The Secretary of
Revenue is appointed by the Governor, by and with the advice and consent of the
Senate, to serve, at the will and pleasure of the Governor, for the term for
which the Governor is elected and until a successor has been appointed and has
qualified. The Secretary’s salary is set by statute.
The
Department of Revenue, previously known as the Department of Tax and Revenue,
was created by the 1989 Legislature, which combined the following departments
and agencies under the leadership of the Secretary of Tax and Revenue: Alcohol
Beverage Control Commissioner, Division of Banking, Board of Banking and
Financial Institutions, Lending and Credit Rate Board, Insurance Commissioner,
State Lottery, Racing Commission, and State Tax Department. The department
began operations on July 1, 1989.
On June 11,
2004, legislation took effect reorganizing the Department and changing its name
to the Department of Revenue. This legislation clarified the powers and duties
of the Secretary. The Secretary is now also the director of the State budget
and an ex officio member of the Council for Finance and Administration. The
State Budget Office was moved from the Department of Administration to the
Department of Revenue. Additionally, the legislation makes the State Athletic
Commission and the Municipal Bond Commission part of the Department of Revenue.
The
Department, through the Alcohol Beverage Control Administration, licenses
manufacturers and sellers of beer, wine and liquor in this State and regulates
the sale of these products. The Alcohol Beverage Control Commissioner also
operates the State liquor warehouse.
The
Department, through the Division of Banking, regulates and supervises
State-chartered banks and credit unions, regulated consumer lenders,
residential mortgage lenders and brokers, money transmitters, and other
financial institutions, which by statute are under the jurisdiction of the
Banking Commissioner.
The
Department, through the Insurance Commissioner, collects insurance premiums
taxes and regulates and oversees the insurance industry within the State,
including hospital service corporations, dental service corporations, medical
service corporations, other health service corporations, health maintenance
organizations, workers compensation old fund and other entities, which by
statute are under the jurisdiction of the Insurance Commissioner.
The
Department, through the Lottery Commission and State Lottery Office, operates
the State lottery, including instant, online, racetrack video lottery,
racetrack table games and limited video lottery games.
The Department, through the Municipal Bond Commission, serves as fiscal agent
for all issuers of general obligation bonds issued by West Virginia counties,
county boards of education and municipalities and by other government entities
when the commission is specifically named as the fiscal agent by statute.
The
Department, through the Office of Tax Appeals, hears contested tax cases from
the State Tax Department.
The
Department, through the State Athletic Commission, regulates all amateur,
professional and semiprofessional boxing, sparing matches and exhibitions
conducted or held in this State by any person. “Boxing” is broadly defined.
The Secretary
of Revenue is director of the State budget and under supervision of the
Governor, through the State Budget Office, prepares the Governors annual budget
for State departments, agencies, boards, commissions and offices, including
State operated institutions of higher education. The State Budget Office
administers the budget after it is passed by the Legislature.
The
Department, through the State Tax Department, administers, collects and
enforces various State taxes including the beer barrel tax, the business and
occupation tax, the business franchise tax, the cigarette tax, the consumers
sales and service tax, the corporation license tax, the corporation net income
tax, the estate tax, the gasoline and special fuels taxes, the health care
provider taxes, the motor carrier road tax, the personal income tax, the
severance tax, the soft drinks tax, the telecommunication tax, and the wine
liter tax. The State Tax Department also appraises industrial and natural
resource properties throughout the State for ad valorem property tax purposes,
supervises the work of county assessors, prepares for the Board of Public Works
tentative ad valorem property tax assessments for all public utilities
operating within the State, and issues permits for and regulates charitable
bingo occasions and charitable raffles held in the State.
The
Department, through the West Virginia Racing Commission, regulates greyhound
and horse racing and pari-mutuel wagering at the State's four pari-mutuel
racetracks. The Racing Commission also regulates the sending and receiving of
simulcast races in this State and pari-mutuel wagering in this State on those
simulcast races, as well as the thoroughbred and greyhound breeding development
funds. (Code 11B-1-2)