ENGROSSED


Senate Bill No. 165

(By Senators Boley and Deem)

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[Introduced January 20, 1999;

referred to the Committee on Finance.]

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A BILL to amend and reenact section two, article thirteen-i, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to extending the expiration of the Colin Anderson employee tax credit to the thirty-first day of December, two thousand.

Be it enacted by the Legislature of West Virginia:
That section two, article thirteen-i, 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 13I. TAX CREDIT FOR EMPLOYING FORMER EMPLOYEES OF COLIN ANDERSON CENTER WHO LOST THEIR JOBS DUE TO THE CLOSURE OF COLIN ANDERSON CENTER.
§11-13I-2. Credit allowed; amount and duration of credit; recapture of credit and effective date.
(a) There shall be allowed to eligible taxpayers a credit against the taxes imposed in articles twenty-one, twenty-three and twenty-four of this chapter. For the purpose of this article, "eligible taxpayer" means a person, firm, partnership, corporation or other entity who employs a person or persons who lost his or her job as a result of the closure of the Colin Anderson Center. Such credit shall be in an amount equal to one half of the cost to the state of unemployment compensation which shall be determined based on the unemployment compensation cost to the state of an employee who earns twenty-one thousand dollars per year and shall be further determined as if such person was unemployed for and drew a full sixteen weeks of unemployment benefits. In the event an eligible taxpayer employs more than one such person, the credit allowed shall be multiplied by the number of persons so employed.
(b) The credit set forth in this article shall apply to personal income tax liabilities, corporation net income tax liabilities and business franchise tax liabilities arising after the thirty-first day of December, one thousand nine hundred ninety-five. The credit established in this article shall expire and may not be claimed for those tax years ending after the thirty-first day of December, one thousand nine hundred ninety- eight two thousand and in order to claim this credit an eligible taxpayer shall have employed a person who lost his or her job after the thirty-first day of December, 31, one thousand nine hundred ninety-five, as a result of the closing of Colin Anderson Center and must be employed after said date and prior to the thirty-first day of December, thirty-one, one thousand nine hundred ninety-seven ninety-nine.
(c) As a condition of receiving the credit established in this article, the eligible taxpayer shall employ the person or persons for a period of time at least equal to one year. In the event such person is employed for less than one year the credit herein shall be recaptured at the rate of twenty percent of the dollar value of the credit for each month under twelve months the person works.
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(NOTE: The purpose of this bill is to extend the expiration of the Colin Anderson employee tax credit to December 31, 2000.

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