SB141 INTR

Senate Bill No. 141

(By Senators Tomblin (Mr. President) and Sprouse

By Request of the Executive)
____________

[Introduced January 10, 2002; referred to the Committee

on Finance.]
____________

A BILL to amend article one, chapter eleven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section one-a, relating generally to powers of tax commissioner; and providing that tax commissioner may employ staff attorneys, retain outside counsel or request attorney general to represent commissioner in any judicial or administrative proceeding or furnish any other legal services.

Be it enacted by the Legislature of West Virginia:

That article one, 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 one- a, to read as follows:
ARTICLE 1. SUPERVISION.
§11-1-1a. Provision of legal services.

(a) Notwithstanding any provision of this code to the contrary, the tax commissioner shall have plenary power and authority to acquire any legal services the commissioner deems necessary to carry out the functions and duties of the state tax division or the office of tax commissioner, including, but not limited to, representation of the tax division or the commissioner in any administrative or judicial proceeding.

(b) Legal services may be provided by attorneys licensed to practice law who are employed by the commissioner on a salary basis or retained by the commissioner on a reasonable fee basis.

(c) The commissioner may also request the assistance of the attorney general and be represented in an administrative or judicial proceeding by a deputy or assistant attorney general acceptable to the tax commissioner.

NOTE: The purpose of this bill is to allow the tax commissioner to employ legal counsel to represent the commissioner in administrative or judicial proceedings or to provide other legal services.

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