COMMITTEE SUBSTITUTE

FOR

H. B. 4331

(By Delegates Doyle and Manuel)


(Originating in the Committee on Finance)


[February 26, 2002]
A BILL to amend and reenact section eighty-one, article twenty- four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended; and to further amend said article by adding thereto a new section, designated section eighty-five, all relating to funding of farmland protection programs; allowing an additional tax on the privilege of transferring title to real estate for funding of farmland protection programs.

Be it enacted by the Legislature of West Virginia:
That section eighty-one, article twenty-four, chapter eight of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted; and that said article be further amended by adding thereto a new section, designated section eighty- five, all to read as follows:
§8-24-81. Funding of farmland protection programs.
(a) Creation of fund. -- A county commission may use any funds not specifically limited to other uses to fund and support a farmland protection program and, once having created a county farmland protection board, shall authorize the board to create and maintain a farmland protection fund and hire staff as it considers appropriate. County funds.
(1) Creation of county funds. - Once having created a county farmland protection program, a county commission shall authorize the county farmland protection board to create and maintain a farmland protection fund and hire staff as it considers appropriate.
(2) Sources. - a county farmland protection fund is comprised of:
(A) Any moneys not specifically limited to other uses and dedicated to the fund by a county commission;
(B) Any moneys collected pursuant to section eighty-five of this article;
(C) Any money made available to the fund by grants or transfers from governmental or private sources; and
(D) Any money realized by investments, interest, dividends or distributions.
(b) State fund.
(1) Created and continued. -- The West Virginia farmland protection fund is created for the purposes specified in this article.
(c) (2) Sources. -- The West Virginia farmland protection fund is comprised of:
(1) (A) Any money made available to the fund by general or special fund appropriations;
(2) (B) Any money made available to the fund by grants or transfers from governmental or private sources;
(3) (C) Any money realized by investments, interest, dividends or distributions; and
(4) (D) Any money appropriated by the Legislature for the West Virginia farmland protection fund.
(d) (3) Disbursements. -- The treasurer may not disburse any money from the fund other than:
(1) (A) For costs associated with the staffing, administration, and technical and legal duties of the authority;
(2) (B) For reasonable expenses incurred by the members of the board of trustees of the authority in the performance of official duties; and
(3) (C) For consideration in the purchase of farmland conservation and preservation easements.
(e) (4) Money remaining at end of fiscal year. -- Any money remaining in the fund at the end of a fiscal year shall not revert to the general revenue fund of the state, but shall remain in the West Virginia farmland protection fund to be used for the purposes specified in this chapter.
(f) (5) Budget. -- The estimated budget of the authority for the next fiscal year shall be included with the budget of the West Virginia department of agriculture.
(g) (6) Audit. -- The fund shall be audited annually.
§8-24-85. Tax on privilege of transferring real property.
(a) Notwithstanding the provisions of section two, article twenty-two, chapter eleven, and effective the first day of January, two thousand three and thereafter, in addition to the tax imposed pursuant to article twenty-two, chapter eleven of this code, any county commission that has created a farmland protection program may impose an additional county excise tax for the privilege of transferring title to real estate at the rate of no more than one dollar and ten cents for each five hundred dollars' value or fraction thereof as represented by a document as defined in section one, article twenty-two, chapter eleven of this code, payable at the time of delivery, acceptance or presenting for recording of the document.
(b) The tax imposed pursuant to this section is to be administered and collected as the tax on the privilege of transferring title to real estate imposed pursuant to the provisions of article twenty-two, chapter eleven of this code.