The Senate delayed action until this evening on the budget bills as well as House Bill 3300, relating to reducing personal income tax rates generally, during a Wednesday morning floor session.
The Senate completed action on 13 other measures during today’ session.
The Senate is in recess until 5 p.m.
Audio and video streaming is available for all Senate meetings on the Legislature Live page.
Judiciary will meet at 1 p.m. in 208W.
Finance will meet at 1 p.m. in 451M.
The House concurred with the Senate on seven bills today, including:
House Bill 2633 creates the 2021 Farm Bill and makes changes throughout the code.
House Bill 2763 provides a way for reporting cyber incidents and provides that an annual report be sent to the Joint Committee of the WV Legislature.
House Bill 2765 allows emergency management and operations vehicles operated by airports to use red flashing warning lights.
The House passed 27 bills to the Senate.
Senate Bill 307 provides that nonresident members of a reserve unit in WV qualify as residents for tuition rates.
Senate Bill 318 removes the requirement that the Treasurer publish the unclaimed property registry in newspapers.
Senate Bill 343 allows the DMV to renew or reissue driver’s licenses and ID cards online for address changes.
Senate Bill 651 allows county boards of education to hold a public hearing to discuss the publishing of financial statements on their website. If the county decides to post the information, they may quit printing the information in a local newspaper. If the county posts the information online and an individual requests a hard copy of the information, the board must send the hard copy. Currently, the financial information is only printed in local newspapers.
Senate Bill 713 clarifies that inmates who received good time on or before October 21, 2020, are entitled to the good time unless it is lost due to a disciplinary violation.
Committees
Today’s Meetings
Tomorrow’s Meetings
The House reconvened at 6:15 pm to accept reports and messages.
The House is adjourned until 11 am tomorrow, April 7.
The Senate completed legislative action on seven bills during a Tuesday morning floor session.
House Bill 2823 exempts buildings or structures utilized exclusively for agricultural purposes from the provisions of the state building code.
House Bill 2829 allows for the amortization of annual funding deficiencies for municipal police or firefighter pension and relief funds.
Senate Bill 439 allows the use or nonuse of safety belts as admissible evidence in civil actions.
Four of the bills completed were supplemental appropriations to various agencies.
The Senate is adjourned until tomorrow, April 7, at 10 a.m.
Audio and Video streaming are available for all committee meetings on our Legislature Live page.
Health and Human Resources will meet today at Noon in 451M.
Energy, Industry and Mining will meet today at Noon in 208W.
Education will meet at 1 p.m. in 451M.
Government Organization will meet at 1 p.m. in 208W.
Finance will meet at 2:30 p.m. in 451M.
In the Judiciary Committee today, several bills were discussed. A few were rejected and a few were moved to tomorrow’s agenda. Senate Bill 537, Senate Bill 569, Senate Bill 658, and Senate Bill 657 are a few that advanced to the floor.
Senate Bill 537 modifies the definition of kidnapping to clarify that transportation is not necessary to be kidnapping. Holding another person for ransom, inflicting bodily harm, terrorizing a person or using another person has a shield or hostage, all fall under the definition of a kidnapping.
Senate Bill 569 establishes medical monitoring expenses and provides that an increased risk of disease is not a compensable bases for damages in any civil action. The bill requires that, when awarded, defendants pay medical monitoring expenses into a fund established by the court for that purpose and provides that any money remaining in the fund after medical monitoring be returned.
Senate Bill 658 requires the sheriff’s departments to participate and utilize Handle With Care Program for trauma-inflicted children.
Senate Bill 657 permits expressive activity on campus under certain conditions. The bill does allow state institutions of higher education to maintain and enforce reasonable time, place, and manner restrictions under certain parameters. It also requires state institutions of higher education to treat student organizations which are open to all students equally. The bill encourages state institutions of higher education to develop materials to educate the campus community on its policies relating to protected speech and expression activities and requires posting of policies on website. The bill allows a person or student organization who believes a violation of this article has occurred to bring an action for relief against the state institution of higher education.
The Judiciary Committee will meet tomorrow at 9 am.
NatNToday, the House passed seven bills, concurred with the Senate on two bills and six resolutions, and postponed action on six pieces of legislation.
Senate Bill 359 requires law enforcement to attempted to contract landowner or lease when responding to an accident in which damage occurs to a fence that could contain livestock. The bill was amended on third reading to allow the officer responding to call dispatch so that they could notify for a quicker response.
