2017 Legislature Story Archives - Page 2 of 3 - West Virginia Public Broadcasting

The Latest on WVPB in State Budget

Many supporters are asking about state funding for West Virginia Public Broadcasting. Here’s an update as of Sunday, April 16.

The House and the Senate have passed a budget that would reduce state funding for West Virginia Public Broadcasting by 22 percent, or $1 million dollars.

That would be a $3.6 million state appropriation in a $9 million total budget. (This reverses the Senate’s original proposal, which zeroed out state funding for WVPB.)

Gov. Jim Justice has requested WVPB be funded at the same level as this year – $4.6 million. Justice’s original budget contained no state funding for WVPB, but he revised that request to full funding in a letter to lawmakers in March.

On April 13, Justice vetoed the budget passed by the Legislature.

If WVPB’s state funding is reduced by $1 million, these are some of our cost-saving options.

Now, all three sides (House, Senate and Governor) will continue negotiations to reach an agreed budget.

What does this means for WVPB? All funding levels are still on the table, and would be decided before and during a special session. That special session is expected sometime before the constitutional deadline of July 1.

The Friends of West Virginia Public Broadcasting plans to continue its “Back in the Budget” campaign until a budget bill is signed.

Also, you’ll continue to see and hear “Protect WVPB” stories on the radio, TV and social media. Check out our playlist.

An unprecedented number of WVPB supporters have called and emailed lawmakers, according to House Finance Chairman Eric Nelson in a speech to fellow House members.

“I’m not sure if I’ve received more emails and calls than on this one particular line item. Unbelievable,” Nelson said.

Nelson defended WVPB in response to an amendment from Del. Marty Gearheart, R-Mercer, that would zero out funding for WVPB.

“They provide a very valuable resource,” Nelson said. “This is where Mountain Stage is, too. You talk about something that is out there promoting the state of West Virginia; this resource right here.

“One thing that is also talked about, they own a bunch of towers to help put signals out. They have other services…

Roll call vote on House Amendment to eliminate state funding for WVPB. It was defeated, 88-10.

“This is a very solid entity. I urge rejection of the gentleman’s amendment, so we can continue this service,” Nelson said.

A total of 88 delegates voted to keep WVPB back in the budget – 10 members voted to eliminate funding.

The House bill that would have eliminated the Office of the Secretary of Education and the Arts (OSEA) failed to pass the Senate. WVPB is governed by the Educational Broadcasting Authority, which according to state code “is part of the Department of Education and the Arts for purposes of administrative support and liaison with the office of the Governor.”

Finally, Governor Justice has expressed interest in transferring WVPB from a state licensee to one governed by a land-grant university such as WVU. No bill has passed the Legislature to transfer the licenses from the state to WVU or any other entity. The Educational Broadcasting Authority has recommended this issue be studied in depth, with recommendations and options returned to the Legislature, Governor and other interested parties.

Lawmakers Back Sunday Hunting

West Virginia lawmakers have voted to allow Sunday hunting on private land across the state with the written consent of the owner.

The House has voted 92-5 for the bill that bars counties from prohibiting Sunday hunting.

The Senate passed similar legislation in March.

Judiciary Committee Chairman John Shott says the purpose is to establish statewide uniformity.

Currently 33 of West Virginia’s 55 counties allow it, while 22 disapprove.

Shott says the new law wouldn’t affect hunting seasonal and licensing restrictions.

Legislature Advances Curbs on Sharing Explicit Images

West Virginia's House has voted to make it a crime to publicly display, distribute or threaten to disclose sexually explicit or intimate images of someone…

West Virginia’s House has voted to make it a crime to publicly display, distribute or threaten to disclose sexually explicit or intimate images of someone else without their consent.

Judiciary Committee Chairman John Shott says the purpose is to criminalize “revenge porn.”

The Senate voted 31-0 in February to pass the bill.

It would establish a misdemeanor subject to fines of $1,000 to $5,000 and up to a year in jail.

