The Senate met at 11:00 a.m. today and discussed Senate Joint Resolution 9. This is a Constitutional Amendment that allows the Legislature to eliminate or lower ad valorem personal property taxes. The resolution doesn’t allow the Legislature to raise personal property taxes above the limits already in place.

The bill removes the constitutional requirement for the uniformity of taxation and allows the legislature to set different rates of taxation, valuation and/or assessment in the state. The resolution required the votes of at least 2/3 of the Senate to advance to the House.

This resolution has been highly anticipated in the Senate since January 8, when Governor Jim Justice listed the elimination of the business inventory tax as a priority in his State of the State address. The Resolution allows for the implementation of SB 837, which creates a six-year phase out of personal property taxes on manufacturing inventory and machinery.

The Senate was very divided and engaged in lively debate concerning this issue. Many expressed support for the resolution, stating that it would allow the citizens of West Virginia to vote whether they desired this change, and would allow them to voice whether they support the tax cut to businesses. Others opposed, stating that the resolution and the bill were not without consequences and citizens would have to pay for the tax cut to businesses.

Senator Charles S. Trump IV, R-Morgan, rose in favor of the resolution. He stated that because of the business tax, small businesses are suffering, and the resolution would give the Legislature the ability to provide relief to these businesses. He stated that even members of the Senate who opposed SB 837 should vote in favor of the resolution because it places the decision in the hands of West Virginian voters.

Senator Ryan Weld, R-Brooke, agreed, stating that this is a decision for the people of the state about how to spend their money.

Senator Mike Romano, D-Harrison, spoke against the bill. “The resolution, first and foremost, usurps local control of counties and places it in the hands of the Legislature,” he said. He stated that he is concerned about the decisions made if the resolution should pass. He also said that it was unlikely the people of West Virginia to make an informed decision when voting on the resolution because it is deceptive. “We are showing citizens a tax cut, when behind our back is a tax increase,” he said.

Senator Paul Hardesty, D-Logan, agreed that, even though the resolution may have the best intentions, county autonomy would be severely impaired.

Senator Craig Blair, R-Berkeley, rose in response to claims that the resolution is deceptive. He stated that he supported the resolution and would ensure that the language is transparent and readily available to the public before Election Day.

Senator Patricia Puertas Rucker, R-Jefferson, stated to those concerned that the bill does not guarantee a tax break or increase, but gives the decision to the people. She said that she had seen a lot of concerns about the resolution infringing on funding to public education and wanted to assure that the resolution does not interfere with the constitutional mandate to continue funding education.

Senator Trump closed the debate by saying that this resolution was intended to move WV forward and create measures to improve business investment in the state.

The Resolution was rejected with 18 in favor and 16 opposed.

The Senate passed a total of 29 Senate bills on Tuesday.

SB 511 regulates pawnbrokers to better prevent the selling of stolen property and assist in the recovery of stolen property by the police. The bill states that pawnbrokers cannot purchase from a minor or a person who appears to be under the influence of alcohol or a controlled substance.

SB 284 creates the West Virginia Health Care Continuity Act, which ensures that healthcare coverage plans meet certain standards while remaining affordable and are not denied to persons with preexisting conditions.

SB 668 enacts the Uniform Trust Decanting Act, which allows a trustee to distribute assets of one trust into another trust.

Ten bills on second reading were passed after the Senate suspended Constitutional rule that a bill be read on three separate days to receive a vote.

SB 106 makes daylight savings time the official time year-round in the state. If the bill becomes law, it will only be made effective after federal congressional action to allow it.

SB 472 provides an alternative sentencing program for work release for individuals convicted of a misdemeanor or felony. The bill allows such persons to work with the Division of Highways or the Division of Natural Resources on tasks such as cleaning up state parks or highways.

SB 569 expires funds from various accounts and moves them to The Medical Services Program Fund of the Department of Health and Human Resources.

SB 570 expires funds from the State Excess Lottery Revenue Fund and moves them to the Medical Services Program Fund of the DHHR.

SB 633 creates the Medicaid Families First Reserve Fund Account. This fund would be administered by the Secretary of the DHHR.

SB 729 relates to awards and disability distributed under the Deputy Sheriff Retirement Act.

SB 749 requires the Fatality and Mortality Review Team to share data with the Center of Disease Control in order to identify themes and risk factors as well as other determinants of health.

SB 798 requires dairy foods processed in the state ne added to the list of items to be purchased by state-funded organizations.

SB 805 is a supplemental appropriation of funds from the state Treasury to the West Virginia Commuter Rail Access fund.

SB 812 is a supplemental appropriation to transfer funds from Lottery Net Profits to the Bureau of Labor Services.

The Senate amended House amendments for SB 39, which is a rules bundle for the Department of Health and Human Resources. The Senate concurred and completed legislation for the bill.

The Senate also concurred with House amendments for SB 657, which allows for the designation of tourism development districts in the State.

The Senate adopted Resolution 50, designating February 25, 2020 as Fairmont State day. A brief recess was held for the presentation of the resolution and a visit from Fairmont State students.

Resolution 51 was also adopted, celebrating the 90th anniversary of the Shinnston Fire Department. A brief recess was held for the presentation of this resolution and to thank the staff of the Fire Department.

The Senate is adjourned until tomorrow at 10 a.m.

The Senate met at 11:00 a.m. on Monday and discussed SB 837. This bill creates a 6-year phase out of personal property taxes on manufacturing machinery, equipment, automobiles and inventory. The bill creates a Special Revenue Account which provides that the Legislature restore funding to counties and municipalities in compensation for the tax cut.

