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.