A second offense would be a felony, punishable by up to three years in prison and a fine ranging from $2,500 to $10,000.

The House has amended it to include language on intent so it applies to public posting of those private images intended to harass, intimidate, threaten or profit from it.

Senate Budget Relies on Cuts to Public Schools, Higher Ed & Health Programs

Senators voted 20-14 Wednesday, approving their Senate plan for the 2018 fiscal year.

The bill, which contains no new revenue or a draw down from the State’s Rainy Day Fund according to Senate Finance Chair Mike Hall, relies on about $160 million in cuts to government spending.

Hall explained to his chamber Wednesday that the bill takes into account the additional $43 million the state will save from smoothing payments to the teachers retirement system—a process that allows for a smaller payment next year in return for larger payments in the following two.

The bill relies on a Senate Bill yet to be approved by the House that cuts public school spending by almost $80 million, replacing the revenue by increasing property taxes at the local level.

It maintains the 2 percent across the board cuts to many state agencies implemented by former Gov. Earl Ray Tomblin in November, but also cuts the Department of Health and Human Resources by almost 4 percent, higher education by $41.5 million, and zeros out some state agencies and programs, including West Virginia Public Broadcasting.

“I’ve been here a long time and I’ve never seen a budget so cruel,” Senate Minority Leader Roman Prezioso said on the floor Wednesday. The former finance chair says the Senate’s budget proposal hurts some of the state’s most vulnerable populations: children, seniors, and the disabled.

The cuts to the DHHR were criticized by several Democratic members of the body because most of those dollars are matched by the federal government.

The Senate budget reduces programs like the home health care reimbursements for seniors and disabled West Virginians, zeroes out the tobacco cessation program, and will result in the loss of more than $100 million in federal funding, according to Prezioso.

“There’s nothing that stabilizes our budget or protects our bond rating,” Democratic Sen. Ron Stollings said during a floor speech. “This does not grow or diversify the economy or fix our roads and this budget accelerates the growth of future healthcare costs.”

Hall said he understands the cuts are difficult, but the bill is the start of the budget negotiating process.

“These are not things that I personally want to see happen, but at this point, it’s just a matter of the constraint of the numbers,” Hall said. “I just heard you all describe a myriad of cuts that are painful. I don’t disagree with that at all and pretty Draconian, I don’t disagree with that. That’s why I said this is not the final destination and I know it’s not a pretty picture to make it the Senate budget.”

Other Republican members of the chamber argued that the budget does exactly what the people of West Virginia want- forces the state to live within its means.

“This budget does impose some burdens, either way we do it, right? Whether we raise taxes or try to live within our means,” Senate President Mitch Carmichael said in a floor speech Wednesday.

“We could make the argument that we could spend more. We could continue to spend more and it would alleviate the pain and suffering of more people. Where do we stop as a society? We have to control the spending.”

The Senate approved its budget on a 20 to 14 vote with two Republicans, Senators Mike Maroney and Jeff Mullins, joining Democrats to oppose it.

The bill, which is very different from the House’s approved version, will likely go to a conference committee.

Greyhound Racing's Days Could be Numbered in State

The days of dog track racing could be numbered in West Virginia.

At the state’s two tracks, there are usually more dogs than there are spectators. The tracks are among the last remaining greyhound racing facilities in the U.S. The races could soon end if the governor signs a bill doing away with state subsidies that benefit breeders and handlers at racetracks.

Lawmakers say the $14 million used to pay the breeders and handlers who do well in races could instead address a state budget shortfall expected to reach as much as $500 million next fiscal year.

West Virginia started the subsidies for the racing industry when slot machines and table games arrived in the 1990s.

House Votes for W.Va. Medical Cannabis Act

The House of Delegates has passed a Senate bill that would legalize medical marijuana in the state. But the bill has seen a number of changes since the 28 to 6 vote last week in the upper chamber.

During a late night floor session Monday, delegates voted on a handful of amendments to Senate Bill 386, including a committee substitute that completely replaces the Senate’s version of the bill with one sponsored by House Judiciary Chairman John Shott of Mercer County.

