Constitutional Amendment Story Archives - West Virginia Public Broadcasting

Amendment One Passes By 1 Percentage Point

A ban on medically assisted suicide will now be part of West Virginia’s constitution.

West Virginia voters passed Amendment 1 by a single percentage point. The decision came down to 6,080 votes.

Assisted suicide is legal in ten states and the District of Columbia. Internationally, the practice is legal in several European countries, Canada, Columbia and parts of Australia.

Requirements differ, but generally, individuals must have a terminal illness as well as a prognosis of six months or less to live to be eligible.

Assisted suicide is already illegal in West Virginia, but Del. Pat McGeehan, R-Hancock, sponsored the resolution that turned into Amendment 1 during the 2024 regular session of the legislature because he believes the state’s constitution should include protections against medically assisted suicide.

Rusty Williams is an advocacy specialist for the West Virginia ACLU. The organization campaigned against Amendment 1.

“I think that it was worded intentionally to create that confusion, and unfortunately for folks in terminal situations here in West Virginia, that strategy worked,” Williams said.

McGeehan sent West Virginia Public Broadcasting a statement but declined to be interviewed. In the statement, he said the passage of Amendment 1 sets a strong example for other states to follow.

“It was a great night for West Virginia,” McGeehan said in an email statement. “I appreciate the support from the voters for Amendment One. Amendment One’s approval will help prevent the terrible scourge of euthanasia from ever gaining a foothold in our great state. Going forward, we’ve also helped set a strong example for other states to follow. God bless our people and our beautiful Mountain State.”

Appalachia Health News is a project of West Virginia Public Broadcasting with support from Marshall Health.

Assisted Suicide On The Ballot And State Senate Candidates Debate, This West Virginia Morning

On this West Virginia Morning, West Virginia voters will decide on the ballot in November whether or not to change the state’s constitution to prohibit medically assisted suicide, and a contested race for state Senate brought two candidates to the debate stage.

On this West Virginia Morning, West Virginia voters will decide on the ballot in November whether or not to change the state’s constitution to prohibit medically assisted suicide.

And a contested race for state Senate brought two candidates to the debate stage in Shepherd Tuesday evening.

West Virginia Morning is a production of West Virginia Public Broadcasting, which is solely responsible for its content.

Support for our news bureaus comes from Shepherd University and Marshall University School of Journalism and Mass Communications.

Maria Young produced this episode.

Listen to West Virginia Morning weekdays at 7:43 a.m. on WVPB Radio or subscribe to the podcast and never miss an episode. #WVMorning

Steve Williams Calls For Abortion Ballot Measure

Huntington Mayor Steve Williams has launched a petition calling for Gov. Jim Justice to include discussion of an abortion ballot measure during the special session in May.

The U.S. Supreme Court overturned Roe v. Wade in June of 2022, and West Virginia lawmakers convened a special session in September of that year in which they passed the state’s near-total abortion ban or the Unborn Child Protection Act.

The Unborn Child Protection Act, also known as House Bill 302, outlaws abortions in West Virginia except in cases when the mother’s life is in danger, or instances of rape and incest that are reported to law enforcement in a timely manner. Any abortion performed must be done so in a hospital within eight weeks for adults and 14 weeks for minors.

“Women’s reproductive health certainly isn’t a right and it’s at risk,” Williams said. “And particularly the physicians that care for these women placed their own medical license at risk in assisting with women and there’s a level of uncertainty.”

Now, Williams, a Democrat running to be governor, is calling on Justice to include reproductive freedom on the agenda for the upcoming legislative special session.

Williams said if lawmakers believe the will of the people is to uphold the abortion ban, then they should have no trouble putting it to a vote.

“This is not this is not a matter of being pro-life or pro-choice,” Williams said. “This is a matter of freedom, and we’re just simply suggesting let’s put freedom on the ballot.”

The ballot measure, if approved by a Republican governor and Republican majority House and Senate, would allow voters the chance to vote on abortion rights in the state.

Williams referred to former President Donald Trump’s stance on abortion: to let states decide

“I agree with what former President Trump said, is that let’s put it in the hands of the people and let the people speak,” Williams said.

Voters in seven states — California, Kansas, Kentucky, Michigan, Montana, Ohio and Vermont have approved abortion rights measures after they were put up for a vote. Several more states are expected to put the issue up for a vote this year as well.

Justice Announces Vehicle Tax Refund Bill

This is a developing story and will be updated.

Story updated on Oct 11 at 2:30 p.m.

In a virtual-only announcement Tuesday morning, Gov. Jim Justice said he had a bill ready to present to the West Virginia Legislature: the “Car and All-Vehicle Tax Elimination and Protection of Local Government Act.” The bill will, in essence, do away with the state vehicle tax without amending the constitution.

“Each year, all West Virginians and all West Virginia’s companies, businesses and all West Virginians who own a vehicle would receive a full dollar for dollar refund for personal property taxes paid to the county sheriff’s in 2022,” Justice said.

Justice said getting rid of the state car tax takes away the “bait” of voters passing Amendment 2 on Nov. 8. The amendment would give the legislature the authority to consider reforming property taxes, including the vehicle tax and the business, machinery and inventory tax.

Republican leaders in the West Virginia Senate are campaigning to pass the amendment, urging voters to consider the plan to remove the two property taxes and use surplus revenues to keep county schools and services funded.

Justice has been traveling the state, campaigning against Amendment 2, saying the Senate plan will doom West Virginia counties to financial ruin.

Justice said this act will return approximately $145 million to taxpayers and it applies to this year’s tax.

