Senate Bill No. 47

(By Senator Chafin)

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[Introduced January 14, 1998;

referred to the Committee on Finance.]

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A BILL to amend article fourteen, 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, relating to the gasoline and special fuel excise tax; and providing for refunds of tax on gasoline and special fuels sold at certain service stations and truck stops located within seven and one-half miles of a bordering state.

Be it enacted by the Legislature of West Virginia:
That article fourteen, 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, to read as follows:
ARTICLE 14. GASOLINE AND SPECIAL FUEL EXCISE TAX.

§11-14-9. Refund of taxes in border areas.

(a) Notwithstanding any other provision of law to the contrary, qualified service stations and truck stops, as defined in subsections (b) and (c) of this section, are allowed a refund by the department of tax and revenue on the tax imposed on special fuel, or the tax on gasoline delivered to each such service station or truck stop. The refund is allowed monthly for all gasoline or special fuel sold by the qualified service station or truck stop but may not exceed three cents per gallon above the state tax rate imposed on similar products sold by a service station or truck stop in a contiguous state located within the distance indicated in subsection (b) of this section.
(b) A "qualified service station" means a service station located in the state of West Virginia within seven and one-half miles measured by the shortest route by public road, from a service station selling gasoline or special fuels in a contiguous state.
(c) A "qualified truck stop" means a truck stop located in the state of West Virginia within seven and one-half miles measured by the shortest route by public road, from a service station or truck stop selling gasoline or special fuels in a contiguous state.
(d) Qualified service stations and truck stops are allowed refunds by the department of tax and revenue for the amount of reduction computed in accordance with the provisions of subsection (a) of this section. The service station or truck stop, before receiving the refund, shall be registered with the state department of tax and revenue.


NOTE: The purpose of this bill is to give certain service stations and truck stops a limited refund of the excise tax on gallons of gasoline and special fuels sold, if these facilities are located within seven and one-half miles from a similar facility in a state that borders West Virginia.

This section is new; therefore, strike-throughs and underscoring have been omitted.