House Passes Bill Increasing Penalties for Littering

Lawmakers in the House have approved a bill that would increase the penalties for littering in the state.

Littering on public or private property in West Virginia is already a misdemeanor, but House Bill 2303 increases the fines and community service hours associated with it.  

Fines in the bill are subject to the amount of trash a person disposes of improperly and are decided by a judge. They range from 100 to ten thousand dollars. The maximum amount of community service hours also increases in the bill to 200 hours, with a minimum of 8 required.

Delegate Rupie Phillips of Logan County, the only Independent member of the state Legislature, is the lead sponsor of the littering bill. He said he feels the penalties are reasonable, but wishes they were even stronger.

“If I was in committee, I woulda stood stronger on a stiffer bottom dollar than where they went,” Phillips noted, “but like I said, we got a bill out, and it raised; the community service I mean, to go from just a few hours to possible 100 hours or possible 200 hours, I mean, just whatever. It’s just like I said, let’s just make West Virginia shine.”

The bill ultimately passed 95 to 3.

Delegates Push for Transparency in Legislative Fundraising

Members of the House are considering a bill that changes the way lawmakers report political donations during the legislative session.

House Bill 2319 would require candidates running for legislative offices, or their candidate committees, to disclose any fundraising they do during the legislative session to the Secretary of State’s Office within 5 days of the fundraising event.

Delegate Jill Upson, a Republican from Jefferson County, is the lead sponsor of the bill.

“Constituents, they want to know what we’re doing,” Upson explained, “they want to know who’s influencing us, so even though receiving contributions during the session isn’t illegal, people just ought to know who we’re receiving money from.”

Upson says it’s not an issue she’s seen among her legislative colleagues, but it’s a law she feels ought to be on the books.

“I just think transparency is important,” she said, “I mean, we do have an issue with people saying they just don’t trust their representatives, and so this is just one way to rebuild that trust.”

House Bill 2319 will be on second reading Friday and eligible for amendments.

House Tries Again to Aid the W.Va. Schools for the Deaf & Blind

During both the 2015 and the 2016 state Legislative sessions, the House of Delegates pushed a bill that would make the West Virginia Schools for the Deaf and Blind eligible for funding from the West Virginia School Building Authority, or SBA. In 2015, it was vetoed by then-Governor Tomblin, and in 2016, it never made it out of the Senate’s Finance committee. Now, members in the House are trying once again this year, with House Bill 2123.

The Schools for the Deaf and Blind are located in West Virginia’s Eastern Panhandle in the small town of Romney. They serve Pre-K to twelfth graders from all over the state. But over the years, the campus and its buildings have fallen into disrepair.

As state-owned schools, they don’t have the ability to raise their own funds through bonds or levies like a county school system to help pay for construction, repairs, or building upgrades. They also aren’t eligible for funding from the SBA, a government agency that awards additional state dollars to counties to help pay for capital improvement projects.

House Bill 2123 is the House of Delegates’ third attempt to change that eligibility.

Delegate Paul Espinosa of Jefferson County is the House Education Chairman. His committee took up the bill Wednesday.

“One of the things that’s become very apparent is members have actually toured the facilities at the Schools for the Deaf and Blind, is that there are significant capital needs that are necessary in order to bring those facilities up to a level that is conducive to a positive education environment,” Espinosa said.

Administrators at the Schools for the Deaf and Bind estimate they need $1.5 million to update their current facilities through new construction or repairs. Over the past two sessions, lawmakers have been reluctant to just appropriate those funds straight out. But making them accessible through the existing SBA funding, Espinosa says, could be a good option. 

“This just kind of addresses that gap that has been created over time where the Schools have not perhaps received the funding that’s necessary in order to address their capital needs,” Espinosa explained, “It would make them eligible to participate under the School Building Authority program.”

The House Education Committee voted to advance the bill Wednesday. It now goes to House Finance for further consideration.

House Passes Its First Bill of 2017 Legislative Session

The House of Delegates voted on its first bill of the 2017 state Legislative Session Wednesday – one of many ethics bills expected to move through the chamber this year.

House Bill 2006 increases the penalties for someone who violates West Virginia’s Whistle-Blower Law.

The law protects a public employee who comes forward to alert authorities, or blow the whistle, on an employer who’s involved in an illegal activity. If that employer retaliates against the employee for doing so, current law says they could be suspended from work and also be expected to pay a fine of up to $500.

The newly passed bill, however, strengthens those penalties and makes it possible to terminate the employer from his or her position and also pay a fine of as much as $5,000.

Delegate John Shott of Mercer County is the House Judiciary Chair.

“It also makes it clear that this is a personal fine against the person that up to $5,000 fine is a personal obligation of that person and not of the entity; the governmental entity that employs that person.”

The bill also puts the control for making the decision regarding termination in the hands of the public agency instead of a judge.

House Bill 2006 passed 98 to 0.

