2016 Legislative Session Story Archives - Page 3 of 15

Legislature Gets Ever Closer to Approving the Brunch Bill

A bill to bump up alcohol sales on Sundays from 1 p.m. to 10 a.m. is moving in the House even after Speaker Tim Armstead said it wasn’t a priority this session. Businesses across the state have cried out for the bill’s approval, calling it an economic development measure.

Earlier this week, House Judiciary amended Senate Bill 298 in committee; a bill that has been affectionately referred to as the “brunch bill” to include a provision requiring county voters approve of the time change through a referendum.

As approved by the Judiciary Committee, the bill would not require county commissioners to hold elections to allow the sales, only permit such measures on a ballot.

The full House voted on the amendment to the bill Thursday, but with some debate.

Democrat Isaac Sponaugle of Pendleton County spoke in opposition to the change.

“Now we are trying to run it back down and have all 55 counties put a referendum vote on whether to decide or not we’re going to have sale of alcohol at restaurants from 10 to 1 a.m.,” Sponaugle said, “We’re just moving it back three hours. I believe this body is fully capable of making a decision for the entire state of whether or not we’re going to move the drinking time back three hours without putting on the ballot in all 55 counties.”

Vice Chairman of Judiciary, Delegate Patrick Lane of Kanawha County spoke in favor of the amendment and said what passed in the Senate would likely not pass in the House.

“I certainly understand the point made from my friend from the 55^th; however, I would suggest that regardless of what the form was in when it passed the Senate, I would suggest to you that if you are interested in having a brunch bill that this is the form that ought to be adopted, because I would suggest that while it may have been unanimous or close to it in the Senate, it would be very far from unanimous or close to it in the House, so if you prefer to have this bill at all, I would suggest adoption of the Judiciary amendment,” Lane explained.

The amendment passed 58 to 38.

Senate Bill 298 will be up for a vote in the House Friday.

The county referendum was not a part of the bill as approved in the Senate so if approved in the House, it will have to return to the Senate for further consideration. The bill’s lead sponsor, Senator Chris Walters, has said he would prefer the bill allowed counties to opt out of the Sunday morning sales, but there is no official word from Senate leadership that the change will be considered.

West Virginia Legislature Votes to Reverse Tomblin's Veto of Abortion Ban Bill

The West Virginia Legislature has voted to reverse Governor Tomblin’s veto of a bill to ban a certain second-trimester abortion method.

Senators voted 25 to 9 Thursday morning, while House members voted 85 to 15 during an afternoon floor session to overturn the veto.

Tomblin vetoed Senate Bill 10 Wednesday evening. In his veto message, the governor said the bill was overbroad and “unduly burdens a woman’s fundamental constitutional right to privacy.”

The bill bans dilation and evacuation abortions unless the physician first stops the heart of the fetus. The bill does not prohibit the abortions in cases of medical emergency.

There are no criminal or civil penalties included in the bill, but doctors who perform the method could lose their physicians licenses.

Those opposed to the bill have said it interferes with the doctor-patient relationship and takes away the safest option for women.

“Quite honestly, a second trimester abortion is something that’s troubling to most of us, myself included,” Sen. Corey Palumbo said on the floor, “but this bill has been found unconstitutional in two states, but beyond that, we’re saying the safest procedure cannot be. We’re requiring them to do the less safe procedure that we’ve been told is sometimes impossible.”

Similar laws have been deemed unconstitutional in Kansas and Oklahoma.

Senate GOP Rejects 7 Tomblin Appointees

West Virginia Republicans have rejected seven of Democratic Gov. Earl Ray Tomblin’s appointees, including prominent Democrats and labor leaders.

The Senate Confirmations Committee dropped them from consideration Wednesday, angering Democratic senators. Tomblin spokesman Chris Stadelman said the governor was disappointed.

State Democratic Party Chairwoman Belinda Biafore was rejected for the Women’s Commission. GOP Senate President Bill Cole said many senators considered it inappropriate for a political party chairwoman to serve on a nonpartisan board.

Kenny Perdue, state AFL-CIO president, was rejected for the Workforce Investment Board.