Senate Bill 514 makes changes to the organization of the Natural Resources Commission. The bill changes the term lengths and states that the commissioners shall be appointed by the Governor. The bill passed 52 to 47.
Senate Bill 89 was vetoed by the Governor and sent back to the Legislature for changes to be made. Today, the House concurred with the Senates amendments to complete the legislation and send it back to the Governor. Senate Bill 89 allows licensure requirement exemptions for private kindergarten and preschool programs.
The House also concurred to complete House Bill 2253, which makes changes to the sentencing for forgery and other crimes related to lottery tickets.
The House concurred with the Senate and adopted House Concurrent Resolutions 12, 20, 26, 35, 38, and 62.
Action on Senate Joint Resolution 4, Senate Bill 392, Senate Bill 483, Senate Bill 496, Senate Bill 562, and Senate Bill 710 was postponed by one day.
The House is in recess until 6 pm tonight.
Today’s Meetings
Tomorrow’s Meetings
The House reconvened at 6:20 pm to receive reports.
The House is adjourned until 11 am.
The Senate completed legislative action on eight bills during a morning floor session on Monday. A sampling of those bills are below:
House Bill 3045 deletes the July 1, 2023 sunset provision that would end a rebuttable presumption for a workers’ compensation benefits claim that a professional firefighter developed leukemia, lymphoma, or multiple myeloma arising out of and in the course of employment as a firefighter.
House Bill 2877 expands direct health care agreements beyond primary care to include more medical care services.
House Bill 2028 exempts veterinarians from the requirements of controlled substance monitoring.
The Senate is in adjourned until tomorrow, April 6, at 10 a.m.
Audio and Video streaming is available for all meetings on the Legislature Live page.
Natural Resources will meet at 1230 p.m. in 208W.
Judiciary will meet at 1:45 p.m. in 208W.
Finance will meet at 1:45 p.m. in 451M.
Today, the House passed 12 bills and one resolution.
House Resolution 19 changes House rules relating to Remarks by Members. The resolution moves Remarks to be held on each Wednesday following the first day through the fifty-seventh day of the session.
Senate Bill 375 sets reasons for which an open enrollment application may be denied and the process for application denial. The bill also amends provisions about student transfer.
Senate Bill 514 establishes the Natural Resources Commission appointment criteria and qualifications and allows for reimbursement of expenses related to official duties.
The rules were suspended for Senate bill 693, allowing the bill to be read three times on the same day. The bill passed.
Senate Bill 693 updates certain terms used in WV Personal Income Tax Act.
The House recessed briefly before debating House Bill 2022.
House Bill 2022, the budget bill, makes appropriations of public money out of the Treasury to the legislative branch, the judicial branch, the executive branch, state departments, divisions, boards, and higher education institutions.
The House is adjourned until 11 am on Monday, April 5.
Monday’s Meetings
Virtual Public Hearings
The Senate passed four bills, completing action on two, during a brief floor session Friday morning.
House Bill 2888 completed legislative action. This bill clarifies when contention of a conviction can be revived based on forensic scientific evidence that was not available at time of conviction.
House Bill 3081 also completed legislative action and will update the West Virginia Business Corporations Act.
These bills head to the Governor’s desk to await his signature.
House Bill 2253 passed with amendment. This bill relates to to forgery and other crimes concerning lottery tickets.
The Senate also suspended the constitutional rules, requiring a bill be read on three separate days, to pass Senate Bill 490, which provides a supplemental appropriation from General Revenue to the Department of Veterans’ Assistance.
These bills now head to the House of Delegates for consideration.
The Senate is adjourned until Monday, April 5, at 10 a.m.
Income tax reform has been a major topic of discussion around the Statehouse all session, with a heightened focus since March 9, when Governor Jim Justice finally introduced his bill to immediately reduce, and ultimately eliminate, the personal income tax.
Income tax accounts for roughly $2.1 billion of the state’s tax base, about 43 percent of the General Revenue Fund that pays for government services.
House Bill 2027, the Governor’s bill, proposes a 60 percent cut in the state’s personal income tax immediately, with the goal to eliminate it entirely within three years, hoping that population growth can offset the reduction.
An outline of the governor’s plan estimates initial personal income tax reductions totaling $1.35 billion, with rebates totaling $52 million for low-income residents, but also tax increases of just over $902.5 million to make up for the bulk of those breaks.
