Senate Bill No. 580

(By Senators Snyder and Anderson)

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[Introduced February 19, 1999; referred to the Committee on Finance; and then to the Committee on the Judiciary.]

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A BILL to amend article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-nine, relating to authorizing and directing the department of tax and revenue to amend and promulgate a legislative rule relating to professional services exempted from the imposition of the consumers sales and service tax; and providing that laboratories holding a federal or state certification, including, but not limited to, medical, dental, analytical, environmental, forensic and microbiological laboratories, be added to those professional services so exempted.

Be it enacted by the Legislature of West Virginia:
That article nine, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-nine, to read as follows:
ARTICLE 9. AUTHORIZATION FOR MISCELLANEOUS AGENCIES AND BOARDS TO PROMULGATE LEGISLATIVE RULES.

§64-9-29. Department of tax and revenue.
The Legislature hereby authorizes and directs the department of tax and revenue to amend and promulgate the rule promulgated and final filed in the state register on the thirteenth day of July, one thousand nine hundred ninety-three, under the authority of section five, article ten, chapter eleven of this code, relating to the department of tax and revenue (consumer sales and service and use tax, 110 CSR 15), with the amendments set forth below:
On page 35, subdivision 8.1.1.1, line 17, after the words "et seq." by inserting the words "proprietors of state or federally licensed or certified laboratories, including, but not limited to, medical, dental, analytical, environmental, forensic and microbiological laboratories".



NOTE: The purpose of this bill is to authorize and direct the department of tax and revenue to amend and promulgate a legislative rule to provide that laboratories holding a federal or state certification, including, but not limited to, medical, dental, analytical, environmental, forensic and microbiological laboratories, are considered professional services exempt from the consumer sales and service tax.

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