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SB265 SUB1 Senate Bill 265 History

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SB265 SUB1
COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 265

(By Senators Unger, Snyder, Stollings, Chafin and Kessler)

____________

[Originating in the Committee on Education;

reported March 25, 2009.]

____________


A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1; and to amend said code by adding thereto a new section, designated §18-2-19, all relating to authorizing a tax credit for new teachers in critical needs areas; specifying effective date; providing definition; specifying amount of credit; specifying application of credit; specifying forfeiture of unused credit; specifying no carryover or carryback for credit; and requiring the State Board of Education to determine standards defining "critical needs areas" in both subject areas and geographic areas.

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 §11-13Z-1; and that said code be amended by adding thereto a new section, designated §18-2-19, all to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 13Z. CRITICAL NEEDS TEACHERS TAX CREDITS.
§11-13Z-1. Tax credits for new critical needs teachers.

(a) Credit allowed. -- For those tax years beginning on or after January 1, 2009, there shall be allowed a credit for any taxpayer, who is a new teacher, against personal income taxes imposed by this state under article twenty-one of this chapter on wages paid to new teachers in critical needs areas of education as the term "critical needs areas" is defined by the State Board of Education under section nineteen, article two, chapter eighteen of this code, in the amounts and for the time periods set forth in subsection (b) of this section. For the purposes of this section, "new teacher" means a person who:
(1) Is employed by a county board as a classroom teacher, as that term is defined by section one, article one, chapter eighteen-a of this code, but is not employed until after the effective date of this section;
(2) Has never been employed as a classroom teacher, as that term is defined by section one, article one, chapter eighteen-a of this code, in this state or in any other state prior to his or her current employment with the county board; and
(3) Has not qualified for the tax credit for the entire eight years pursuant to subsection (b) of this section.
(b) Amount of credit. -- For the first three years of employment by a new teacher in a critical needs area, the tax credit is $1000 per tax year. For the fourth through the eighth years of employment by a new teacher in a critical needs area, the tax credit is $500 per tax year. The tax credit shall become available to a new teacher in a critical needs area beginning in the first tax year in which the new teacher in a critical needs area has completed one full academic year of employment on a full- time basis, without regard to whether the new teacher in a critical needs area was employed under a twelve month contract, a ten month contract or a contract for some other time period.
(c) Legislative rule. -- The Tax Commissioner shall propose a legislative rule for promulgation as provided in article three, chapter twenty-nine-a of this code to explain and implement this section.
(d) Excess credit forfeited; carryforward and carryback prohibited.
(1) The tax credit allowed under this article is nonrefundable. If the tax credit allowed under this article in any taxable year exceeds the tax imposed under article twenty-one of this chapter for that taxable year on wages paid to the new teacher in a critical needs area of education, the excess credit is forfeited.
(2) No carryback to a prior taxable year or carryforward to a succeeding taxable year is allowed for any unused portion of the annual credit.
CHAPTER 18. EDUCATION.

CHAPTER 18. EDUCATION.
ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-19. Tax credits for new teachers in critical needs areas; and definition.

(a) New teachers hired to teach in critical needs areas are entitled to receive credit against their state personal income tax liability pursuant to article thirteen-z, chapter eleven of this code.
(b) On or before July 1, 2009, the state board shall develop and approve a definition of "critical needs areas" and communicate the definition to the State Tax Department for use in determining which new teachers are eligible for the tax credit. The definition shall identify shortage areas in both subject matter and geographic area as "critical needs areas".
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