July 27, 2010
KELLI SOBONYA: Legislator Believes Pilot Home Rule Program Violates Constitution
Huntington Rushing Occupation Tax to Passage; Public Opposition not Taken Seriously
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Following the Monday night Huntington City Council meeting, HNN had the opportunity to speak with Del. Kelli Sobonya. She attended the council meeting. She believes, like Del. Carol Miller, that the pilot home rule program violates the WV Constitution.
HNN: Since you feel the occupation type tax is unconstitutional, what relief could you foresee for municipalities?
KELLI SOBONYA: “The cities are strapped by our Constitution and the legislature in their ability to fund local government. I would like to see the legislature and members of city council from all counties sit down and look at state tax structure that might benefit municipalities. We could look at a piggy back tax . You have a six percent sales tax for the State of WV, allowing the city’s to capture , maybe one percent. It would be revenue neutral. A municipality would be able to keep a portion of it locally, instead of the state taking the full six percent.
Is the state on solid footing that we would be able to live without that one percent? I would suggest that we have had a surplus for many years in a row. That is the tax payers money. It’s not Charleston’s money or the State of West Virginia’s money. We need to look at a long term solution as opposed to rushing through these taxation policies which will end in a few years.
My concern since this is a temporary taxation is if they are putting it in the general [fund] and they are going to rely on that revenue, what’s going to happen when it disappears?”
UNANSWERED QUESTIONS
Agreeing that many unanswered questions have surfaced in the move to tax reform by considering the occupation tax, Sobonya stated, “There have been so many questions that surfaced that I think we need to take a better look at the entire package and see how it would effect this community.
“Why in the world would someone want to increase a tax when we are in a recession period for our nation and our state. We have had unemployment go from three or four percent to ten percent. People are laid off; they cannot make their family budget. Yet, we are looking at further over burdening our citizens. I don’t think it’s a wise decision to make, but it’s not my decision. City council is elected just like the legislature , and they will have to be held accountable for what they do and don’t do as well as I am accountable as well.”
HNN: One home rule proponent stated that success of the program would not be measured in the number of ordinances passed but balanced by public involvement. Would you agree Huntington’s series of occupation hearings and work on the tax has demonstrated a solid effort, even if the tax were to be voted down?
Sobonya: The public has really not had a voice in the debate; their voice is not being heard. Overwhelmingly, poll after poll, and the people that turn out are speaking out against it. I do not think the public is being taken seriously. I don’t think the public input is there when the Senate amended out the portion of the Home Rule bill that … would have allowed the public to have an election on any taxation. I guess at the election [voters] will have their say as to whether they like this or not.
HNN: If the voting aspect had not been dropped, would you have supported the Home Rule Pilot program?
Sobonya: I could not have supported that particular legislation. I feel like the entire bill is unconstitutional. Everything we do has to stay within the Constitution. I have been criticized on the firing bill and the table games bill. It’s not unconstitutional unless a court deems it.
But every time, I am sworn in, after every election, [I affirm] that I am going to defend the Constitution of the United States and the Constitution of West Virginia. If we are going to leave it up to the courts to determine whether something is constitutional or unconstitutional, why do I have to take that oath? If they are leaving it up to the courts, then, [why do] we as legislators and policymakers on any level take oath?
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KELLI SOBONYA: Legislator Believes Pilot Home Rule Program Violates Constitution
Huntington Rushing Occupation Tax to Passage; Public Opposition not Taken Seriously
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Following the Monday night Huntington City Council meeting, HNN had the opportunity to speak with Del. Kelli Sobonya. She attended the council meeting. She believes, like Del. Carol Miller, that the pilot home rule program violates the WV Constitution.
HNN: Since you feel the occupation type tax is unconstitutional, what relief could you foresee for municipalities?
KELLI SOBONYA: “The cities are strapped by our Constitution and the legislature in their ability to fund local government. I would like to see the legislature and members of city council from all counties sit down and look at state tax structure that might benefit municipalities. We could look at a piggy back tax . You have a six percent sales tax for the State of WV, allowing the city’s to capture , maybe one percent. It would be revenue neutral. A municipality would be able to keep a portion of it locally, instead of the state taking the full six percent.
Is the state on solid footing that we would be able to live without that one percent? I would suggest that we have had a surplus for many years in a row. That is the tax payers money. It’s not Charleston’s money or the State of West Virginia’s money. We need to look at a long term solution as opposed to rushing through these taxation policies which will end in a few years.
My concern since this is a temporary taxation is if they are putting it in the general [fund] and they are going to rely on that revenue, what’s going to happen when it disappears?”
UNANSWERED QUESTIONS
Agreeing that many unanswered questions have surfaced in the move to tax reform by considering the occupation tax, Sobonya stated, “There have been so many questions that surfaced that I think we need to take a better look at the entire package and see how it would effect this community.
“Why in the world would someone want to increase a tax when we are in a recession period for our nation and our state. We have had unemployment go from three or four percent to ten percent. People are laid off; they cannot make their family budget. Yet, we are looking at further over burdening our citizens. I don’t think it’s a wise decision to make, but it’s not my decision. City council is elected just like the legislature , and they will have to be held accountable for what they do and don’t do as well as I am accountable as well.”
HNN: One home rule proponent stated that success of the program would not be measured in the number of ordinances passed but balanced by public involvement. Would you agree Huntington’s series of occupation hearings and work on the tax has demonstrated a solid effort, even if the tax were to be voted down?
Sobonya: The public has really not had a voice in the debate; their voice is not being heard. Overwhelmingly, poll after poll, and the people that turn out are speaking out against it. I do not think the public is being taken seriously. I don’t think the public input is there when the Senate amended out the portion of the Home Rule bill that … would have allowed the public to have an election on any taxation. I guess at the election [voters] will have their say as to whether they like this or not.
HNN: If the voting aspect had not been dropped, would you have supported the Home Rule Pilot program?
Sobonya: I could not have supported that particular legislation. I feel like the entire bill is unconstitutional. Everything we do has to stay within the Constitution. I have been criticized on the firing bill and the table games bill. It’s not unconstitutional unless a court deems it.
But every time, I am sworn in, after every election, [I affirm] that I am going to defend the Constitution of the United States and the Constitution of West Virginia. If we are going to leave it up to the courts to determine whether something is constitutional or unconstitutional, why do I have to take that oath? If they are leaving it up to the courts, then, [why do] we as legislators and policymakers on any level take oath?
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