-five thousand dollars a year or the amount specified in section two-a, article seven, chapter six of this code, whichever amount is greater. He The commissioner shall be repaid his or her actual disbursements for traveling expenses. He The commissioner shall be provided with an office in the capitol space occupied by the tax division in Charleston and with such furniture, office equipment and clerical assistance as shall be necessary.
(d) The tax commissioner shall have control and supervision of the state tax department division and shall be responsible for the work of each of its divisions sections or other subunits. Each division section or bureau shall be headed by a director appointed by the tax commissioner and who shall be responsible to the tax commissioner for the work of his or her division section or bureau. The tax commissioner may create such divisions sections or bureaus and employ such staff or employees as may be necessary to administer the state tax laws for which he or his department the tax commissioner or tax division is responsible, within the amount appropriated for operation of the tax division by the Legislature. and he The commissioner shall have authority to appoint an assistant tax commissioner who shall be his or her principal assistant. The powers and duties vested in the tax commissioner by this chapter and any other provisions of law may be delegated by him the commissioner to such the assistant or other employees, but the tax commissioner shall be responsible for all official acts of such delegates.
(e) The tax commissioner, if he or she deems such action necessary, may request the attorney general to appoint assistant attorneys general who shall perform such duties as may be required by the tax commissioner. The attorney general, in pursuance of such request, may select and appoint assistant attorneys general, with the consent of the tax commissioner, to serve during the will and pleasure of the attorney general, and such the assistants shall be paid out of any funds made available for that purpose by the Legislature to the state tax department division.


NOTE: The purpose of this bill is to increase the salary of the Tax Commissioner to $65,000 per year and to eliminate the requirement that the Tax Commissioner have an office in the Capitol Building.

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