Blog – Page 198

Bill Allowing Distilleries to Offer Liquor on Sundays Passes in Senate

Senate Floor Session

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March 20, 2017

The Senate has passed two bills that will be sent to the House for further consideration.

SB 290 would allow distillery or mini-distillery operators to offer liquor for purchase and consumption on the premises on Sundays beginning at 1 p.m.

SB 608 would clarify that lawful businesses or business structures operating in this state are unaffected by enactment of prohibitory legislation absent express language in the enactment prohibiting the continued operation of the business or use of a business structure.

Members of the Senate also adopted SR 42 to designate today as International Pageant Day at the Capitol, and SR 43 to recognize Homer Hickam.

Senate Bills 670-684 were introduced.

Senate Bills 27, 36, 216, 219, 341, 468, 480, 547, 548 and 564 and House Bills 2300, 2447 and 2766 were advanced from second reading.

Of those bills, amendments were made to House Bills 2447 and 2766. Senator Charles Trump, R-Morgan, proposed a strike-and-insert amendment to make various changes to HB 2447 on behalf of the Judiciary Committee. Senator Mike Hall, R-Putnam, amended HB 2766 to strike out a single word in the bill.

Senator Corey Palumbo, D-Kanawha, proposed an amendment to SB 216 that would limit the amount of cars being sold without a warranty to only 25 percent of the dealership’s inventory. Palumbo said the bill would ensure citizens still have plenty of access to safer cars with warranties, but those in opposition felt that the restriction would be unnecessary and too difficult to monitor or enforce regardless. The amendment was rejected.

Committee Meetings Today

Banking and Insurance: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Tomorrow

Energy, Industry and Mining: 1 p.m. in 208W

Health and Human Resources: 1 p.m. in 451M

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Wednesday

Agriculture and Rural Development: 2 p.m. in 208W

The Senate is adjourned until 11 a.m. tomorrow.

Subcommittee on SB 335 Refers the Bill Back to the Committee on Finance

Senate Committee

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March 20, 2017

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The subcommittee on Senate Bill 335, a bill that would create the 2017 Tax Reform Act, met today to discuss the proposed legislation.

Mr. Carl, a special advisor to the Select Committee on Tax Reform, spoke to the committee.

Encouraged by Senator Gaunch (R-Kanawha) to give the highlights, Mr. Carl said the six percent sales tax would be repealed and be replaced with an eight percent consumption tax. Groceries would be taxable under this bill but wouldn’t start until January 1st 2018. Construction services would only be taxable for the first $10,000. Existing exemptions that would be continued, are realtor commission, tuition, advertising, data processing, licensed daycare services, aircraft repair services, exempts charities, yard sales, textbook sales and more. Any excess money gained would go into the rainy day fund. And in the future half of the excess money would go into the rainy day fund. There are also Exemptions for all social security income from personal income tax and limit tax of military pay until the tax is phased out completely. The tax rates on the sale of beer, tobacco, and liquor would be increased along with e-cigarette products.

Senator Palumbo (D-Kanawha) said, “My concern is that this bill will shift the tax burden from higher income people to lower income people. Do we have any data that will show how this will affect them?”

Mr. Carl responded, that they didn’t have data in any formal way. However, he said regressiveness is only a concern when one is talking about putting a burden on those who can’t get their essential needs. The regressiveness of the bill will be mitigated by tax credits for lower income working class and retired folks to be sure they can get those.

Senator Plymale (D-Wayne), wanted to know what services will be taxed.

Mr. Carl said, “It would be easier to tell you which ones won’t be taxed.”

Senator Plymale said, “Coming from a border area, I have grave concerns. We have the Huntington Mall in Barboursville and we get a lot of people from Kentucky and Ohio who shop there. With this, have you looked at how these types of areas would be affected?”

Mr. Carl reassured the committee that convenience is a huge force for shoppers and if people are willing to travel all that way to shop, then they will most likely continue to do so despite the two percent increase in sales tax.

The bill was amended to change the decrease on coal severance tax from five percent to two percent from a two-year decrease to three-year increase.

