COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 474

(By Senators Tomblin, Mr. President, and Caruth,

By Request of the Executive)

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[Originating in the Committee on Finance;

reported February 19, 2008.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9j, relating to providing a limited annual exemption from the consumers sales and service tax for purchases of eligible specified exempt Energy Star qualified products; specifying time period for exemption; and specifying definition.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §11-15-9j, to read as follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.
§11-15-9j. Annual exemption for purchases of energy efficient products.

(a) There is established an annual sales tax holiday on the sale of specified Energy Star qualified products from the taxes imposed by this article if:
(1) The sales price of the specified Energy Star qualified product is two thousand five hundred dollars or less per purchase for noncommercial home or personal use; and
(2) The sale takes place during a period beginning at 12:01 a.m. eastern daylight time on the first day of September and ending at 11:59 p.m. eastern daylight time on the seventh day of September beginning in the year two thousand eight and continuing each year thereafter.
(b) This section does not apply to tangible personal property for use in a trade or business.
(c) Definition. -- As used in this section, the term "specified exempt Energy Star qualified product" means any battery charger, room air cleaner, water cooler, heat pump, boiler, furnace, geothermal heat pump, ventilating fan, dishwasher, clothes washer, air conditioner, ceiling fan, compact fluorescent light bulb, light fixture, dehumidifier, programmable thermostat, freezer or refrigerator that meets the energy efficient guidelines set by the United States Environmental Protection Agency and the United States Department of Energy and is authorized to carry the Energy Star label.