
Senate Bill No. 616
(By Senators Jenkins, Plymale and Hunter)
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[Introduced February 17, 2003; referred to the Committee on
Government Organization; and then to the Committee on Finance
.]
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A BILL to amend article thirteen, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section eleven-a,
relating to permitting municipalities to levy an occupation
privilege fee; setting forth the maximum occupation fee;
setting forth an effective date; providing restrictions and
uses on revenues derived from the occupation fee; pension
stabilization fund; and termination of fee.
Be it enacted by the Legislature of West Virginia:

That article thirteen, chapter eight of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
eleven-a, to read as follows:
ARTICLE 13. TAXATION AND FINANCE.
§8-13-11a. Pension stabilization fund.

(a) Effective the first day of July, two thousand four, every municipality shall have plenary power and authority to levy and
collect an annual occupation privilege fee of up to ten dollars per
year from any person employed and working within the municipal
boundaries, regardless where the person may reside.

(b) Municipalities shall use the revenues derived from this
privilege fee as an additional source of funding over and above the
funding mandates imposed by section twenty, article twenty-two of
this chapter to stabilize pension and relief funds for its
policemen or firemen, or for both, if the city has both these
plans: Provided, That once a municipal policemens' or firemens'
pension and relief fund is at least ninety-five percent actuarially
funded, the municipality shall terminate the collection of the
occupation privilege fee.
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(NOTE: The purpose of this bill is to allow municipalities to
enact an occupation privilege fee of ten dollars. The fee is
dedicated to municipal police and fire pension plans.

This section is new; therefore, strike-throughs and
underscoring have been omitted.)
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GOVERNMENT ORGANIZATION COMMITTEE AMENDMENT

On page two, section eleven-a, line five, after the word
"regardless" by inserting the word "of".