The tax increases represent a clear shift in the tax structure, as the bill increases the sales tax from the current 6 percent to 7.9 percent. The proposal would also raise a variety of other taxes, including on soft drinks, tobacco, beer and wine, and various professional services. The bill includes a “luxury tax” on some items costing more than $5,000, as well as sliding scales for severance taxes on coal, oil and natural gas, paying more when markets are strong.
The Governor’s bill has received little to no support from lawmakers and is currently parked in the House Finance Committee.
That does not mean the Legislature has no appetite to eliminate the income tax. On the contrary, both the House and Senate have come up with alternate plans that each body believes can eliminate the tax more prudently.
The House introduced its bill on March 23, passing it on a 77-23 vote on March 29. House Bill 3300 would cut the state’s income tax over time and uses revenue growth to offset the budget difference. It would reduce the tax gap by $150 million annually for over a decade until it is eliminated.
“This is a new green deal for West Virginia. Not the one you’re thinking of, but a true green deal that puts money in your pockets,” said House Finance Chairman Eric Householder (R – Berkeley, 64).
The bill does not raise taxes to address the gap but does create a special fund to use other income sources, such as lottery proceeds, to fill any shortfalls. When the fund hits $400 million, it would shift $100 million of that to the General Revenue Fund to provide a cushion for an additional permanent $150 million in personal income tax reductions. In theory with this bill, the income tax reductions could amount to as much as $300 million a year.
On March 30, the Senate amended the House bill, inserting its version. The Senate version of the bill would eliminate the income tax in roughly four years, with an initial cut of $1.09 billion in year one. It creates several new taxes and raises current taxes to cover the more than $1 billion hole in the budget.
Those increases are highlighted by raising the sales tax from 6 percent currently to 8.5 percent next year.
A new 3 percent tax will be created on certain professional services including legal, engineering, architecture and accounting. The tax on hotels will now have an added fee of 4.3 percent and the tax on cigarettes and other tobacco products will go up by nearly $1 per pack.
The food tax on groceries would be reinstated at a 2.5 percent rate, while prepared foods and restaurants would be taxed at an 8.5 percent sales tax rate.
If legalized federally, recreational marijuana would be taxed. Medical marijuana would be considered separate from recreational use regarding taxation.
“What this does, is there are 36 million people who travel through West Virginia in a year,” said Senate Finance Committee Chair Sen. Eric Tarr (R-Putnam, 04). “Those people stop at our stores, they stop at our hotels, they stop at our gas stations, they stop at our recreational facilities. Those people from out of state, come in and they spend money on the things that this swaps out. So, it takes the pressure density off of the person who works and lives in West Virginia on carrying nearly half of our state’s budget.”
House Bill 3300, complete with the Senate amendments, will be on first reading in the Senate on Friday, April 2. The Senate changes are not expected to receive significant support in the House.
Clearly, there is a desire from both the Governor and legislative leaders to lower and, if possible, eliminate the personal income tax but theories vary widely as to the best way to go about it.
With just nine days remaining in the Regular Session, and with all parties getting a late start on the legislation, House Speaker Roger Hanshaw (R – Clay, 33) believes that while the discourse has been productive, any substantive personal income tax reform is likely to occur in a Special Session this summer.
“At this point, the important thing is that we just keep bills alive to keep the discussion going about where we head with the personal income tax,” Hanshaw said. I think there’s probably a lot more work to be done in terms of how we make this leap if we do make it, whether it gets done this regular session or if it gets done later in the year or somewhere down the road.”
The 2021 Regular Session concludes April 10 at midnight.
As of Friday, April 2, 2021, 1315 bills have been introduced to the House. Of those bills, 200 have passed and advanced to the Senate.
House Bill 3301 revise the West Virginia Tax Increment Financing Act to authorize a county commission or municipality to modify the termination times of certain districts.
House Bill 3299 authorizes legislative rules of the Higher Education Policy Commission.
House Bill 3266 allows teachers and service personnel apply for, and contract for, extracurricular assignments after retirement.
House Bill 3254 allows members of development authorities to receive federally authorized reimbursement for service which the member rendered on a voluntary basis.
House Bill 2981 creates a suicide prevention assistance program for veterans within the state. The bill also requires reporting of veteran suicides and suspected veteran suicide.
