DEVELOPING: Loudly Protested Proposed Occ Tax Dead by a Whimper

Updated 5 years ago by Tony E. Rutherford, News Editor

A Huntington television station has reported that the proposed occupation tax has died through an expiration of authority.

The WV Legislature web site states that a performance review of the pilot program would begin July 1, 2012. According to WSAZ, the judge who heard the constitutional challenge complaint in Kanawha County made no ruling but the clock ran out on possible authorization.

See State Home Rule Code: http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=08&art=1&section=5A 

The pilot municipalities and/or metro governments selected to participate in the pilot program shall have the following powers:

(1) The authority to pass any ordinances, acts, resolutions, rules and regulations not contrary to the constitutions of the United States or West Virginia, federal law or chapters sixty-a, sixty-one and sixty-two of this code as specified in their written and approved plans: Provided, That the pilot municipalities may not adopt any ordinance, rule, regulation or resolution or take any action that would create a defined contribution employee pension or retirement plan for its employees currently covered by a defined benefit pensions plan; and

(2) Any other powers necessary to implement the provisions of its approved plan.

(k) Before the first day of July, two thousand twelve, the Joint Committee on Government and Finance shall conduct a performance review on the pilot program and the participating municipalities and/or metro governments. The review shall include the following:

(1) An evaluation of the effectiveness of expanded home rule on the participating municipalities and/or metro governments;

(2) A recommendation as to whether the expanded home rule should be continued, reduced, expanded or terminated;

(3) A recommendation as to whether any legislation is necessary; ...

ALSO SEE: From Interim Legislature Report:

"These and other policies home rule cities have implemented over the past few years are being reviewed, and that report will be submitted to the Legislature
before the end of the year, the municipal league executive director said.

http://www.legis.state.wv.us/Committees/Interims/int_highlights/Interim_...

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