H. B. 3232


(By Delegates Lawrence, Cowles, Tabb, Doyle,

Duke, Blair and Overington)

[Introduced March 19, 2009; referred to the

Committee on Finance.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-18A-1, §29-18A-2 and §29-18A-3, all relating to creating the "Commuter Rail Access Act"; allowing railroads in West Virginia which charge track access fees for any daily railroad commuter service in West Virginia a tax credit to the railroad against the corporate net income tax equal to access fees lost in lieu of other payment.

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 article, designated §29-18A-1, §29-18A-2 and §29-18A-3, all to read as follows:

ARTICLE 18A. WEST VIRGINIA COMMUTER RAIL ACCESS ACT.

§29-18A-1. Short title.

This article shall be known and cited as the "West Virginia Commuter Rail Access Act."
§29-18A-2. Charging track access fee for daily railroad commuter service.

Any railroad subject to the provisions of article eighteen-a of this chapter must submit its invoice for track access fees for any daily commuter trains in West Virginia to the West Virginia State Rail Authority office of the West Virginia Department of Transportation. Upon verification by the West Virginia State Rail Authority , the railroad that provided the railroad commuter service access shall accept an equal amount of corporate tax credit for the approved amount of the track access fee as full payment thereof.
§29-18A-3. Railroads entitled to tax credit against corporate net income.
Any railroad in West Virginia whose track is used by a daily commuter railroad service operating in West Virginia shall be allowed a credit against the corporate net income tax imposed by the provisions of article twenty-four, chapter eleven of this code equal to the track access fee lost by the railroad as track access fees charged to a daily commuter railroad service operating in West Virginia using the tracks of that railroad.




NOTE: The purpose of this bill is to allow railroads in West Virginia which charge track access fees for daily railroad commuter service to receive a tax credit to the railroad against the corporate net income tax equal to access fees lost in lieu of payment.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.