Oct. 9, 2010
Women Voters Forum: No Candidate for House of Delegates Supports Huntington Occupation Tax
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By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – None of the candidates participating in the League of Women Voters forum Thursday night at the Junior League favor Huntington’s proposed occupation tax. Several do support the Home Rule concept and certain implemented projects, such as clearing out burnt out housing, but not the Tax Reform Plan advanced by the city.
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The Cabell County Commission has stated that they will seek an injunction to prevent collection of the tax and challenge its constitutionality, if the state Home Rule board ratifies the city’s request.
Speaking to HNN after the forum, Cabell County Commissioner Scott Bias affirmed that the constitutional challenge will go forward, even if the state home rule board approves the package in November. In addition Del, Jim Morgan, a nonvoting member of the state home rule board, opined that once the city satisfactorily meets the requested criteria, “the board does not have the authority to say ‘yes you can’ or ‘no you can’t.”
Instead, Del. Morgan believes a favorable legal opinion from Huntington’s newly retained constitutional expert, WVU law professor, Robert Bastress , will lead to the Board “moving ahead. That’s what the Home Rule Board was looking for.”
Based on Morgan’s prediction of the board’s action, the Cabell County Commission and “other groups” will be joining the challenge after the board approves the plan.
Bias stressed the inequities at the form. “One [oerson] pays, the other does not,” he stated referring a neighbor on the left would pay and one to the right would not. The occupation tax proposal would be imposed on that portion of income earned within the city limits of Huntington.
Although County Commission candidate Anne Morton Yon questioned spending about $100,000 of taxpayer money on the suit, she agreed with opposition to the tax and the people needing a representative to challenge the proposed law. Ms. Yon spoke of improving the relationship between cities and counties, cautioning that “meeting in court” will not advance that goal.
REFERENDUM?
Del. Kelli Sobonya, a member of the House Judiciary Committee, still suggests that the cherry picking pilot Home Rule program itself fails constitutional muster by not granting similar powers to all municipalities. She suggested that municipalities prior to adopting home rule hold referendums so citizens can vote on the decision.
“Any future proposal that the Legislature considers would withstand [a] constitutional challenge, then, municipalities that want that flexibility [should] put it before the voters. That way it’s up to the city to sell the idea to the people,” Sobonya said, adding, “Whatever the city wants to do with the revenue, the onus would be on the city to get the referendum passed.”
ENFORCEMENT
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Complicating the inequities already expressed, delegates and candidates both mentioned the ease of possible accounting dishonesty or manipulations.
Candidate Patrick Lucas asked, “How are they going to police selling homes in Huntington?” He , then, emphatically stated that if elected he would vote “not to extend” the pilot program, echoing the now familiar “taxation without representation” mantra. Lucas is running for the House in District 15.
Del. Sobonya recalled the “up in arms, pitchfork, marches on City Hall” attitudes of the people. “I’m a real estate agent with offices in Barboursville , and I received a letter stating if I happened to sell in Huntington, I would have to keep extra records That’s an extra burden on me, and, I don’t know how you would police that. I don’t know how [they] determine you sold two houses in Huntington and ten houses in the county.”
Analyzing the added economic burdens of the occupation tax, Sobonya stated, “[the taxpayers[ can’t afford it. We have the poorest population in the country. I don’t know where our families are going to come up with that money.”
Several candidates made it simple, Del. Kevin Craig , for example, stated, “we don’t need to raise taxes.”
Del. Carol Miller, also an opponent of the pilot program, described Huntington’s proposals through an analogy to the play, “Little Shop of Horrors.” She compared the occupation tax proposal by Huntington to the “Audrey II” plant in the production that continually demands, “FEED ME.”
OTHER COMMENTS
During the discussion of House of Delegate candidates, Franklin Douglas, an iron worker and first time candidate, framed his opposition more succulently complaining “that we are paying the government to eat.” He decried the addition of new taxes imposed during a “recession bordering on a depression.”
Del. Jim Morgan, a supporter of the innovative steps taken by the four pilot home rule series, revealed that Huntington had been “urged not to take up taxes. I think they have overstepped” the authority. Referring to the WV Municipal League , which had also cautioned pilot cities to avoid taxation ordinances at this point, the delegate stated, “Huntington did not agree and got themselves in trouble, I think, The tax [issue] left people with the idea that the entire Home Rule [concept] is bad. Wheeling, Charleston, Bridgeport and Huntington have all done good things. The Huntington taxation [ordinance] may not be a thing we need to do now,” Morgan said.
