Legislative Session 2012 is over. As anticipated in presidential election years, and with a lagging economy, the session was a little slow and the legislation actually passed, was somewhat sparse for counties. Approaching our proposed 2012 agenda with these things in mind, CCAWV kept our priorities to a minimum. Our game plan was to look for new revenue sources, but above all, protect the current county resources and programs from erosion. In this context, I think we had a successful session. Several negative bullets were dodged and a few good things succeeded passage. Some good things, as in all sessions, were lost along the way.
We were very pleased that SB 487 passed. This bill broadens the definition of “economic development authority” so that all qualifying counties will have access to their share of coalbed methane severance taxes. Some county’s shares have been on hold in the Treasurer’s office for tax years 2009, 2010, and 2011. We were also pleased for passage of SB 362 that authorizes the issuance of $52.5 million in bonds for capital improvements for Cacapon Resort State Park (Morgan County) and Beech Fork State Park (Wayne County). Congratulations to the Morgan and Wayne County Commissioners on their diligent efforts! The debt service on these bonds will be paid from an additional allocation from the State Excess Lottery Revenue Fund.
On the other hand, we were disappointed to lose SB 468 - the bill to allow the Courthouse Facilities Improvement Authority to issue bonds, thereby providing more grant dollars for county courthouse repair. And also SB 526 – a bill that would have granted permissive authority to county commissions to impose an additional transfer tax for dedication to regional jails and drug treatment programs. Both bills died in House Finance in the final days of the session.
I was told a long time ago that, the true measure of a successful session is often more about what did not pass, rather than just those bills that did. Here are a couple of bills we were glad to see a little more study on, before being passed into law:
House Joint Resolution 113 – the “county option” homestead exemption amendment. While it appeared to be county discretion for increasing the amount of homestead exemption in each individual county, as written, it actually gave final authority to the legislature to make that decision. Died in the Senate.
SB 417 – Establishing right to disposition of deceased’s remains – one version of this bill left county commissions sorting out who would have the right to dispose of deceased’s remains. Died in the House.
SB 4068 – Providing that antique motor vehicles be valued at their salvage value for personal property tax purposes – Salvage value is an end-run around the constitution for giving a property tax exemption and amounts to a loss in county tax dollars. This bill actually passed the legislature, but was VETOED by the Governor.
HB 4488 – Reforming, altering, or modifying a county commission – this bill would have added “election by magisterial district, rather than county-wide” to the different types of county government that could be chosen. We had concerns that election by magisterial district could further divide county commission decision-making techniques. Died in the Senate.
HB 4547 – Creating the WV Innovation Free-Trade Business Technology Property Valuation Act and the WV Innovation Free-Trade Tax Credit Act – This bill is another erosion of county property taxes in the name of attracting business. Died in the Senate.
The legislature passed 214 bills and the Governor VETOED nine of those. Of the 205 bills signed by the Governor into law I have summarized twenty-five that have county interest and/or impact, in the following pages.
If there is a bill you’d like to know more about that I have not included, just give me a call.
