2012 Kanawha County Commission Legislative Agenda

The 2012 Legislative Agenda represents the Kanawha County Commission’s legislative priorities and goals for the 2012 Session of the 80^th West Virginia Legislature. The Legislative Agenda is a compilation of important issues the County Commission believes need to be addressed to improve not only the quality of life for citizens of Kanawha County, but also to protect the financial integrity of Kanawha County.

On behalf of Kanawha County and its citizens, we respectfully request the West Virginia Legislature’s support on the following issues:

Cap Property Tax Increases

We support legislation to cap property tax increases at 10 percent. This cap should only apply to reappraisals of existing property, not new construction.

County’s Capacity to Deduct from Levying Body’s Distribution.

We support legislation to enable counties to deduct the cost of collection of delinquent taxes from the distribution to levying bodies. This would fairly divide the cost of this special effort between all groups who would share in this additional revenue. Example: This would provide the County Commission with the authority to deduct from the distribution to the Board of Education and the municipalities the additional costs incurred to attempt to collection delinquent taxes which would otherwise be uncollected.

Cap Public Employees Retirement System Employer Contribution Rate

Prior to 2005, the Public Employees Retirement System (PERS) employer contribution rate was capped at 10.5 percent per WV Code §5-10-31. During the 2005 Legislative Session, an amendment to House Bill 2984 removed the 10.5 percent cap and gave the Consolidated Public Retirement Board (CPRB) sole authority to raise employer contributions to PERS. Currently, the employer contribution rate is 14.5 percent and will increase to 17.5 percent beginning July 2012, and 19.5 percent beginning July 2013. These proposed increases in the employer contribution rate significantly impacts State and County budgets and we believe any increase should require legislative action. Therefore, we support the reinstatement of a cap of 14.5 percent in code, and removal of authority of the CPRB to authorize increases in employer contribution rate.

Narrowband Compliance Fund

The Federal Communications Commission passed an unfunded mandate requiring all public safety radio users utilizing wideband to convert to narrowband by January 1, 2013. Complying with the narrowband mandate will be financially difficult for local governments, therefore we request a supplemental appropriation to help offset the cost.

Filling Vacancies in County Constitutional Offices

We support legislation to authorize the County Commission to appoint a temporary successor if a vacancy occurs in offices of Clerk of the County Commission, Clerk of the Circuit Court, Prosecuting Attorney, Sheriff, Assessor and Surveyor. A temporary successor would serve no more than thirty days from date of vacancy.

Simple Majority Amendment

We support a Constitutional amendment that would allow for a simple majority for passage of local government levies rather than current the requirement of a 60 percent “super majority” for passage.

Property Transfer Taxes

Property transfer taxes are collected and accounted for by the County Clerk. Counties are required to send fifty percent of property transfer taxes collected to the State. We support legislation to allow counties to retain that portion of transfer taxes over a five year incremental phase-in. This is not an increase to the taxpayer.

Elections - Canvass and Recount Count Procedures

During canvass and any requested recount, at least five percent of the precincts must be chosen at random and counted manually. We support legislation permitting the precincts chosen at random to be counted manually, but omitting those offices where there is only one candidate on the ballot.

Elections - Write-in Votes

We support legislation requiring the space designated for write-in votes to include a circular space (bubble) that must be filled-in when a casting a vote for a write-in candidate.

Precinct Consolidation

We support legislation to permit an increased number of voters allowed in a single precinct from 1,500 to 2,500 in urban areas, and from 700 to 1,000 in rural areas.