The bill calls for an increase in sales tax to 6.5 cents per dollar to provide for the tax cut. The bill calls for a tax increase on cigarettes to $2.00 per 20 cigarettes. Other tobacco products, E-cigarettes and vaping products would see a tax increase to 50% of the wholesale price. All money collected from these taxes would be deposited into the Special Revenue Account.

The bill would become effective if Senate Joint Resolution 9, a constitutional amendment granting the legislature the right to eliminate or lower Ad Valorem Tax on personal property, is voted for by West Virginian citizens.

The Senate was very divided when discussing the bill, some believing that this would improve West Virginia’s competitive economic environment while others feared that West Virginians would suffer from the sales tax while large corporations benefitted.

Senator Mike Romano, D-Harrison, expressed the concern that the large corporations benefiting from the tax break will take that money back to the headquarters of the business, rather than feed the money from the tax cut back into West Virginia’s economy.

Senator Chandler Swope, R-Mercer, rose in support of the bill, saying that cutting the taxes is a good investment to help foster business in the State. One of his arguments in favor of the bill is that eliminating the tax can help to raise wages in the state.

Senator Paul Hardesty, D-Logan, opposed the bill, saying that the tax breaks already implemented, as well as similar steps already taken, are not meeting current expectations.

Senator Eric Tarr, R-Putnam, stated his approval of the bill. “Growth is undeniable with this plan,” he said.

Senator Charles S. Trump IV, R-Morgan, rose in strong support of the bill, referring to SB 837 as an “extraordinary piece of legislation”. Trump stated that the tax break would provide for more West Virginian businesses to thrive and afford to hire West Virginian citizens. “This tax is a job-killer,” he said, “and we have suffered under the illusion that there’s nothing we can do about it.”

Senator Craig Blair, R-Berkeley, closed the debate by urging a Yes-vote. In response to those who opposed the bill, he stated that the bill would only be implemented with the consent of the majority of West Virginian citizens. He said that this tax cut would improve the business environment, create jobs, encourage competition, and foster investments in the state.

When the Senate voted on the bill, it passed 17-16 and advanced to the House.

The Senate also passed 20 other Senate bills on Monday.

SB 528 creates the Uniform Worker Classification Act. The purpose of the bill is to create a test to distinguish independent contractors from employees. This bill was also debated by the Senate. Senator Trump presented the bill, stating that this would help to decrease confusion for businesses.

This was also debated in the Senate, as the bill would lower the bar for what classifies an independent contractor, which do not receive unemployment compensation.

Senator Mike Romano, D-Harrison, stated that this bill doesn’t put West Virginians first and was meant to benefit lawyers and large corporations. Others stated that the bill may increase litigation rather than decrease it.

The bill passed 17-16 and advanced to the House.

SB 578 was also passed, which recalculates the tax on producing, selling and generating solar electricity. The bill aligns the price with other energy taxes. Many members of the Senate regarded this as a step forward in the state’s investment in renewable energy sources and believe that the bill would help the state to be less reliant on the coal industry.

The Senate also passed SB 689, which creates the Requiring Accountable Pharmaceutical Transparency, Oversight, and Reporting Act. This bill requires drug manufacturers and health benefit plan issuers in the state to provide cost information, changes in cost information and prescription drug statistics to the State Auditor. The State Auditor is required to publish this information on a searchable transparency website for public use.

The Senate passed Senate bills 579, 586, 651, 691, 705, 707, 723, 727, 728, 734, 751, 755, 770, 782, 787 and 838 on Monday.

The Senate also adopted Senate Concurrent Resolution 46, which requests the DEP and DHHR to propose a source-water supply study plan.

The Senate has adjourned until tomorrow at 11 a.m.

The Senate met at 11:00 a.m. on Friday and passed 15 bills, 3 of which originated in the House.

SB 253 provides for the fair pay and employment of disabled persons, creates a state “Employment First” policy to encourage agencies to employ disabled persons, and establishes a task force to initiate these policies. The bill provides for the DHHR Bureau of Behavioral Health, Bureau of Medical Services, Division of Rehabilitation Services and Workforce WV to put the policy into practice.

SB 130 revises procedures for suspensions of driver’s licenses for driving under the influence. The bill provides that those who have had their driver’s licenses revoked upon conviction of this offense are to complete a comprehensive safety and treatment program before the license can be reinstated.

SB 660 regulates electronic bicycles by providing for their exclusion from registration, title, insurance and driver’s license requirements. The bill prohibits the influence of alcohol and drugs on these bicycles and requires the wearing of a helmet.

House bill 4515 was also passed, completing legislation for the bill. This bill deals with wildlife resources and eligibility for license or permit application, requiring an eligibility statement for permit applications. The bill also clarifies false statements on permit applications as unlawful.

HB 4359 creates a uniform definition of “filing” and sets a flat filing fee for insurance forms and rules.

HB 4149 adds definitions relating to insurance.

The Senate suspended constitutional rules and passed 9 bills on second reading.

SB 484 requires that free feminine hygiene products be given to female prisoners, as well as female juveniles in juvenile detention centers.

SB 649 permits the director of a county or municipality emergency phone system to create contracts for emergency mobile phones if landlines are unavailable.

Senate bills 491, 672, 722, 728, 781, 789, 804 and 806 were also passed after the suspension of constitutional rules.

Senate Resolution 48 was adopted, celebrating the 12th anniversary of Bluefield College. Resolution 49 was also adopted, designating February 21st as State University Day. Two brief recesses were held for the presentation of these resolutions.

The Senate is adjourned until 11:00 a.m. Monday morning.

The Education Committee met at 1:30 p.m. in room 451M.

Following the Education Committee meeting, the Senate Judiciary Committee will meet in room 208W.

Following the Judiciary Committee meeting, The Finance Committee will meet in room 451M.

Following the Finance Committee meeting, the Committee on Government Organization will meet in room 208W.