H. B. 4131
(By Mr. Speaker, Mr. Kiss (By Request))
[Introduced January 23, 2002; referred to the
Committee on Finance.]
A BILL to amend article sixteen-a, chapter seventeen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six-a, relating to determining West Virginia products;
requiring that there be value added by West Virginia labor or
materials; and providing that repackaging in West Virginia may
qualify as a West Virginia product in certain instances.
Be it enacted by the Legislature of West Virginia:
That article sixteen-a, chapter seventeen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six-a,
to read as follows:
ARTICLE 16A. WEST VIRGINIA PARKWAYS, ECONOMIC DEVELOPMENT AND TOURISM AUTHORITY.
§17-16A-6a. West Virginia products.
In determining which products are considered West Virginia
products, the authority shall require for those products that are
not one hundred percent comprised of materials solely from this
state and not one hundred percent made by West Virginia residents,
that there be some significant value added process performed in
this state, either through the addition of material or labor which
are solely derived from this state. For purposes of this article,
the term "significant value added" requires more than merely
repackaging: Provided, That if there are no competing West
Virginia products being offered for sale by a facility operated or
authorized by the parkways authority, and the absence of a
particular product would result in lost sales, then any product
which is merely repackaged in West Virginia shall be considered a
West Virginia product for all pertinent purposes.
NOTE: The purpose of this bill is to provide standards for
determining what constitutes a "West Virginia product" with regard
to products sold at facilities operated or authorized by the West
Virginia Parkways Authority.
This section is new; therefore, strike-throughs and
underlining have been omitted.