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Committee Substitute House Bill 2894 History

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COM SUB 2 LINES
COMMITTEE SUBSTITUTE

FOR

H. B. 2894

(By Delegates Frazier, Shott, Wooton, Sumner,

Phillips,

Campbell, Mahan, Guthrie, Moore,

Perry and Crosier)


(Originating in the Committee on Finance)

[March 26, 2009]



A BILL to amend and reenact §11-21-12h of the Code of West Virginia, 1931, as amended, relating to programs for travel on toll roads in West Virginia; requiring West Virginia Parkways, Economic Development and Tourism Authority to establish a contiguous county transponder account discount program for certain noncommercial commuters; and modifying the conditions for the tax modifications available to commuters participating in certain authority programs.

Be it enacted by the Legislature of West Virginia:
That §11-21-12h of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 21. PERSONAL INCOME TAX.
§11-21-12h. Additional modification reducing federal adjusted gross income relating to tolls for travel on West Virginia toll roads and paid electronically through use of parkways authority commuter (PAC) cards and Contiguous County Transponder Accounts.

(a) For taxable years beginning on and after January 1, 2007, and before January 1, 2010, in addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to subsection (c), section twelve of this article, any payment during the taxable year for amounts expended by an individual for tolls paid electronically through use of a West Virginia Parkways, Economic Development and Tourism Authority PAC card (parkways authority commuter card) account for noncommercial commuter passes for travel on toll roads in West Virginia, not including amounts paid as refundable transponder deposits or amounts reimbursed by an employer or otherwise, is an authorized modification reducing federal adjusted gross income, but only to the extent the amount is not allowable as a deduction when arriving at the taxpayer's federal adjusted gross income for the taxable year in which the payment is made. In the case of a single person, a head of household or a married couple filing a joint return, or a married person filing a separate return, this authorized modification reducing federal adjusted gross income shall apply only to the portion of the expended amount that equals or exceeds $25 and the total amount deducted for a taxable year shall not exceed $1,200. Any amount of qualified tolls paid and eligible for this decreasing modification under this subsection and not used in the taxable year when paid shall carry forward for up to three taxable years subsequent to the taxable year when paid. Qualified toll payments not used by the end of the carry forward period shall be forfeited.
(b)(1)For taxable years beginning on and after January 1, 2010, in addition to amounts authorized to be subtracted from federal adjusted gross income pursuant to subsection (c), section twelve of this article, any payment during the taxable year for amounts expended by an individual for tolls paid electronically through use of a West Virginia Parkways, Economic Development and Tourism Authority PAC card (parkways authority commuter card) account for noncommercial commuter passes for travel on toll roads in West Virginia, or for amounts expended by an individual for tolls paid electronically through use of a Contiguous County Transponder Account for noncommercial commuters for travel on toll roads in West Virginia, not including amounts paid as refundable transponder deposits or amounts reimbursed by an employer or otherwise, is an authorized modification reducing federal adjusted gross income, but only to the extent the amount is not allowable as a deduction when arriving at the taxpayer's federal adjusted gross income for the taxable year in which the payment is made. In the case of a single person, a head of household or a married couple filing a joint return, or a married person filing a separate return, this authorized modification reducing federal adjusted gross income shall apply to the expended amount, not to exceed $1,500 for a taxable year. Any amount of qualified tolls paid and eligible for this decreasing modification under this subsection and not used in the taxable year when paid shall carry forward for up to three taxable years subsequent to the taxable year when paid. Qualified toll payments not used by the end of the carry forward period shall be forfeited.
(2) On or before January 1, 2010, the parkways authority shall create a contiguous county transponder account discount program for travel on toll roads in West Virginia for noncommercial commuters who are residents of Fayette, Greenbrier, Kanawha, McDowell, Mercer, Monroe, Raleigh, Summers and Wyoming counties. Any discount program created pursuant to this subsection shall provide discounts for each class of motor vehicles. For purposes of this subsection, "transponder" means a device sold by the parkways authority which allows the purchaser to attach the device to his or her motor vehicle and travel through a parkways toll facility and be billed for such travel by the authority. Under the program the residents' tolls shall be deducted from a prepaid account, and shall require automatic replenishment of or additional prepayment to the account only when the account balance falls below $25, and shall require a maximum balance of the account of no more than $50.
(c) The Tax Commissioner annually, on or before December 31 of each calendar year, beginning in 2008, shall certify to the West Virginia Parkways, Economic Development and Tourism Authority: (i) (1) The total dollar amount of tolls deducted by individuals under this section on personal income tax returns filed for the preceding taxable year beginning with taxable year 2007; and (ii)(2) the total dollar amount of personal income tax revenue not collected through the date of such certification solely as a result of such total toll deductions for such taxable year.
(c)(d) On or before June 30 of the following calendar year, beginning in 2009, the West Virginia Parkways, Economic Development and Tourism Authority shall pay to the Tax Commissioner an amount equal to such certified total dollar amount of personal income tax revenue not collected for the taxable year covered by such certification: Provided, That the authority shall make such payment solely from nontoll revenues (that is, from revenues derived by the authority from sources other than tolls charged for transit on the West Virginia Turnpike) and only at such times and in such amounts and installment payments as are permitted by covenants and agreements of the authority under such bond indentures and other bond agreements as are then applicable to such nontoll revenues: Provided, however, That to the extent required to comply with such bond indentures and other bond agreements, the authority may defer the payment of all or a part of such amount beyond June 30 of the following calendar year.
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