Children & Family Advocacy Groups Push Legislative Agenda

Children of all ages from across West Virginia gathered at the Capitol yesterday for the Our Children, Our Future campaign’s fourth ‘Kids and Families Day.’ Created in 2014, the group puts together an annual legislative platform which this year includes 12 policies they think would improve the lives of West Virginia working families. Here’s a look at three of those proposals:

State Earned Income Tax Credit:

This year, the Our Children, Our Future Campaign wants the state to create an earned income tax credit. The federal government already offers a similar tax credit for working, low-income families. It comes in the form of a refund that comes around tax time every year. It’s meant to provide families with a lump of cash that could help them get ahead financially.  Advocates say a state version would not just help families, but also the economy since most families use that money to purchase necessities.

Carry Jo Grace is the Regional Organizer for the West Virginia Healthy Kids & Families Coalition, and she’s also a mom. She spoke at the Our Children, Our Future event at the Culture Center Tuesday. She explained how much the federal earned income tax credit has helped her family.

“Getting a few hundred or a thousand dollars from the federal government, because we were a hard working family, meant that we could do things like buy our own washer and dryer and not have to truck off to the laundromat every week,” Grace said, “It meant that we could do things like pay for our kids to go to a day camp in the summer time when I was taking classes, instead of trying to find neighbors who could babysit the kids while I went to class.”

Grace says other families like hers would benefit even more if West Virginia had its own version of the tax credit.

300 Rural Community Centers:

The Our Children, Our Future Campaign also wants state lawmakers to use public schools to help create community centers throughout the state. The proposed legislation looks for ways to provide extra money for staffing, so community schools could remain open and provide resources for local children in the afternoon and the evenings. Advocates say the community centers would help kids stay more engaged in their communities and away from drugs or other illegal activities.

Second Chance for Employment Act:

Our Children Our Future Campaign is also reintroducing the second chance for employment act. The act was introduced into the House last year. It provides a way for some convicted felons to have their record cleared after serving their time in prison.

Democratic Delegate Mike Pushkin of Kanawha County is the lead sponsor of the bill. He says the bill will allow people to go back to work and provide for their families

“When you’re talking about these folks that need to get back to work, a lot of them have kids, and they’re better able to provide for their kids, you know, with better jobs,” Pushkin noted.

Chris Kimes is the Government Relations Director for the Our Children, Our Future Campaign.

“Sometimes people get kind of caught off guard when we talk about tax or jobs or different things with child poverty, you know, all this funnels in, because this is opportunity,” Kimes explaines, “We know in West Virginia, if we’re gonna increase our workforce participation rates, if we’re gonna increase companies and jobs in West Virginia, education’s a key to that, and right along with education is the fact of a healthy workforce.”

In the past four years, 21 pieces of legislation advocated for by the Our Children, Our Future Campaign have passed out of the West Virginia Legislature.

House Bill Would Strengthen Whistleblower Protections

Leaders in West Virginia’s House of Delegates say they plan to strengthen a number of ethics laws in West Virginia this legislative session. The first piece of legislation making its way through that chamber this year is House Bill 2006, increasing penalties for violating the state’s Whistle-Blower Law.

A whistleblower is someone who notifies the authorities when a person or organization they work for is involved in some kind of illegal activity. West Virginia’s Whistle-Blower Law protects a public employee from retaliation after coming forward about abuse from his or her employer.

House Judiciary Chairman John Shott, of Mercer County, is the bill’s lead sponsor. He says the penalties currently on the books for an employer who violates this law – or retaliates against the employee doing the whistleblowing – is a fine of up to $500 as well as a suspension from his or her job for up to six months. But Shott says House Bill 2006 changes that.

“It gives them a greater penalty, and it also increases the monetary penalty from $500 to $5,000, but it takes it out of the hands of the judge except to make a finding, and puts it back in the hands of the public agency to take the action against the offender,” Shott said.

The bill makes it clear that the offender would have to personally pay the fine. Instead of the six month suspension, the bill gives the public agency the option to completely terminate any employee who tries to discourage or punish a whistleblower.

“A person who reports misconduct or waste should not be retaliated against,” Shott said, “and this just strengthens the protection of those people so they feel comfortable coming forward if the penalties for someone who retaliates against them are strengthened.”

Delegate Barbara Evans Fleischauer, of Monongalia County, is the Minority Chair for House Judiciary. She says she thinks the bill is a great improvement, adding her name to the legislation as a co-sponsor.

“If we have somebody that comes forward and says there’s fraud, there’s abuse going on, and then they’re retaliated against, I think they’re doing something that helps the public, and so I think that making the person who is retaliating personally liable is the way it should be,” Fleischauer noted, “The taxpayers shouldn’t have to cover the cost of the fine. I think it’s a really good bill.”

Fleischauer says this bill is an example of how legislators can work in a bipartisan way to create better policy in the state.

Chairman Shott says this ethics bill will be one of several to come before the House this session.

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