H. B. 3180
(By Mr. Speaker, Mr. Kiss and
Delegates Varner and Michael)
[Introduced March 30, 2001; referred to the
Committee on Finance.]
A BILL to amend and reenact section two, article six-f, chapter
eleven of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, relating to modifying the definition
of qualified capital addition to a manufacturing facility for
ad valorem property tax purposes.
Be it enacted by the Legislature of West Virginia:
That section two, article six-f, 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 6F. SPECIAL METHOD FOR APPRAISING QUALIFIED CAPITAL
ADDITIONS TO MANUFACTURING FACILITIES.
§11-6F-2. Definitions.
As used in this article, the term:
(a) "Certified capital addition property" means all real
property and personal property included within or to be included
within a qualified capital addition to a manufacturing facility
that has been certified by the state tax commissioner in accordance with section four of this article: Provided, That airplanes and
motor vehicles licensed by the division of motor vehicles shall in
no event may not constitute certified capital addition property.
(b) "Manufacturing facility" means any factory, mill, chemical
plant, refinery, warehouse, building or complex of buildings,
including land on which it is located, and all machinery,
equipment, improvements and other real property and personal
property located at or within the facility used in connection with
the operation of the facility in a manufacturing business.
(c) "Personal property" means all property specified in
subdivision (q), section ten, article two, chapter two of this code
and includes, but is not limited to, furniture, fixtures, machinery
and equipment, pollution control equipment, computers and related
data processing equipment, spare parts and supplies.
(d) "Qualified capital addition to a manufacturing facility"
means all real property and personal property, the combined
original cost of all of the property which exceeds fifty million
dollars to be constructed, located or installed at or within two
miles of a manufacturing facility owned or operated by the person
making the capital addition that has a total original cost before
the capital addition of at least one hundred million dollars:
Provided, That if the original cost of a manufacturing facility,
placed in service on or after the first day of July, two thousand
one, exceeds one hundred fifty million dollars, the portion of the
facility which exceeds one hundred million dollars in cost constitutes a qualified capital addition to a manufacturing
facility for purposes of this article: Provided, however, That if
the capital addition is made in a steel, chemical or polymer
alliance zone as designated from time-to-time by executive order of
the governor, then the person making the capital addition may for
purposes of satisfying the requirements of this subsection join in
a multiparty project with a person owning or operating a
manufacturing facility that has a total original cost before the
capital addition of at least one hundred million dollars if the
capital addition creates additional production capacity of existing
or related products or feedstock or derivative products respecting
the manufacturing facility.
(e) "Real property" means all property specified in
subdivision (p), section ten, article two, chapter two of this code
and includes, but is not limited to, lands, buildings and
improvements on the land such as sewers, fences, roads, paving and
leasehold improvements.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.