Date Requested:January 20, 2010
Time Requested:05:20 PM
Agency: State Tax Department
CBD Number: Version: Bill Number: Resolution Number:
2010R1412 Introduced HB4130
CBD Subject: PUBLIC CAMPAIGN FINANCING PILOT PROGRAM
FUND(S)
Supreme Court of Appeals Public Campaign Financing Fund
Sources of Revenue
Special Fund
Legislation creates:
A New Program,A New Fund

Fiscal Note Summary

Effect this measure will have on costs and revenues of state government.

    The stated purpose of this bill is to provide alternative campaign financing options for candidates for the West Virginia Supreme Court of Appeals in 2012 through public funds funded through attorney fees, special court fees, and funds from the Treasurer’s Unclaimed Property Trust Fund. Candidates participating in the Pilot Project would be required to raise a certain amount of campaign funds to qualify for the program and receive public funds. Candidates accepting public funds are thereafter prohibited from raising or spending money from private sources.
    
    As written, passage of this bill would result in the creation of a voluntary check-off line on personal income tax returns for taxpayers who wish to contribute to the “Supreme Court of Appeals Public Campaign Financing Fund”. The check-off is limited to a portion of a taxpayer’s state income tax refund of up to $6,000, or $12,000 for a joint return. The new check-off may result in the voluntary contribution of a modest sum of funds to provide a source of revenue for candidates running for the West Virginia Supreme Court of Appeals in 2012. The bill also provides for other sources of funding, including a transfer of $1 million from the Unclaimed Property Trust Fund, attorney fees, and appeal and petition fees. New attorney fees would be assessed by the West Virginia State Bar on every attorney licensed to practice law in the State, providing at least $300,000 for the “Supreme Court of Appeals Public Campaign Financing Fund”. An additional $1 million would come from new appeal and petition fees. As a result, total revenue from all four sources would be roughly $2.3 to $2.5 million annually. The passage of this bill may result in some loss to the General Revenue Fund, as moneys from the Unclaimed Property Trust Fund that would otherwise be transferred into the General Revenue Fund, would now be transferred into the “Supreme Court of Appeals Public Campaign Financing Fund”.
    
    Additional administrative costs to the State Tax Department from the passage of this bill would be minimal.
    

Fiscal Note Detail
Over-all effect
Effect of Proposal Fiscal Year
2010
Increase/Decrease
(use"-")
2011
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 0 0
3. Explanation of above estimates (including long-range effect):
    As written, passage of this bill would result in the creation of a voluntary check-off line on personal income tax returns for taxpayers who wish to contribute to the “Supreme Court of Appeals Public Campaign Financing Fund”. The check-off is limited to a portion of a taxpayer’s state income tax refund of up to $6,000, or $12,000 for a joint return. The new check-off may result in the voluntary contribution of a modest sum of funds to provide a source of revenue for candidates running for the West Virginia Supreme Court of Appeals in 2012. The bill also provides for other sources of funding, including a transfer of $1 million from the Unclaimed Property Trust Fund, attorney fees, and appeal and petition fees. New attorney fees would be assessed by the West Virginia State Bar on every attorney licensed to practice law in the State, providing at least $300,000 for the “Supreme Court of Appeals Public Campaign Financing Fund”. An additional $1 million would come from new appeal and petition fees. As a result, total revenue from all four sources would be roughly $2.3 to $2.5 million annually. The passage of this bill may result in some loss to the General Revenue Fund, as moneys from the Unclaimed Property Trust Fund that would otherwise be transferred into the General Revenue Fund, would now be transferred into the “Supreme Court of Appeals Public Campaign Financing Fund”.
    
    Additional administrative costs to the State Tax Department from the passage of this bill would be minimal.
    


Memorandum
Person submitting Fiscal Note:
Mark Muchow
Email Address:
kerri.r.petry@wv.gov