Senator Palumbo stated his concern on the shift of the burden on the lower income households.

Senator Plymale said the bill is a far cry better than the introduced version. The exemptions are much better now but he shares the same concerns

Senator Blair (R-Berkeley) said he shares concerns but the bill is one of the most flexible pieces of legislation. If this passes or not, he is encouraged about the attitude of the legislators regarding the bill.

Senator Boso (R-Nicholas) said, “I recognize that there are issues that are legitimate but I am a man o faith. The legislation is still very flexible so that if we find something wrong with it down the road, we can tweak it a bit. We need to continue to look at it as it certainly isn’t perfect, but it is a step in the right direction and I encourage that we pass this on.”

The bill was referred to the Committee on Finance with the recommendation that it pass.

Senate Tax Reform Considers FASTR Amendment to Constitution

Senate Committee

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March 20, 2017

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The Senate Select Committee on Tax Reform is considering a joint resolution that would enact a Fair and Simple Tax Reform (or FASTR) amendment to the state constitution.

The resolution, SJR 8, would enact measures such as repealing the personal property tax, providing limitations on the personal income tax, creating a state infrastructure and equalization fund, providing for block grants to local schools and governments for education and infrastructure and establishing several tax exemptions.

Two-thirds of the members of each house would have to approve the resolution for the constitution to be amended.

Chairman of the committee, Senator Robert Karnes, R-Upshur, said he had not intended for the resolution to be approved in the meeting and only wished to hear discussion on the bill first.

Since no members of the minority party were present at the meeting, Senator Craig Blair, R-Berkeley, Vice Chair, moved that the meeting adjourn to give minority members a chance to contribute to the discussion.

Resolution to Eliminate County Surveyors Originated in Senate Judiciary

Senate Committee

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March 18, 2017

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The Senate Judiciary Committee has approved four bills to be reported to the floor with the recommendation that they pass.

SB 298 would allow a constitutional officer to waive his or her salary for any calendar year.

Director of Legislative Affairs Joseph Garcia said on behalf of Governor Jim Justice that the governor has no problem with the changes made in the committee substitute for the bill.

SB 628 would provide funding for the Statewide Interoperable Radio Network through additional court costs to be imposed in criminal cases.

Senator Patricia Rucker, R-Jefferson, said the bill would help to keep the network up to standard in case of an emergency where different emergency services would need to efficiently communicate with each other.

SB 572 would require that elections for county surveyors be conducted on a nonpartisan basis and makes provisions for the appointment and election of a new county surveyor if the office is vacated.

Prior to passing the bill, the committee originated a resolution to amend the constitution and eliminate the office of county surveyor, since the office currently has no duties and no salaries.

SB 521 would authorize Public Defender Services to approve vouchers of attorneys who represent indigent criminal defendants, create conflict public defender corporations, contract for legal services and require contemporaneous time records.

The committee also heard presentations on, SB 576, which would provide an exception to waste for certain oil and gas development and encourage the efficient and economic development of oil and gas resources by providing that a lawful use of mineral property that has been consented to by two thirds of the mineral interest owners is permissible, is not waste, and is not a trespass.

Alvin Engelke, a citizen of Wert County, voiced his opposition to the bill and said he would be forced to allow gas companies to take gas from wells on his personal property without providing him any payment for them.

Anne Blankenship, executive director of the West Virginia Oil and Natural Gas Association, said the industry needs the bill to create jobs and allow business investments to more easily enter the state.

Blankenship said West Virginia’s current provisions put the state at a “competitive disadvantage” in comparison to other states with a major energy industry.

Local lawyer Scott Windom said the companies are cheating property owners out of revenues from “forced pooling” because of “corporate greed” that takes away property owners’ rights.

Jessica Blake Brisendine, legal counsel for EQT Corporation, said the co-tenancy and joint development bill would increase employment and employee salaries in the state at a time where the state needs those jobs and developments most.

“This is a step in the right direction for West Virginia,” Brisendine said.

The committee previously heard from three presenters Friday who all spoke against the bill.