Senate Bill 386 would now put the West Virginia Medical Cannabis Act under the control of the West Virginia Department of Public Health. It would create a 6 percent excise tax on marijuana and pushes the rollout date back one year to July 2019 instead of the Senate’s July 2018 implementation date.

The latest version of the bill does not allow distributors to sell forms of the drug that can be smoked or eaten, but does include prescription oils, pills, or patch versions and a form that can be vaped. Judiciary Chair Shott says the bill would allow patients to make their own baked goods using the oils. Medical marijuana would also not be covered by Medicare or Medicaid.

Delegate Shott has called this version of the bill a cautious approach to a controversial issue.

Delegate Tom Fast, a Republican from Fayette County, spoke in opposition to the bill as it was put to a final vote Tuesday. He argued since it is still classified as an illegal drug by the federal government, states shouldn’t make their own rules about using medical marijuana without the Federal Drug Administration’s approval and guidance.

“We’re declaring that we are no longer a state under the law,” Fast said, “We’re just going to join 28 other states and say we’re not going to obey the law. That makes no sense to me. If 28 people are gonna jump off a bridge, are you gonna jump off the bridge with them? Are we a nation of laws or are we not? That is the decision that you are faced with today.”

Republican Charlotte Lane of Kanawha County, who introduced her own bill this session to legalize medical marijuana that was never taken up in a committee, says this bill is a step in the right direction.

“People might not be 100 percent happy with it, but folks, this is a lot further than we ever thought we would get this session,” Lane noted, “and we all know people who are sick that can benefit from this or might benefit from it. Now, yes you can talk about maybe we should wait for the Federal Drug Administration, well folks, if you’re dying, it doesn’t matter. So, if something can make you feel better and ease those last days, last weeks for the patient, and for the members, then we ought to pass it.”

Many supporters of the bill have said legalizing medicinal use of the drug could help veterans suffering from PTSD. But Delegate Roy Cooper, a Republican from Summers County argued the legislation will just add another substance to the list of drugs that are abused in the state.

“The veteran’s suicide issue can be answered by the paper in my hand. We’ve now prescribed to veterans ever how many’s on this page; Prozac, Zoloft, sinequan, Wellbutrin, Valium, Ambien, Xanax, morphine, fentanyl, codeine, Ultram, Percocet, Vicodin – veterans are getting these pills shoved in their hands at veterans hospitals all over the country in combination with each other. That’s where our suicide issue’s coming from with veterans,” Cooper explained, “Now, so we put another drug out there and say, okay, you can take that on top of all this other stuff and then go ahead and drink a little alcohol with that. It’s a deadly cocktail folks; a deadly cocktail.”

Delegate Gary Howell, a Republican from Mineral County, supported the bill.

“I’m not a doctor, and I don’t know all of the medical benefits; I don’t know all the medical downsides, but I do know that people in the end of life; it gives them hope;” Howell said, “they’ve tried many other things, it hasn’t worked. They know this won’t cure their problem, but it will make ‘em a little bit more comfortable, and if you’ve been with someone at the end of their life, you want them comfortable, and that’s why I support this bill.”

Judiciary Chair Shott pointed to a study from the American Medical Association, that argued there was “high quality evidence” medical marijuana has done a lot of good for sick and dying patients.

“So shouldn’t we give, based on studies like this, shouldn’t we give our physicians the authority to use that type of tool to help their patients? And that’s really what we’ve done, and we’ve instilled in this structure protections to be sure this is not abused and is used properly,” Shott explained, “and for that, ladies and gentlemen, I strongly urge that we give our physicians this tool, that we pass this bill and provide some relief for those who can benefit from it.”

After an hour of debate, Senate Bill 386 passed 76 to 24 and now heads back to the Senate for consideration. If the Senate approves the bill, the West Virginia Medical Cannabis Act will head to the governor for a signature, but if the Senate refuses the House changes, the bill will go to a conference committee.

Governor Jim Justice has said he could support medical marijuana in the state.