Senate Bill No. 463

(By Senators Helmick and Fanning)

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[Introduced March 12, 2001; referred to the Select Committee on Economic Development; and then to the Committee on Finance.]

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A BILL to amend article thirteen-a, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section three-e, relating to imposing a waste coal pile recovery tax to be dedicated to county commissions for use in economic development and infrastructure.

Be it enacted by the Legislature of West Virginia:
That article thirteen-a, 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 three-e, to read as follows:
ARTICLE 13A. SEVERANCE TAXES.

§11-13A-3e. Imposition of tax on privilege of severing or recovering waste coal piles.

(a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the business of severing or recovering waste coal piles, sometimes known as gob piles, for sale, profit or commercial use, there is hereby levied and shall be collected from every person exercising that privilege an annual privilege tax.
(b) Rate and measure of tax. -- The tax imposed in subsection (a) of this section shall be two and one-half percent of the gross value of the waste coal produced, as shown by the gross proceeds derived from the sale thereof by the producer, except as otherwise provided in this article.
(c) Tax in addition to other taxes. -- The tax imposed by this section applies to all persons severing or recovering waste coal piles in this state, and shall be in addition to all other taxes imposed by law except it is in lieu of the tax imposed by section three of this article.
(d) Dedication of taxes collected. -- The taxes collected under the provisions of this section are hereby dedicated to the county commissions of the counties in which the coal waste recovery occurs for use in economic development and infrastructure.

NOTE: The purpose of this bill is to impose a waste coal pile recovery tax to be dedicated to county commissions for use in economic development and infrastructure.

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