House Bill 2933 creates the Anti-Discrimination Against Israel Act, which prevents state agencies, political subdivisions, and pension plans from doing businesses with or investing in companies that boycott Israel.
House Bill 2842 prohibits municipalities from banning certain utility companies.
House Bill 2726 allows for the lease of air space above public roads and highways owned or controlled by a political subdivision of the state and the safe operation of unmanned aircraft.
House Bill 2694 prevents any agency of this state, political subdivision of this state, or employee of an agency or political subdivision of this state acting in his or her official capacity from assisting federal law enforcement officers in the investigation or enforcement of alleged violations of federal firearm laws which are not also violations of the laws of this state.
House Bill 2573 provides transparency and accountability of state grants to reduce waste, fraud, and abuse.
House Bill 2145 add four student aide titles to the class titles for school personnel.
House Bill 3303 clarifies the process for filling vacancies on ballots and provides that no appointment to an unfilled vacancy may be made after a primary election.
House Bill 3300 reduces personal income taxes on a percentage basis. The bill creates the income tax reduction fund.
House Bill 3002 requires the Commissioner of Highways to post online at the Division of Highways website any petition, order, or decision to the abandonment or discontinuance of any state highway or road. The bill allows any member of the public to participate in or attend any hearing related to the abandonment or discontinuance of any state highway or road by virtual means.
House Bill 2962 removes the requirement that the practical exam be performed on a real person. Since COVID-19, a mannequin has been used. The bill removes restrictions on advertising. It changes practicing dentistry without a license from a misdemeanor to a felony.
House Bill 2890 clarifies the authority of the Public Service Commission of West Virginia over luxury limousine services.
House Bill 2793 allows out of state residents to obtain WV concealed carry permits for $100
House Bill 2773 allows the DNR to issue up to 100 permits for boats greater than 10 horsepower on the Upper Mud River Lake.
House Bill 2747 transfers the Parole Board to the Office of Administrative Hearings. It sets the number of board members to 10 and sets requirements for members. The bill states the Chief Hearing Officer will be appointed by the Governor and serve as chair of the board. It also requires that all parole board hearings be open to the public.
House Bill 3304 authorizes the Commissioner of the Division of Correction and Rehabilitation to establish a program of reentry and transitional services that may be used for eligible offenders who are sentenced to serve a term of imprisonment under the custody of the Division of Corrections and Rehabilitation whom the Commissioner or the circuit court may permit to service his/her sentence as a sentence to reentry and transitional services to cut the cost of confinement and promote transition of the offender into society. The program would assist with academic education, vocational education, employment, counseling, housing, and substance abuse
House Bill 3298, a supplemental appropriation bill, amends appropriations for the Board of Education, the WV Development Office, Bureau of Senior Services, and the Civil Contingent Fund during the fiscal year 2021.
House Bill 3106 increases the time for a bond hearing from 72 hours to 5 days. The bill allows for a defendant to be released from jail if the bond hearing is not held unless the defendant is incarcerated for a crime against the person.
House Bill 3082 helps stabilize funding sources for the WVDEP Division of Air Quality.
House Bill 2915 increases available funds in the Public Records and Preservation Revenue Account for grants to counties for records management, access, and preservation purposes.
House Bill 2790, a supplemental appropriation bill, makes changes to appropriations for the Division of Highways during the fiscal year 2021.
House Bill 2769, a supplemental appropriation bill, makes changes to appropriations for the Division of Motor Vehicles during the fiscal year 2021.
House Bill 2768, a supplemental appropriation bill, increases the appropriation to the Division of Highways for maintenance during the fiscal year 2021.
House Bill 2720 allows the Secretary of the Department of Transportation to establish a merit-based personnel administration system for all the department’s employees. The DOT will have until October 31, 2021, to establish the new system.
House Bill 2667 promotes cost savings for state taxpayers by implementing an energy savings program for assessment and implementation of energy savings goals for state buildings.
House Bill 2581 changes the valuation, assessment, review, and appellate rights of property owners regarding valuation, classification, and taxability of real estate properties by the Tax Commissioner. It allows for the publication, release, and other disclosure of nonpropriety financial information by the Joint Committee on Government and Finance.