All bills except for SB 572 and SB 576 will be referred to Senate Finance once reported out of committee.

Mandatory Immunizations Exemptions Bill Further Discussed in Senate Education

Senate Committee

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March 18, 2017

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The Senate Education Committee has put a bill on layover that would provide exemptions from mandatory immunizations for children, students and employees.

The bill, SB 537, would bring West Virginia in line with the 47 other states in the country that allow religious exemptions for vaccinations.

The committee heard from two medical professionals who support passage of the bill.

Dr. Alvin Moss of the WVU Center of Health Ethics and Law said many of the immunizations required for children entering into school contain ingredients that have “worrisome toxic effects” that have shown themselves through negative reactions or injuries due to certain immunizations.

Leading anti-vaccine activist Dr. Suzanne Humphreys said vaccines moreover cause a “false sense of security” for reaping the benefits they are suggested to provide, especially herd immunity.

Humphreys said doctors too often remain naive about the health dangers that mandated vaccines risk potentiating.

“There is a vast oversimplification among medical professionals about the effects of these vaccinations,” Humphreys said.

Both speakers answered several questions from members of the committee following their presentations.

The bill will be referred to Senate Health and Human Resources once reported to the floor.

Senate Passes Bill Prohibiting Common Core Standards

Senate Floor Session

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March 18, 2017

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The Senate has passed nine bills to be sent to the House for further consideration.

SB 16 would repeal a section of the code that provides a tax credit for wind power projects.

SB 308 would define legislatively that the administrative and law enforcement activities of the natural resources police officers of the Division of Natural Resources are directly related to the conservation and management of the state’s fish and wildlife.

SB 500 would add language to the West Virginia Code providing clarity in the representation of cases relating to Medicaid fraud and abuse, as well as continue the fraud control unit in the Medicaid Fraud Control Unit of the Attorney General’s office after July 1, 2017.

SB 524 would prohibit implementation of Common Core academic standards and require adoption and implementation of certain other academic standards for a minimum of five school years after date of implementation.

SB 554 would create the crime of false swearing in a legislative proceeding and penalties for violators.

SB 559 would permit limited video lottery retailers with more than one location to sell one or more of their operations to another person.

SB 581 would make technical corrections to the Uniform Trust Code.

SB 620 would increase penalties for vehicles driving slow in the passing lane or for overtaking a vehicle or turning or making a lane change without giving a signal and clarify that signaling is required when changing lanes.

HB 2028 would allow a pro se plaintiff or petitioner to file a claim or petition against the state, a state officer or state agency in the circuit court of a county in which the plaintiff or petitioner resides or in which a claim arose, instead of only allowing such claims to be heard at the Kanawha County Circuit Court.

Another bill up for passage, SB 443, was recommitted to Senate Finance for more review.

Senate Bills 649-669 were introduced.

Senate Bills 290 and 608 were advanced from second reading.

Committee Meetings Today

Government Organization: 10:15 a.m. in 208W

Education: 10:15 a.m. in 451M

Judiciary: 11 a.m. in 208W

Finance: 11 a.m. in 451M

Transportation and Infrastructure: 12 p.m. (or after adjournment of Finance and Judiciary) in 451M

Committee Meetings Monday

Tax Reform: 9 a.m. in 451M

Banking and Insurance: 2 p.m. in 451M

The Senate is adjourned until 11 a.m. Monday, March 20.

Senate Judiciary Approves Sexual Assault Survivors’ Bill of Rights

Senate Committee

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March 17, 2017

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The Senate Judiciary Committee has approved four bills to be reported to the floor with the recommendation that they pass.

SB 288 would double the penalties for child abuse offenses.

Senate President Mitch Carmichael spoke in support of the bill and told the story of the “heinous crime” of sexual abuse committed against former 10-month-old Emmaleigh Barringer, for whom the bill is dedicated and named after.

SB 243 would repeal statutory language authorizing a minor over age of fourteen years to nominate a guardian.

Kenneth Ballard, president of the West Virginia Family Court Association, said the association does not take a position on the bill, since it is more of a policy issue best left to the committee.

