West Virginia 2018 Regular Session Status: Enacted

SB 263 — Eliminating film tax credits

Last action — Chapter 227, Acts, Regular Session, 2018

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House of Delegates
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 12, 2018. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

28 added · 36 removed

Plain-language change summary

The latest version of SB 263 has amended how film tax credits are handled in West Virginia and confirmed the closure of the West Virginia Film Office. Specifically, it clarifies that any tax credits already earned before a certain date can still be used by taxpayers, but no new credits will be awarded for expenses incurred after that date. This change is important because it affects how filmmakers and production companies plan their finances and operations in the state, ensuring they can still benefit from credits they have already qualified for while also signaling an end to new incentives.

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NEWS RELEASES HELPFUL LINKS Introduced Version « Senate Bill 263 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « Senate Bill 263 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia Legislature regular session Introduced Senate Bill 263 By Senators Carmichael (Mr.
Red = new code to be enacted WEST virginia Legislature regular session Enrolled Senate Bill 263 By Senators Carmichael (Mr.
President) And Prezioso [By Request of the Executive] [Introduced January 12, 2018;
President) And Prezioso [By Request of the Executive] [Passed January 26, 2018;
Referred to the Committee on Finance] A BILL to amend and reenact §11-13X-13 of the Code of West Virginia, 1931, as amended, relating to the elimination of film tax credits;
in effect from passage] AN ACT to amend and reenact §11-13X-13 of the Code of West Virginia, 1931, as amended, relating to the elimination of film tax credits;
(c) No tax credits authorized under this article shall be issued following the effective date of legislation establishing this subsection, subsection (d), and subsection (e) in the year 2018.
(c) No tax credits authorized under this article shall be issued following the effective date of legislation establishing this subsection, §11-13X-13(d), and §11-13X-13(e) of this code in the year 2018.
(d) Notwithstanding the provisions of subsection (c) of this section, film tax credits to which a taxpayer has gained lawful entitlement prior to the effective date of this subsection, may continue to be applied against tax liabilities, subject to the conditions, limitations, and constraints applicable to such credit under this article, until exhausted or otherwise terminated in accordance with the terms of this article and this code.
(d) Notwithstanding the provisions of §11-13X-13(c) of this code, film tax credits to which a taxpayer has gained lawful entitlement prior to the effective date of this subsection, may continue to be applied against tax liabilities, subject to the conditions, limitations, and constraints applicable to such credit under this article, until exhausted or otherwise terminated in accordance with the terms of this article and this code.
  NOTE:
The purpose of this bill is to provide a date after which no further Film Tax Credits will be issued, while allowing tax credits issued prior to a certain date to be grandfathered, and winding up the operations of the WV Film Office.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
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Action History

  1. Chapter 227, Acts, Regular Session, 2018

  2. Approved by Governor 1/29/18 - House Journal

  3. Approved by Governor 1/29/18 - Senate Journal

  4. To Governor 1/29/18 - House Journal

  5. To Governor 1/29/18 - Senate Journal

  6. Approved by Governor 1/29/18

  7. To Governor 1/29/18

  8. House Message received

  9. Completed legislative action

  10. Communicated to Senate

  11. Effective from passage (Roll No. 18)

  12. Passed House (Roll No. 17)

  13. Read 3rd time

  14. On 3rd reading, House Calendar

  15. Postponed on 3rd reading, House Calendar, until 1/26/18

  16. On 3rd reading, House Calendar

  17. Read 2nd time

  18. On 2nd reading, House Calendar

  19. Read 1st time

  20. Immediate consideration

  21. Reference dispensed

  22. Introduced in House

  23. Ordered to House

  24. Effective from passage (Roll No. 13)

  25. Passed Senate (Roll No. 13)

  26. Read 3rd time

  27. On 3rd reading

  28. Read 2nd time

  29. On 2nd reading

  30. Read 1st time

  31. On 1st reading

  32. Reported do pass

  33. To Finance

  34. Introduced in Senate

  35. To Finance

  36. Filed for introduction

Sponsors

  • Prezioso · Cosponsor
  • Carmichael · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 150 not signed on · 11 voted No

Sponsors (1)

  • Carmichael

Co-sponsors (1)

