By: Jennifer Britt
The Parsons Advocate
For the past 10 years the Commissioners of Tucker County have been working with several Delegates, Phillips, Sypolt, Jennings and Hott, to amend an already in place law by amending the bill. This amended bill would allow the Commission to impose an Amusement Tax. Commissioner Michael Rosenau explained it by saying “The law is already in effect; the County can impose but the Commission could not. The Commission is looking for the amendment to give the Commission a choice to impose the tax just like the cities.”
The proposed amendment for the Amusement Tax passed the Senate but failed in the House. To better explain the challenging work involved the Commissioners put forth the steps taken. The Commissioners were asked to answer a set of questions. These questions were to give the Commissioners a chance to tell their side of the story and the long journey they have been on to help the citizens of Tucker County.
First the Commissioners were asked: In your professional opinion how would the Amusement Tax benefit the citizens of Tucker County and EMS? The Commission was asked to explain the steps they took to submit the House Bill to the Senate and the House, and their personal experience with the process.
In a prepared statement Commissioner Lowell Moore had this to say:
“The Amusement tax bill (8-13-6) was passed in 1937 for Municipality Corporations to charge up to 2% on amusement, entertainment admission tickets. I have worked for the past 6 years with State Representatives to try to get this bill amended to include County Commissioners. County Commissioners would have the option to use or not to use this fee. Last year 2021, Senator Smith along with other Senators presented this bill to the Senate, however it died in the Senate Gov Org., committee. This year Senators Smith, Sypolt, Swope and Hamilton presented SB 64, this bill was strongly supported by Delegates Phillips, Sypolt, Jennings and Hott. The Tucker County Commissioners Mike Rosenau, Fred Davis and myself, traveled to Charleston on (3) separate occasions, we met with many Senators and Delegates to ask for support as we explained the critical need for financial support for our EMS and (4) Volunteer Fire Departments. We have worked tirelessly to get the bill passed, however it failed Saturday night in the House. Tucker County is 420 sq. miles which is 17 people per sq. mile, with a population of 6900 citizens. Tucker County is the second smallest populated County in the State of WV, 50% (plus) of the County is owned by the Federal and State Government, 31% of the County is taxed at a reduced rate, agriculture, managed timber and etc., 19% of the County is taxed at the full rate. Tourism is at the for front of economic development in our County and I welcome the Tourist to our County, Tucker County has approximately 1.1 million Tourist each year that our first responders provide service for when needed. I feel this is a fair charge for the services our County first responders provide. This fee would take some of the burden off of the Tucker County tax payers. If passed this money will go to the Tucker County EMS and (4) Volunteer Fire Departments. My term will end this year, I still plan to work towards the goal of getting this bill passed for the betterment of Tucker County.”
Commissioner Fred Davis responded to the questions by stating: “My main concern is the services it will continue to help provide to the citizens of our county. We hope that there would be enough funding for all emergency services (fire, EMS and law enforcement). The money would provide much needed funds for the continued operation of 2 EMS stations in Tucker County, which helps the citizens as well as the tourists. Without the funding, we might have to cut services and get rid of a station due to a lack of available funds. This will hurt our citizens and could hurt tourism. If you’re a tourist, you want to go somewhere where you know that if you get sick or hurt that there will be emergency services to help you.
There has been a bill circulated for years before I became a commissioner. There is currently State code on the books since 1939 that has this same tax for cities. All we want to do is add AND COUNTIES so that anything outside of city limits could be charged the same way. I went to our State Senators and Delegates and lobbied them to introduce a new bill again this year.
I spent hours calling, texting, and emailing senators and delegates. I met with Senate and House Committees in Charleston 3 times lobbying for the passage of the bill.”
Commissioner Rosenau went on record to say: “Currently we have approximately 6,800 residents trying to provide Emergency services to over 1,000,000 guests a year. The commission was asking for a 2% Amusement Tax for tickets sold. Which would be $2.00 for $100.00 spent on a ticket like ski lift ticket, tubing, sledding etc…this would help with the cost of running EMS. This fee would generate and estimated revenue of 260,000 to 300,000 a year. Currently the State of WV estimates the costs of running 1 ambulance 24 hours a day 7 days a week to be 510,000.