Lisa Tackett of the West Virginia Supreme Court was available to answer questions from the committee about family court services.

Local lawyer David McMahon spoke against one provision of the bill related to the factor of caretaking in determining custody.

McMahon said how much a guardian provides care to a child both before and after separation with a spouse should be the primary factor looked at before determining others, as it is in current law, rather than just as an equal factor with others as it is presented in the bill.

Orgininating Bill 4 would correct a technical issue in a Code section related to the State Police.

Captain Reginald Patterson of the West Virginia State Police was present to briefly explain the bill’s provisions.

SB 69 would create the Sexual Assault Survivors’ Bill of Rights.

The bill would give victims more control over what happens with sexual assault evidence collection kits and ensures that they will actually be tested, rather than just stored.

Senator Patricia Rucker, R-Jefferson, made an amendment that would require restricted deliveries of certified mail notifications related to the progress of the tests and would also make provisions for if the mail is left unclaimed.

Senator Ronald Miller, D-Greenbrier, asked the Chair that the bill’s second reference to Senate Finance be requested to be removed, since the fiscal note shows no additional cost to the state for the bill’s enaction. His request was accepted.

The committee also looked over another bill that was only up for discussion today and will be decided upon in a future meeting.

The bill on layover, SB 576, would provide an exception to waste for certain oil and gas development and encourage the efficient and economic development of oil and gas resources by providing that a lawful use of mineral property that has been consented to by two thirds of the mineral interest owners is permissible, is not waste, and is not a trespass.

Senate Finance Reports Bill to Transfer Division of Forestry to Dept. of Agriculture

Senate Committee

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March 17, 2017

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The Senate Committee on Finance reported SB 183 today.

Senate Bill 183 would transfer the Division of Forestry from Department of Commerce to the Department of Agriculture.

“What other state agencies do we have that aren’t protected by civil service?” asked Senator Facemire (D-Braxton). Council responded that there are so it isn’t out of the ordinary.

A representative of the Department of Agriculture was there to explain the fiscal note saying that the fiscal note would be the same if the bill were put into law or not as it is the cost of the operation of the service.

Senator Ferns (R-Ohio) asked if the Department of Agriculture was behind the bill. The Department of Agriculture is in favor of the bill because they believe that they can make the Division of Forestry even more effective as a program and to bring economic development to the state.

Senator Prezioso (D-Marion) asked if there would be a problem in enforcement once the transfer is complete. The representative explained that it wouldn’t be an issue as they already have enforcement powers themselves.

A representative of the Governor’s office explained that the Governor is against this legislation because he believes that the Division of Forestry should stay under commerce.

Randy Din, the current director of the Division of Forestry, said, “It is thrilling to be wanted. I am also excited about the Governor’s enthusiasm for forestry. The Commissioner of the Department of Agriculture has that same enthusiasm. Our employees though, value working under civil service. We of the Division of Forestry have been through a lot this past year, and we need some stability. Let us stabilize, we’ve been through a lot.”

A employee of the Division of Forestry said his main concern, if he were to no longer work under civil service, was wondering what would happen if there were a complaint against them. The division of forestry has the authority to go on property to stop fires and carry out some of their other duties and sometimes complications could ensue. He said he wanted to be sure that he would be protected because he was just doing his job. The division is technically law enforcement and there aren’t any other enforcement agencies that are will and pleasure employees.

The bill was reported to the full Senate with the recommendation that it pass.

The committee is now in recess until tomorrow.

Bill to Remove DOH Project Financing Limit Approved in Senate Transportation

Senate Committee

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March 17, 2017

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The Senate Transportation and Infrastructure Committee has approved two bills to be reported to the full Senate with the recommendation that they pass.

SB 414 would create the Division of Multimodal Transportation under the Secretary of Transportation and combine the employees, equipment, assets, liabilities and duties previously executed by the Public Port Authority, the state Aeronautics Commission and the West Virginia State Rail Authority.

The fiscal note shows the bill would save the state $2,250 annually.

The bill will be referred to Senate Government Organization once reported.