Democrat Elaine Harris, independent Michael Smith and Republican Troy Giatras were rejected for the Public Employees Insurance Agency board.

James Frio was rejected for the Auctioneers Board and Athletic Commission.

Anna Dailey withdrew consideration for the State Personnel Board.

Cole said senators considered 454 nominations.

Tomblin Vetoes Ban on Second Trimester Abortion Method

A West Virginia push to ban a second-trimester abortion method has been vetoed.

Democratic Gov. Earl Ray Tomblin on Wednesday nixed the measure that would ban the commonly used abortion practice.

He cited concerns about constitutionality and patient safety. Courts blocked similar bans that Kansas and Oklahoma enacted in 2015.

The Republican-led Legislature passed the bill alongside some Democrats.

Lawmakers can override the veto with a simple majority of both chambers.

The bill would ban dilation and evacuation method abortions unless the doctor already had caused demise of the fetus. It wouldn’t ban the method in cases of medical emergency.

There wouldn’t be criminal or civil penalties, but physicians could potentially lose their medical licenses.

Last year, lawmakers overrode Tomblin’s veto of a ban on abortions 20 weeks after conception.

House Passes TANF Drug Testing Bill

The House of Delegates passed a bill Wednesday that would require drug testing for recipients of Temporary Assistance for Needy Families.

Senate Bill 6 passed 91 to 8 in the House. The bill requires the West Virginia Department of Health and Human Resources to apply for permission from the federal government to begin a drug screening and testing program.

In that program, applicants for Temporary Assistance for Needy Families, or TANF, benefits could be tested if there’s “reasonable suspicion” those applicants are using drugs or if they’ve been convicted of a drug crime in the past three years.

The bill creates a three strike system within the program. After one failed drug test, the TANF recipient does not lose any benefits, but must enter a rehabilitative or workforce training program. After the second failed test, the recipient loses benefits for one year or until completion of the workforce or rehabilitative program. After a third failed test, he or she loses benefits for life.

In any step in the process, the benefits given to children in the home will not be taken away. The DHHR is required to find another adult to distribute the benefits to, just like they do in other programs.

Those in opposition to the bill argue it’s singling out low-income people, while those in support say it will help those who struggle with drug abuse and ensure state dollars are being used honestly.

Democrats attempted to amend the bill on Tuesday evening, however all four proposed amendments were rejected or ruled not relevant to the bill.

The bill did see two amendments from the House Judiciary Committee, so the bill will go back to the Senate for consideration before being sent to the Governor’s desk.

In a recent poll of likely West Virginia voters, 77 percent supported drug testing welfare recipients.

House Rejects Four Amendments to TANF Drug Testing Bill

The House of Delegates will vote on a bill Wednesday that would require drug testing for recipients of Temporary Assistance for Needy Families.

Senate Bill 6 requires the West Virginia Department of Health and Human Resources to apply for permission from the federal government to begin a drug screening and testing program.

In that program, applicants for Temporary Assistance for Needy Families or TANF benefits could be tested if there’s “reasonable suspicion” those applicants are using drugs or if they’ve been convicted of a drug crime in the past three years.

Delegates considered four amendments to the bill during a floor session Tuesday night. All four amendments were proposed by Democrats.

1. The first amendment would have removed marijuana from the list of drugs that could cause an applicant to lose his or her benefits. This bill was rejected.

The second and third amendments were ruled not relevant to the bill —

2. The second amendment would have required state lawmakers to be drug tested. If a legislator would have failed that test, he or she would have been required to enter a drug treatment program and would lose their pay.

3. The third amendment would have expanded the drug testing program beyond just those who are applying for TANF benefits to any person who is applying for funding from the state, including the officers of private companies.

But both amendments were ruled not relevant by House Speaker Tim Armstead.

4. The final amendment considered would have required the DHHR to obtain a warrant for the drug test from a judge. However, this amendment was also rejected.

Senate Bill 6 will be up for a vote in the House Wednesday.

A recent poll of likely West Virginia voters found 77 percent supported drug testing welfare recipients.