The bill authorizes a tax credit against the personal income tax, or the corporation net income tax, as applicable, in the amount of ad valorem property tax timely paid during the income tax taxable year on specified motor vehicles. The credit is retroactive to taxable years beginning on and after January 1, 2022.

A Statement from Senate and House Democratic Leaders Regarding Governor’s Tax Relief Proposal reads; Inflation is real. People are hurting now. We fully support eliminating the car tax to help our people. Democrats proposed this idea back in March of 2021. We are glad Governor Justice is with us in eliminating the car tax. Why wait any longer? Let’s do it now. We call on the WVGOP to join us in providing immediate tax relief for the people in a special session.

Preview: W.Va. Property Tax Amendment On November Ballot

A proposed constitutional amendment on the ballot this November will give the West Virginia Legislature authority to remove or reduce a variety of county level property taxes.

West Virginia Public Broadcasting previewed the ballot measure, looking at concerns on how passage would affect the state economy, essential services and its taxpayers.

The proposed amendment provides the legislature with the authority to exempt tangible machinery, equipment and inventory used in business activity – and personal property taxes on motor vehicles from property taxation.

Del. Wayne Clark, R-Jefferson, was a sponsor of House Joint Resolution 3 that put the amendment proposal on the ballot. He said voters need to understand a yes vote does not make any property tax changes, but gives the legislature authority it did not have to consider and propose changes.

“What we do after that, that’s going to be Senate and House Finance Committee Chairman (Eric) Tarr and (Eric) Householder’s process of where we want to look, at what taxes to maybe move or reduce,” Clark said. “I think the county commissioners think, ‘Oh, well, we’re just going in there to take away your money,’ and that’s not true. They don’t understand that the amendment has to be passed, so that the legislature can look at making changes to the tax code.”

Sean O’Leary is the senior policy analyst with the West Virginia Center on Budget and Policy. He said these property tax cuts are something the legislative Republican leadership and caucus has been attempting for years.

“The plan the previous year was they were just going to go ahead and exempt it,” O’Leary said. “But when they couldn’t come up with a way to pay for it, the amendment was tweaked a little bit to say, well, we’ll be allowed to do it. And we’ll figure out something later.”

Both sides agree eliminating the business equipment and inventory tax and the motor vehicle tax could cost schools, local and county governments more than $500 million in lost revenue. Clark said the plan on how to replace those funds will be part of the legislative process.

“I’ve heard several different ideas. And that’s all they are – ideas,” Clark said. “What if we had to raise the food tax? Or what if we had a meal tax? Or what if we increased the hotel-motel tax or something, there’s all kinds of things. People are going to have to really trust in the abilities of Chairman Tarr and Householder and their understanding of what the budget is and trust that they’re going to come up with the best solution. How we’re going to make counties whole, I don’t know. But right now, the main goal is – let’s get this thing passed so we can at least start looking.”

O’Leary said the lost revenue would devastate local and county services and significantly shift decision making power from local to state government.

“These cuts account for 27 percent of total property taxes and that’s the bulk of funding for local governments that really rely heavily on property taxes,” O’Leary said. “In some counties, it’s even greater, up to more than 30 or 40 percent of their total revenue. A lot of this money goes to those excess levies that directly fund libraries, EMS services, fire protection, senior centers. That money is earmarked and if that base is taken away they have to redo all of those excess levees, all of those bond levees to make sure that the revenue is still there.”

Clark said maintaining a machinery and inventory tax puts West Virginia at a competitive disadvantage in recruiting and retaining businesses

“You take a company like Toyota or any auto manufacturer – once that car is made, it’s taxable, it’s inventory. You have an $80,000 car sitting on a lot,” Clark said. “The Green Power bus folks, I have no idea what an electric bus is going to cost to make. Let’s say they make 20 of them and they’re $100,000 each. Well, they’re paying taxes on something that’s not even sold, it’s just sitting there. So yes, it’s going to attract new businesses here. It is a deterrent right now for businesses to move into the area.”

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O’Leary said neighboring Ohio got rid of its manufacturing personal property tax and it did nothing for manufacturing growth in that state. He said West Virginia property taxes are some of the lowest in the country, and the answer is to not make any cuts and use our tax revenues wisely.

“The solution is to take that tax revenue and invest it in ways that make West Virginia attractive and this is exactly what it does,” O’Leary said. “This money goes to schools, this money goes to public safety, this money goes to local infrastructure. We all want those things. Those things attract businesses. So why would we take that away? Why would we take away the resources that are funding the things that make West Virginia attractive?”

Voters will say yes or no to the officially titled “West Virginia Authorize Tax Exemptions for Vehicles and Personal Property Used for Business Amendment” on the election day, November 8, 2022.

W.Va. Delegates Introduce Environmental Constitutional Amendment

Democrats in West Virginia’s House of Delegates Monday proposed an amendment to the state constitution’s Bill of Rights that would specify a clean environment is a constitutional right.

Thirty-two Democratic Delegates cosponsored an Environmental Rights Amendment. House Joint Resolution 25 states that access to clean air and pure water is the right of all West Virginians.

The amendment is modeled after a paragraph that’s been in the Pennsylvania Constitution for decades.

Lawmakers sponsoring the amendment argue a healthy environment is critical to the state’s economy.

“The best way to diversify our state’s economy is to create jobs that also protect the environment,” Delegate Evan Hansen (D-Monongalia), lead sponsor of the resolution, stated in a press release. “We can grow our population and our industrial base while keeping the water we drink and the air we breathe clean.”

In a release, the lawmakers highlight the state’s growing tourism industry and Charleston’s water crisis in 2014, which led to closure of many small businesses, and migration of a portion of the population.

If the resolution passes the state House and Senate, the amendment would be placed on the November 2020 General Election ballot for voters to decide.