Finally, Del. Doug Reynolds accepted the overwhelming public will against the occupation tax. However, he had the straight-forwardness to remind of unfunded mandates and prior unfunded promises. He asked, “If not an occupation tax or a B & O tax, we [still] have to pay [someway]”
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Women Voters Forum: No Candidate for House of Delegates Supports Huntington Occupation Tax
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – None of the candidates participating in the League of Women Voters forum Thursday night at the Junior League favor Huntington’s proposed occupation tax. Several do support the Home Rule concept and certain implemented projects, such as clearing out burnt out housing, but not the Tax Reform Plan advanced by the city.
The Cabell County Commission has stated that they will seek an injunction to prevent collection of the tax and challenge its constitutionality, if the state Home Rule board ratifies the city’s request.
Speaking to HNN after the forum, Cabell County Commissioner Scott Bias affirmed that the constitutional challenge will go forward, even if the state home rule board approves the package in November. In addition Del, Jim Morgan, a nonvoting member of the state home rule board, opined that once the city satisfactorily meets the requested criteria, “the board does not have the authority to say ‘yes you can’ or ‘no you can’t.”
Instead, Del. Morgan believes a favorable legal opinion from Huntington’s newly retained constitutional expert, WVU law professor, Robert Bastress , will lead to the Board “moving ahead. That’s what the Home Rule Board was looking for.”
Based on Morgan’s prediction of the board’s action, the Cabell County Commission and “other groups” will be joining the challenge after the board approves the plan.
Bias stressed the inequities at the form. “One [oerson] pays, the other does not,” he stated referring a neighbor on the left would pay and one to the right would not. The occupation tax proposal would be imposed on that portion of income earned within the city limits of Huntington.
Although County Commission candidate Anne Morton Yon questioned spending about $100,000 of taxpayer money on the suit, she agreed with opposition to the tax and the people needing a representative to challenge the proposed law. Ms. Yon spoke of improving the relationship between cities and counties, cautioning that “meeting in court” will not advance that goal.
REFERENDUM?
Del. Kelli Sobonya, a member of the House Judiciary Committee, still suggests that the cherry picking pilot Home Rule program itself fails constitutional muster by not granting similar powers to all municipalities. She suggested that municipalities prior to adopting home rule hold referendums so citizens can vote on the decision.
“Any future proposal that the Legislature considers would withstand [a] constitutional challenge, then, municipalities that want that flexibility [should] put it before the voters. That way it’s up to the city to sell the idea to the people,” Sobonya said, adding, “Whatever the city wants to do with the revenue, the onus would be on the city to get the referendum passed.”
ENFORCEMENT
Complicating the inequities already expressed, delegates and candidates both mentioned the ease of possible accounting dishonesty or manipulations.
Candidate Patrick Lucas asked, “How are they going to police selling homes in Huntington?” He , then, emphatically stated that if elected he would vote “not to extend” the pilot program, echoing the now familiar “taxation without representation” mantra. Lucas is running for the House in District 15.
Del. Sobonya recalled the “up in arms, pitchfork, marches on City Hall” attitudes of the people. “I’m a real estate agent with offices in Barboursville , and I received a letter stating if I happened to sell in Huntington, I would have to keep extra records That’s an extra burden on me, and, I don’t know how you would police that. I don’t know how [they] determine you sold two houses in Huntington and ten houses in the county.”
Analyzing the added economic burdens of the occupation tax, Sobonya stated, “[the taxpayers[ can’t afford it. We have the poorest population in the country. I don’t know where our families are going to come up with that money.”
Several candidates made it simple, Del. Kevin Craig , for example, stated, “we don’t need to raise taxes.”
Del. Carol Miller, also an opponent of the pilot program, described Huntington’s proposals through an analogy to the play, “Little Shop of Horrors.” She compared the occupation tax proposal by Huntington to the “Audrey II” plant in the production that continually demands, “FEED ME.”
OTHER COMMENTS
During the discussion of House of Delegate candidates, Franklin Douglas, an iron worker and first time candidate, framed his opposition more succulently complaining “that we are paying the government to eat.” He decried the addition of new taxes imposed during a “recession bordering on a depression.”
Del. Jim Morgan, a supporter of the innovative steps taken by the four pilot home rule series, revealed that Huntington had been “urged not to take up taxes. I think they have overstepped” the authority. Referring to the WV Municipal League , which had also cautioned pilot cities to avoid taxation ordinances at this point, the delegate stated, “Huntington did not agree and got themselves in trouble, I think, The tax [issue] left people with the idea that the entire Home Rule [concept] is bad. Wheeling, Charleston, Bridgeport and Huntington have all done good things. The Huntington taxation [ordinance] may not be a thing we need to do now,” Morgan said.
Finally, Del. Doug Reynolds accepted the overwhelming public will against the occupation tax. However, he had the straight-forwardness to remind of unfunded mandates and prior unfunded promises. He asked, “If not an occupation tax or a B & O tax, we [still] have to pay [someway]”
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