SB 482 would grant authority to the Parkways Authority to issue revenue bonds and refunding bonds for the purpose of financing parkway projects within the state.

Gregory Barr, general manager for the West Virginia Parkways Authority, spoke in support of the bill’s passage and answered questions from members.

Bond counsel for the Authority, Brian Helmick explained more about toll road responsibilities related to the bill.

Senator Patricia Rucker, R-Jefferson, made an amendment to the bill to increase the transparency of the discussion topics or actions of the Parkway Authority to the public at least 20 days before meetings.

The bill contains a second reference to Senate Finance once reported.

The committee will meet tomorrow at 1 p.m. in 451M.

The House Passes Bill Regarding Employer Property and Ten Others

House Floor Session

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March 17, 2017

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The House of Delegates passed 11 bills today on to the Senate.

House Bill 2546 would allow the replacement costs of employer provided property to be deducted from an employee’s final paycheck if the property is not returned.

Delegate Shott (R-Mercer) said that the bill puts in to place that an agreement would have to be made between the employer and the employee for the bill to take affect and that this puts forth a process for the receiving of the replacement cost.

Delegate Caputo (D-Marion) asked that if under the current law, if the only way to get that property back would be to sue. Delegate Shott confirmed that was the case.

Delegate Caputo was worried about the burden on the employee of having to replace the equipment. Delegate Shott assured him that it doesn’t require someone to replace the equipment, just give it back.

Deleaget G. Foster (R-Putnam), the lead sponsor of the bill, said, “There are 25 states that allow this. All the bill asks is or the property back.”

After 45 minutes of discussion, the bill passed 59-40.

House Bill 2555relates to tax credits for apprenticeship training in construction trades.

Delegate G. Foster said, “This encourages apprenticeship in our state and will result in higher quality employees.”

The bill passed with a vote of 69-30.

House Bill 2586relates to required minimum distribution of retirement benefits of plans administered by the Consolidated Public Retirement Board.

House Bill 2676 would transfer the security office under the Division of Culture and History to the Division of Protective Services.

House Bill 2694relates to the development and implementation of a program to facilitate commercial sponsorship of rest areas. The contracts would be negotiated by the Department of Highways.

Delegate Boggs (D-Braxton) asked the chair of the Committee on Finance, Delegate Nelson (R-Kanawha), if the money gained would be distributed all across the state and found that it would be.

House Bill 2739relates to supplemental Medicaid provider reimbursement.

House Bill 2766 would establish a new special revenue fund designated the Adult Drug Court Participation Fund. There is no fiscal note on the bill as it would just be a designation of certain funds.

House Bill 2811relates to the definition of above ground storage tanks.

Delegate Hanshaw (R-Clay) said, “This doesn’t change the law, only changes the definition regarding tanks in zones not of critical importance.”

Delegate Fleischauer (D-Monongalia) said, “This bill will make it so small tanks are no longer considered as tanks to be registered. The industry isn’t worried about the registration of the tanks but rather the upkeep, maintenance, and safety inspections of these tanks. In committee the bill was amended to help protect drinking water and therefore it is a good compromise.”

House Bill 2839 would update the procedures for legislative review of departments and licensing boards.

House Bill 2852relates to the preparation of a comprehensive annual financial report.

House Bill 2868 would relate generally to the Uniform Unclaimed Property Act.

On second reading were SB 302, HB 2833, HB 2898, and HB 2916. Delegate Hanshaw had a technical amendment for HB 2916.

Twelve bills were on first reading today.

Delegate A. Evans served as the House Speaker during introduction of guests.

The following committees meet today:

Finance at 2:30 p.m. in 434M.

Judiciary at 3 p.m. in 410M.

Education at 2:30 p.m. in 434M.

Government Organization at 2:30 p.m. in 215E.

Roads and Transportation at 2:00 p.m. in 215E.

Political Subdivisions at 4 p.m. in 434M.

The following committees meet Monday:

Judiciary at 9:30 a.m. in 410M.

Public Hearing on House Bill 2002 at 8:30 a.m. in the House Chamber.

The House of Delegates is adjourned until Monday at 11 a.m.