The House of Delegates convened at 8:30 a.m. to discuss legislations. There were 22 bills on third reading. Of those were the following:
HB 2346 would require the Commissioner of the Division of Motor Vehicles to conduct a study on the cost effectiveness of flat license plates; it would also require the commissioner of the DMV to issue those types of licenses plats, if the study shows they are cost effective. The bill passed the House 93-3 and will now be sent to the Senate for consideration.
HB 2515 would prohibit the relocation, removal, alteration, or renaming, of any statue, monument, memorial, nameplate, or plaque which is located on public property and has been erected for, or named, or dedicated in honor of certain historical military, labor, civil rights, and Native American events, figures, and organizations. It would also prohibit any person from preventing the governmental entity having responsibility for maintaining the items, structures, or areas from taking proper measures to protect, preserve, care for, repair, or restore the items, structures, or areas. It would establish a process by which the West Virginia State Historic Preservation Office may grant waivers under certain circumstances. The bill passed the House 73-23 and will now be sent to the Senate for consideration.
HB 2724 would establish a community-based pilot project to promote public health through comprehensive community development in communities across West Virginia, and to support this project through the Herbert Henderson Office of Minority Affairs. The bill passed 88-8 and will be sent to the Senate for more consideration.
HB 2935 would establish the state Flood Protection Planning Council and authorize certain duties; it would also establish a Joint Legislative Committee on Flooding. Delegate Stephen Baldwin (D-Greenbrier) spoke to the bill and thanked leadership for getting this bill on the agenda. He said this council is important so that we could have a plan for future disasters. Every delegate stood to vote as they remembered those who were lost in the summer flood. The bill passed 96-0 and will now be sent to the Senate for their consideration.
HB 2980 would add a $10 fee for each additional defendant plead in a multiple defendant civil action case. The bill passed 89-7 and will now be sent to the Senate for more consideration.
HB 3101 would create a misdemeanor and criminal penalties for fishing within 200 feet of DNR personnel while stocking fish into public waters. The purpose of this bill is to ensure the safety of DNR personnel while stocking waters. They have been hooked with fishing hooks because fishermen continued to fish while they were stocking. The bill passed 92-4 and will now be sent to the Senate for more consideration.
HB 3105 would close certain modernization funds and transferring funds remaining in the Licensed Racetrack Modernization Fund and the Historic Resort Hotel Modernization Fund to the General Revenue Fund of the state during the FY 2017. In 2011, the fund was put together to assist the four casinos. For every $2 spent, they received $1 in tax credit. There was $58 million set aside and $30 million was used If they didn’t use the funds within 2 years the funds would revert back to General Revenue. There are $7 million in the fund.
In regards to HB 3105, Delegate Pat McGeehan (R-Hancock) opposed the bill. He said that the Mountaineer Racetrack in his district has plans to use their money this year. While the establishment of the fund was convoluted, it is still their funding, he said. The Mountaineer Racetrack needs to make updates to remain competitive. He said if the updates cannot take place, then it may have to close. If it closes, his district would lose 11, 000 jobs.
Delegate Cindy Frich (R-Monongalia) stood in support of the bill, arguing that the state and the casinos were in a business partnership and the money belonged to the state as well.
The bill passed 50-46 and will now be sent to the Senate for more consideration.
HB 3106 would establish a maximum of seven limited video lottery terminals at a regular retail location. It would increase the number from five to seven. This would bring in revenue from permits for each machine, as well as funding from general playing of the machine. The bill passed 88-8 and now will be sent to the Senate for more consideration.
HB 3107 was on second reading today and action was delayed one day on the bill.
HB 2933 was on first reading today and Delegate Pat McGeehan (R-Hancock) moved to reject the bill on first reading. Many delegates had opinions on whether the bill should be rejected or continue on to 2nd, then 3rd reading.
Delegate Mike Folk (R-Berkeley) said, “This is a tax increase.” He then preceded to name the items that would be taxed. Food, 3 percent tax. Mobile homes, Barbers, Architects, Music Lessons, Hair Salons, and many more 5 percent tax. He said the bill proposed could set a flat income tax, but for middle/working class West Virginians it would be a tax increase of .9 percent.
Majority Leader Daryl Cowles (R-Morgan) argued that it was not a tax increase, but a fair flat rate; a lower rate, because all things we purchase would only be taxed at 5 percent. He called it tax reform; boarder and lower. “Everybody pays a little bit, but everyone pays lower.” He said “It’s a serious proposal; it is a solid idea and it should have your full consideration.” When asked if this would enhance revenue, he said it was revenue neutral. Cowles said the bill would make West Virginia competitive advantage over boarder states.
Delegate Justin Marcum (D-Mingo) argued that if it was revenue neutral, it shouldn’t even be up for debate with the budget situation we are in. He also said “If everyone got a tax break, then revenue would go down.” He said that this bill would be a tax break for the ultra-wealthy and the working middle class would be taxed more.
Delegate Shawn Fluharty (D-Ohio) said, “I think we should stop, do not pass go, and do not collect more money on the backs of hard working West Virginians.”
McGeehan said that there’s another balanced budget, HB 2908, and that the Governor’s staff has read it and likes it. He said, this bill extracts the wealth from West Virginians. “It’s a tax increase for unproductive bureaucrat spending. It’s going to hurt the poorest in the society.”
The rejection of the bill failed 44-50 and the bill will be on second reading on Monday.
The Rules Committee moved HB 3037, HB 3088, HB 2552, HB 2711, and HB 2188 from the House Calendar to the Special Calendar for first reading.
Committee Meetings Today
Finance: 15 minutes after session in 460M to discuss budget
Judiciary: 12 p.m. in 410M
Committee Meetings Monday
Government Organization: 9 a.m. in 215E
Rules: 10:45 a.m. behind the House Chamber
Roads and Transportation: 1 p.m. in 215E
The House is adjourned until 11 a.m. Monday.