House Bill 2493 makes changes to the Tax Departments’ method of property taxation. The six changes made are: 1.) The method will rely on the most recent calendar year’s coal prices, not a three-year average. 2.) The average coal density shall be a flat average of 1800 tons per acre-foot unless the taxpayer provides evidence to establish a lower density value. 3.) Tax Commission shall consider economic viability and engineering ponderations when establishing values of coal properties. 4.) Coal beds less than 35 inches shall not be classified as minable coal for valuation of property tax. 5.) Coal seams may not be classified for taxation until the actual depletion of coal commences under a permit. 6.) Non-filers shall be subject to penalties equal to and uniform with all forms of industrial property and natural resources property.
House Bill 2266 provides Medicaid coverage up to 1 year postpartum. Currently, coverage is only 60 days postpartum.
House Bill 3312 establishes a memorial in Fairmont, WV to child labor and child workers who died in the course of employment in this state.
House Bill 3311 limits the cost of obtaining medical records to a fee consistent with HIPAA.
House Bill 3310 limits the jurisdiction of the Public Service Commission.
House Bill 3308 increases the number of video lottery terminals allowed in an establishment from seven to 10.
House Bill 3307 creates the Social Media Integrity and Anti-Corruption in Elections Act.
House Bill 3297, a supplemental appropriation bill, increases appropriations to the Department of Veterans’ Assistance for fiscal year 2021.
House Bill 3295, a supplemental appropriation bill, increases appropriations to the Department of Health and Human Resources for fiscal year 2021.
House Bill 3292, a supplemental appropriation bill, increases the appropriations for the Department of Health and Human Resources for fiscal year 2021.
House Bill 3291, a supplemental appropriation bill, increases appropriations for the Department of Homeland Security for fiscal year 2021.
House Bill 3289, a supplemental appropriation bill, increases appropriations for the Department of Commerce for fiscal year 2021.
House Bill 3288, a supplemental appropriation bill, changes appropriations within the Department of Health and Human Resources for fiscal year 2021.
House Bill 3287, a supplemental appropriation bill, increases appropriations for the Department of Homeland Security for fiscal year 2021.
House Bill 3286, a supplemental appropriation bill, increase appropriation for the Division of Human Services for fiscal year 2021.
House Bill 3089 makes utility workers essential employees during a state of emergency.
House Bill 3074 requires the Board of Education to provide information about organ donation to high school students and higher education students.
House Bill 3072 sunsets the Board of Forestry and transfers responsibility to the Division of Forestry. It removes the license requirements. The bill states a list of foresters with four-year and two-year degrees be maintained by the Division.
House Bill 3036 sunsets the Board of Sanitarians.
House Bill 3030 authorizes the Commissioner of the Division of Highways to allow an increase of gross weight limitation and dimensional restrictions on certain roads in Greenbrier and Pocahontas Counties.
House Bill 2997 adds a defense to civil penalty impose for a result of delivery of fuel to a state other than the destination state printed on the shipping document for fuel. This will update our code and bring it in line with surrounding states to collect taxes more properly.
House Bill 2927 adds caregiving expenses to lawful elections, The Secretary of State would create rules relating to the expenses.
House Bill 2918 makes the Family Drug Treatment Court permanent.
House Bill 2908 requires high-volume third-party sellers to provide information to online marketplaces. High volume is defined as 200+ transitions or $5,000+ for 12 months continuous.
House Bill 2884 provides protection for customers of municipality owned utilities.
House Bill 2876 modifies the five-year waiting period and 100-person minimum for an association health plan. The bill allows new flexibility granted under federal rules. This bill puts code in line with the ACA.
House Bill 2751 establishes a system to remediate fiscal emergencies of local governments. The bill modernizes the process for dissolution of municipal corporations in this State
House Bill 2730 allows a debtor in bankruptcy to use the federal law exemptions.
House Bill 2592 provides that all local elections be held on a date that a state election is being held.
House Bill 2488 provides for an occupational limited driver’s license.
House Bill 2370 allows for owners of swimming pools to not have to pay associated costs for sewage when the water used for the pool is not used in the sewer.
House Bill 2095 provides increased protections for the welfare of domestic animals in the care of animal shelters, breeders, and private individuals.
House Bill 2017 the criminal code rewrite, establishes a class system for felony and misdemeanor offenses. If completed, the classes would be as follows: 6 felony classes, 3 misdemeanor classes, and a petty offense. The bill adds the option for enhancements to be added to a charge, which can result in additional time being added if convicted.