  • Prezioso

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

EFFECT FROM PASSAGE

Passed 70 Yea · 24 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 18403
Unaffiliated 511702
Democrat 1300
Total 702405
% of votes cast 71%24%0%5%
How each member voted (99)
Member Party Vote
Maynard — Yea
Blair — Yea
Nelson — Yea
Sypolt — Yea
Thompson — Yea
Walters — Yea
Phillips — Yea
Atkinson — Yea
Brewer — Not Voting
Byrd — Yea
Canestraro — Yea
Cowles — Yea
Deem — Yea
Ferro — Not Voting
Graves — Yea
Hamrick — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Miley — Yea
Overington — Yea
Pack — Yea
Paynter — Yea
Pethtel — Yea
Rowe — Yea
Shott — Yea
Storch — Yea
Summers — Yea
Upson — Yea
Wagner — Yea
Evans, A. — Yea
Lane — Yea
Romine, C. — Yea
Speaker Armstead — Yea
Foster — Yea
Romine, R. — Yea
Martin — Yea
Evans, E. — Nay
Diserio — Nay
Hartman — Nay
Bates — Nay
Boggs — Nay
Espinosa — Yea
Fast — Yea
Fleischauer — Nay
Folk — Nay
Frich — Yea
Iaquinta — Nay
Isner — Nay
Longstreth — Nay
Love — Nay
Lynch — Nay
Pyles — Nay
Robinson — Nay
Rowan — Yea
Sponaugle — Nay
Westfall — Yea
Ambler — Yea
Capito — Yea
Caputo — Nay
Higginbotham — Yea
Householder — Yea
Kessinger — Yea
Lovejoy — Yea
Marcum — Yea
Moye — Yea
Rodighiero — Nay
Sobonya — Yea
Wilson — Yea
John Williams Democrat Nay
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Not Voting
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Nay
Guy Ward Republican Yea
Jason Barrett Republican Nay
Jeff Campbell Republican Nay
Jeff Eldridge Republican Nay
Jim Butler Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Not Voting
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

PASSAGE

Passed 54 Yea · 42 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 15703
Unaffiliated 393100
Democrat 0400
Total 544203
% of votes cast 55%42%0%3%
How each member voted (99)
Member Party Vote
Maynard — Yea
Sypolt — Yea
Blair — Yea
Nelson — Yea
Thompson — Yea
Walters — Yea
Atkinson — Yea
Cowles — Yea
Hamrick — Yea
Higginbotham — Yea
Hill — Yea
Overington — Yea
Pack — Yea
Summers — Yea
Wagner — Yea
Phillips — Yea
Romine, C. — Yea
Speaker Armstead — Yea
Evans, A. — Yea
Romine, R. — Yea
Lane — Yea
Foster — Yea
Martin — Yea
Hartman — Nay
Diserio — Nay
Evans, E. — Nay
Bates — Nay
Boggs — Nay
Byrd — Nay
Canestraro — Nay
Capito — Nay
Caputo — Nay
Deem — Yea
Espinosa — Yea
Fast — Yea
Folk — Nay
Graves — Nay
Hicks — Nay
Householder — Yea
Isner — Nay
Longstreth — Nay
Love — Nay
Lovejoy — Nay
Lynch — Nay
Miley — Nay
Pethtel — Nay
Pyles — Nay
Rodighiero — Nay
Rowan — Yea
Shott — Yea
Sponaugle — Nay
Storch — Nay
Upson — Nay
Ambler — Yea
Brewer — Nay
Brewer — Nay
Fleischauer — Nay
Frich — Yea
Harshbarger — Yea
Hollen — Yea
Iaquinta — Nay
Kessinger — Yea
Marcum — Yea
Moye — Nay
Paynter — Yea
Robinson — Nay
Rowe — Nay
Sobonya — Yea
Westfall — Yea
Wilson — Yea
John Williams Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Ben Queen Republican Nay
Betsy Kelly Republican Not Voting
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Nay
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Nay
Guy Ward Republican Nay
Jason Barrett Republican Nay
Jeff Campbell Republican Nay
Jeff Eldridge Republican Nay
Jim Butler Republican Yea
Joe Ellington Republican Not Voting
Joe Statler Republican Yea
Lisa White Republican Not Voting
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 28 Yea · 2 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 3000
Unaffiliated 25203
Total 28203
% of votes cast 85%6%0%9%
How each member voted (33)
Member Party Vote
GAUNCH — Yea
RUCKER — Nay
BALDWIN — Yea
JEFFRIES — Yea
SMITH — Yea
BEACH — Not Voting
KARNES — Yea
STOLLINGS — Yea
BLAIR — Yea
MANN — Yea
SWOPE — Yea
BOLEY — Yea
MARONEY — Yea
SYPOLT — Yea
BOSO — Yea
MAYNARD — Yea
TAKUBO — Not Voting
OJEDA — Yea
TRUMP — Yea
CLINE — Yea
PALUMBO — Yea
UNGER — Yea
PLYMALE — Yea
WELD — Nay
FACEMIRE — Yea
PREZIOSO — Yea
WOELFEL — Yea
FERNS — Yea
ROMANO — Not Voting
MR PRESIDENT — Yea
Charles H. Clements Republican Yea
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

taxation
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Frequently asked questions

Who sponsors SB 263?
SB 263 is sponsored by Prezioso and Carmichael.
What is the current status of SB 263?
This bill has been enacted into law. Introduced January 12, 2018. Enacted.
Where can I track SB 263?
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