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SB273 SUB1 Senate Bill 273 History

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SB273 SUB1
COMMITTEE SUBSTITUTE

FOR


Senate Bill No. 273

(By Senators Unger, Chafin, Foster and Plymale)

____________

[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 §11-13Z-2; and to amend said code by adding thereto a new section, designated §18B-10-7c, all relating generally to incentives for the general educational development credential; tax credit for certain employers allowing an employee at least five hours per week of paid release time to study for the general educational development test; and tuition waivers for certain students who have earned a general educational development credential within the last year.

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 §11-13Z-2; and that said code be amended by adding thereto a new section, designated §18B-10-7c, all to read as follows:
CHAPTER 11. TAXATION.

ARTICLE 13Z. GED ASSISTANCE INCENTIVE TAX CREDIT.
§11-13Z-1. Credit allowed; amount of credit; effective date.

(a) There shall be allowed to eligible taxpayers a credit against the taxes imposed in articles twenty-one, twenty-three and twenty-four of this chapter. For the purposes of this article, "eligible taxpayer" means a person, firm, partnership, corporation or other entity who enters into a learning contract with an employee as required for the tuition discount provided in section seven-c, article ten, chapter eighteen-b and who allows an employee a minimum of five hours per week paid release time to study for the General Educational Development test. This credit shall be in an amount equal to half of the employee's hourly salary for release time, up to a maximum of $1,250 per learning contracted employee per tax year. If an eligible taxpayer enters into a learning contract with more than one employee and allows those learning contracted employees a minimum of five hours per week paid release time to study for the General Education Development test, the credit allowed shall be multiplied by the number of such employees.
(b) The credit set forth in this article shall apply to personal income tax liabilities, corporation net income tax liabilities and business franchise tax liabilities for tax years beginning after December 31, 2009.
§11-13Z-2. Application of credit; authorization to promulgate legislative rule; notice of credit.


(a) Business franchise tax. The credit allowed under this article shall first be applied to reduce the taxes of the eligible taxpayer imposed by article twenty-three of this chapter for the taxable year (determined after application of the credits against tax provided in section seventeen, article twenty-three of this chapter, but before application of any other allowable credits against tax).
(b) Corporation net income taxes. After application of subsections (a) of this section, any unused credit is next applied to reduce the taxes of the eligible taxpayer imposed by article twenty-four of this chapter for the taxable year (determined before application of allowable credits against tax).
(c) Personal income taxes.
(1) If the eligible taxpayer is an electing small business corporation (as defined in section 1361 of the United States Internal Revenue Code of 1986, as amended), a partnership, a limited liability company that is treated as a partnership for federal income tax purposes or a sole proprietorship, then any unused credit (after application of subsections (a) of this section and (b) if applicable, of this section), is allowed as a credit against the taxes imposed by article twenty-one of this chapter on the pass through income of partners, owners or interest holders from business or other activity of the eligible taxpayer or on income of a sole propiretor that is an eligible taxpayer, attributable to the business.
(2) Electing small business corporations, limited liability companies, partnerships and other unincorporated organizations shall allocate the credit allowed by this article among its members in the same manner as profits and losses are allocated for the taxable year.
(3) No credit is allowed under this section against any employer withholding taxes imposed by article twenty-one of this chapter.
(d) Unused credit. The credit allowed pursuant to this article is non-refundable. If any credit remains after application of subsections (a), (b) and (c) of this section in any tax year, the remaining credit is forfeited and shall not be carried back to a prior tax year and shall not be carried forward to a subsequent tax year.
(e) The State Tax Commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code regarding the applicability, method of claiming of the credit, recapture of the credit and documentation necessary to claim the credit allowed pursuant to this article.
(f) The State Tax Commissioner may develop a written notice setting forth the availability of this credit and transmit this notice to employers in the state.
CHAPTER 18B. HIGHER EDUCATION.

ARTICLE 10. FEES AND OTHER MONEY COLLECTED AT INSTITUTIONS OF HIGHER EDUCATION.

§18B-10-7c. Tuition waivers for full-time employees who have earned their GED.

(a) The governing boards shall make provision for institutions under their respective jurisdictions to award a tuition waiver for undergraduate courses at state institutions of higher education for eligible students, beginning with incoming freshmen in the fall, 2009, semester or term. For purposes of this section an eligible student is a person who: (1) Has been out of secondary school for at least three years; (2) has entered into a learning contract with an adult education program and their employer and completed the learning contract; and (3) has earned a General Educational Development credential within the preceding one-year period.
(b) The waiver provided in this section shall be in the amount of $250 per semester for a maximum of four semesters.
(c) Any award under this section is in addition to the number of fee waivers permitted in sections five and six of this article for undergraduate, graduate and professional schools.
(d) A student who is enrolled in an institution of higher education as of the effective date of this section is not eligible for a tuition waiver under the provisions of this section.
(e) Documentation of the learning contract required by this section shall be maintained by the adult education program. The adult education program shall submit a copy of the learning contract within ten days of its execution to the employee, the employer and the West Virginia Department of Education. The adult education program shall retain the original contract for three years following the employee's completion of the program. The adult education program shall submit monthly attendance records to the West Virginia Department of Education and the employer.
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