A BILL to amend article three, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine-b, relating to creating a voluntary checkoff on income tax returns for donations from refunds for family literacy program grants to schools and libraries; requiring state superintendent to administer program through the division of technical and adult education family literacy initiative; and requiring state superintendent to propose legislative rules to implement the program.

Be it enacted by the Legislature of West Virginia:
That article three, chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine-b, to read as follows:

ARTICLE 3. STATE SUPERINTENDENT OF SCHOOLS.

§18-3-9b. West Virginia family literacy initiative check-off program; state superintendent to propose rules.

(a) The tax commissioner shall cause each West Virginia personal income tax return form to contain a provision whereby the taxpayer, and his or her spouse if a joint return, may designate a portion or all of his or her tax refund to the West Virginia family literacy initiative check-off program. The contribution made shall be credited to the program.
(b) The tax department shall determine by the first day of July of each year the total amount designated pursuant to this section and shall report the amount to the state treasurer who shall credit the amount to a nonappropriated fund in the department of education to be known as the "West Virginia family literacy initiative check-off fund". Expenditures from the fund shall be for the purposes set forth in this section.
(c) The funds shall be used for the purpose of providing state grants to schools and libraries in this state to implement family literacy programs as provided in this section. The program shall promote, encourage and teach adults with low functional literacy skills to learn to read with their children, grandchildren or other family members. The superintendent, through the department of education, division of technical and adult education, family literacy initiative, shall administer the program and shall propose legislative rules in accordance with the provisions of section three, article twenty-nine-a of this code designed to implement the purposes of this program.
(d) This section shall apply to all personal income tax returns required to be filed for tax years beginning on or after the first day of January, two thousand three, and before the first day of July, two thousand eight.