This bill was generated in the Senate. Randy Smith and David Sypolt worked very hard in getting it passed on the Senate Side. A Bill to get a tax put on amusement has been worked on for over 30 years in our county. This Bill was just a add on to an existing law that allows municipalities to charge this fee but does not mention County Commission. This law has been in effect for 80 years! After it passed the Senate, it was sent to the House and could not get out of committee. The chair of the finance committee would not put it on the agenda. That is just one way they avoid making decisions in Charleston. After Finance Chairman Householder did not put it on the committee agenda to be discussed and sent to the house floor. Senators Smith and Sypolt attached it to another Bill and sent it to the House for vote and debate on the floor. It failed. I got quite a few surprises from several delegates. One example was from Del. Cody Thompson from our neighboring County stood on the House Floor and was against the Bill.”
Next the Commissioners were asked what they would do differently, or change given the opportunity; what their plans are going forward, and do they plan to re-submit, etc.
Davis said: “I would start the process sooner, before the legislative session begins, trying to explain and educate lawmakers on the importance of its passage. Moving forward, I would vote to have the bill re-submitted during the legislative session. I think we are trying to fix the funding problem before it’s unfixable and at some point the State will have to step in if counties don’t have a way to do it by themselves or we can’t provide services.”
Moore answered by having this to say: “Educate more Legislatures and the public about the financial needs facing the first responders of Tucker County. My plan is to continue to pursue and achieve financial support for our first responders; the alternative is little or no coverage for our Tucker County Citizens.”
Rosenau stated: “This has been a learning curve going back ten years to now. We plan to continue to fight. This whole experience has been such a revelation as to how the whole Senate and House thing works. As to how the bill passed the Senate and sent to the House but Householder Chairman would not put it on the agenda to get passed. So, with the help of some Delegates the bill was attached to another bill. So disappointed it did not go through.”
The Commissioners were then asked to explain how the proposed Levy Tax could be effective for Tucker County and its citizens and EMS.
Moore said: “At the present time the Tucker County EMS is operating on a $400,000.00 deficit, they lack (2) drivers, (6) EMT’S and (2) Paramedics, this is due to lack of funding and low wages, because of these shortages 24/7 service at the (2) stations is impossible.”
Rosenau answered: “It takes half a million dollars yearly to run one crew for a 24 hour service shift and 1.2 to 1.3 million for two crews. These are statistics provided by the State. Currently Tucker County EMS is budgeted $460,000 with $210,000 provided by the Commission. The difference must be covered by the current ordinance fee or the proposed Levy Tax.
I do not believe the ordinance fee was fair to everyone. On the May ballot, the proposed Levy Tax would make it to where those with less would pay less and those with more would pay more. It is for the people to decide whether they want one or two crews.”
Davis had this to say: “We don’t have a levy now, we have an ordinance fee. To compare, most lower income and elderly residents would benefit with everyone paying their fair share. Also, everyone will have a say in whether or not they want it.”
Lastly the Commissioners were asked if they wished to express anything to their fellow citizens and how this denial of the House Bill affected them on a personal level.
Davis was quoted as saying: “The amusement tax was not all about EMS funding. It was to be able to support all of our emergency services, including fire and law enforcement, with much needed funds. The bottom line, funding or lack of funding for emergency services affects everyone in Tucker County”
Moore had this to say: “EMS as a paid service is plagued with low wages and poor benefits in a time when every business is having trouble finding employees. Fire departments in our county are volunteer and our state is made up of, almost exclusively , volunteers. These volunteers work a 40-50 work week to provide for their families and they run several emergency calls a week. It is becoming too much to expect them to work fundraisers to provide a service on top of their other responsibilities.”
And lastly Rosenau stated: “I’m just so disappointed but will continue to fight for what’s best for the citizens of Tucker County.” Rosenau would like to remind everyone to vote on the upcoming ballot.
Moore best described the experience for the Commissioners by saying: “Disappointed but determined.”