Oct. 8, 2010
Huntington Mayor Adds WV Constitutional Law Expert to Home Rule Team
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Facing imminent challenge of the proposed occupation tax, Mayor Kim Wolfe told HNN Tuesday afternoon that special counsel had been obtained. Robert Bastress, a WVU law professor and expert on the WV Constitution, will prepare the response for the State Home Rule Board.
Wolfe said that Prof. Bastress currently has about two weeks remaining on a current “expert” project. After that he will begin working on the city’s response to the Home Rule Board.
On September 24 the board asked that the city provide certification that the Occupation Tax is constitutional and a more in-depth study of the Municipal sales tax.
Originally, a quick response had been predicted, but , after reviewing the request, the administration determined that Bastress’ perspective would be best deemed to meet the board’s request.
The certification that the Occupation Tax is constitutional will be a matter of legal opinion, though. Still, Bastress has penned articles on Home Rule for the West Virginia University law review. He spoke this week on a local radio talk show, too.
Wolfe said the city has not yet asked for a specific date for reconvening the Home Rule Board to consider the to be prepared documents.
Following the Home Rule Board meeting, member and Del. Jim Morgan expressed concern that all the pilot program’s accomplishments could be jeopardized in a court case over the occupation tax. The Cabell County Commission has stated they will challenge both the constitutionality of the pilot program and the constitutionality of the tax.
Bastress authored, “The West Virginia State Constitution : A Reference Guide,” and in a Wheeling newspaper interview stated a city could gain authority to impose personal and corporate income taxes, sales taxes, production taxes, consumption taxes, property transfer taxes, property registration taxes, and a tax for driving on city streets. ( He apparently relies on the authority of the legislature and the home rule board in allowance of these taxes.)
The newspaper put it more succinctly: “A city income tax. A city sales tax. A production tax. A consumption tax. Property registration taxes. Limited video lottery machine taxes. A tax for driving on city streets.”
Professor Bastress said cities would NOT be able to assess property taxes in any way, as they are set by the state Constitution; alter federal or state environmental regulations; legalize controlled substances such as marijuana, cocaine, heroin or LSD; alter the state’s court system; or create defined contribution employee pension plans for employees currently covered by defined benefit plans.
Having the constitutional expert on board could be deemed enough for expedient passage by the home rule board, but the expert himself has in previous legal writings stated the West Virginia Supreme Court of Appeals is “persistently hostile to local powers under a legislative home rule provision.”
For details from this article, click: http://archives.huntingtonnews.net/local/100802-rutherford-localnewtaxes.html
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Huntington Mayor Adds WV Constitutional Law Expert to Home Rule Team
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Facing imminent challenge of the proposed occupation tax, Mayor Kim Wolfe told HNN Tuesday afternoon that special counsel had been obtained. Robert Bastress, a WVU law professor and expert on the WV Constitution, will prepare the response for the State Home Rule Board.
Wolfe said that Prof. Bastress currently has about two weeks remaining on a current “expert” project. After that he will begin working on the city’s response to the Home Rule Board.
On September 24 the board asked that the city provide certification that the Occupation Tax is constitutional and a more in-depth study of the Municipal sales tax.
Originally, a quick response had been predicted, but , after reviewing the request, the administration determined that Bastress’ perspective would be best deemed to meet the board’s request.
The certification that the Occupation Tax is constitutional will be a matter of legal opinion, though. Still, Bastress has penned articles on Home Rule for the West Virginia University law review. He spoke this week on a local radio talk show, too.
Wolfe said the city has not yet asked for a specific date for reconvening the Home Rule Board to consider the to be prepared documents.
Following the Home Rule Board meeting, member and Del. Jim Morgan expressed concern that all the pilot program’s accomplishments could be jeopardized in a court case over the occupation tax. The Cabell County Commission has stated they will challenge both the constitutionality of the pilot program and the constitutionality of the tax.
Bastress authored, “The West Virginia State Constitution : A Reference Guide,” and in a Wheeling newspaper interview stated a city could gain authority to impose personal and corporate income taxes, sales taxes, production taxes, consumption taxes, property transfer taxes, property registration taxes, and a tax for driving on city streets. ( He apparently relies on the authority of the legislature and the home rule board in allowance of these taxes.)
The newspaper put it more succinctly: “A city income tax. A city sales tax. A production tax. A consumption tax. Property registration taxes. Limited video lottery machine taxes. A tax for driving on city streets.”
Professor Bastress said cities would NOT be able to assess property taxes in any way, as they are set by the state Constitution; alter federal or state environmental regulations; legalize controlled substances such as marijuana, cocaine, heroin or LSD; alter the state’s court system; or create defined contribution employee pension plans for employees currently covered by defined benefit plans.
Having the constitutional expert on board could be deemed enough for expedient passage by the home rule board, but the expert himself has in previous legal writings stated the West Virginia Supreme Court of Appeals is “persistently hostile to local powers under a legislative home rule provision.”
For details from this article, click: http://archives.huntingtonnews.net/local/100802-rutherford-localnewtaxes.html
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