South Charleston Restricts Use of Fireworks

South Charleston City Council members have restricted the use of fireworks in the city.

Council members adopted an ordinance on Thursday that specifies when fireworks can be used.

According to the ordinance, citizens will be allowed to use fireworks on Memorial Day, Labor Day and Fourth of July until 10 p.m. They will also be allowed to set off the fireworks until 12:30 a.m. on New Year’s Eve. The ordinance will require fireworks to be set off at least 100 feet from any structure.

Mayor Frank Mullens praised the ordinance, calling it a “good piece of legislation.”

The new law takes effect immediately.

Ground-to-Air Fireworks Now Available in West Virginia

West Virginians will have access to a greater variety of fireworks under a law that debuts this week.

The law that goes into effect Wednesday allows for the use of some aerial fireworks. Those can be sold by businesses licensed by the state fire marshal and include rockets and artillery shells. Customers must be 18 and have a valid state identification.

In the past, residents had to travel out-of-state to obtain such fireworks.

Gov. Earl Ray Tomblin signed a bill into law earlier this year expanding the type of fireworks allowed.

Municipalities can regulate the use of consumer fireworks within their boundaries.

Five Bills to Watch on the Final Day of the W.Va. Legislature

This 82nd Legislature passed a slew of bills, but on the last day of the Legislative session, several big bills were still in limbo. Here’s what happened to five of them:

BONUS: Forced pooling (HB 2688).

This bill would have required certain mineral rights owners to sell to oil and gas drillers if 80 percent of surrounding owners sold. After passionate debate over property rights, the bill failed on a bi-partisan vote, 49-49, in the shocker of the last day of the session.

1. The “Fireworks” bill (HB 2646).

This bill started as a way to allow the sale of certain types of fireworks in West Virginia, but quickly grew into this year’s “Christmas tree” bill – with lots of goodies hung on it for all.

The Senate added a $1 tax on cigarettes. There’s also a provision that could allow smoking to continue at the state’s casinos and veteran’s organizations. The Senate and House have to work out several differences and figure out how to spend the new revenues, if it passes. UPDATE 11:45 p.m. Saturday: This is dead.

2. Common Core standards (HB 2943)

The House wants a repeal of Common Core standards, while the Senate is willing to give the state Department of Education more time to study possible changes. The Common Core bill is in the Senate. UPDATE 11:45 p.m. Saturday: This is dead. Expect it to be debated and studied this year.

3. Charter school legalization (SB 14)

The Legislature is considering a bill to allow charter schools in West Virginia. The Senate has passed the bill, and it is now in the House. Some House members object to a provision designed to prevent discrimination against LGBT children. UPDATE 11:45 p.m. Saturday: This is dead. We heard at one point this could become a study resolution.

4. Alternative certification for teachers (HB 2005).

This would allow Teach for America and other similar programs to operate in the state. Teacher’s unions oppose the bill, saying it would allow unqualified people to become teachers. The Senate added a provision that the new teachers could only serve in “areas of critical need,” such as special education, certain science and math classes, etc. UPDATE 10:45 p.m. Saturday: The House passed the bill 63-37. The bill now goes to the Governor.

5. Campaign Finance changes (SB 541).

This bill would increase the donation level to federal levels, from $1,000 to $2,700. The Senate added a requirement for more disclosure of so-called “dark money” from third-party groups which some House members object to on free speech grounds. House Speaker Tim Armstead says the bill is dead, so it probably is. But you never know. UPDATE 11:45 p.m. Saturday: It died.

Tobacco Tax, VA Nursing Home Revived in Fireworks Bill Amendments

Senate bills that appear to have died in the House are being revived, so to speak, by Senators. Members of the Judiciary Committee made major changes to a fireworks bill Monday.

House Bill 2646 as approved by the House would allow consumer exploding or display fireworks currently banned in West Virginia to be sold at certain retail locations.

The original bill created retailer fees on top of the sales tax and dedicated 20 percent of the collections to be split between veterans programs, the state Fire Marshal’s Office and Volunteer Fire Departments.

The Senate Judiciary Committee revised the bill to include provisions of other pieces of legislation they’ve taken up this session, starting with a tobacco tax.

The committee’s version includes a 50 cent increase in the tax starting in July of this year and a second 50 cent increase in July of next year. The tax could mean up to $130 million new in the state’s coffers so members began dividing that money between state programs, starting with Sen. Bob Williams. 

“Because this is in a fireworks bill, [I moved] to dedicate $2 million of that tax to the volunteer fire departments of the state,” Williams said.  

For the 420 volunteer departments in West Virginia, that would mean an additional $5,000 per year. His amendment was approved by the committee.

The committee also added a provision dedicating $20 million from the first year of tobacco tax revenues to build a veterans nursing home in Beckley. That project is estimated to cost $25 million in state funds.

Twenty million dollars of the revenue earned from the tax in the second year would be dedicated to building a secure substance abuse treatment facility somewhere in West Virginia. 

“I think taking $22 million out of that [tax] and dedicating to certain very worthy sources will actually increase support for the bill,” Williams said after the committee meeting.

“Folks who didn’t support increasing the fireworks side of the bill will certainly support the volunteer fire departments and the veterans and I think it will certainly help improve support for the bill.”

The committee also included provisions allowing veteran organizations, like VFWs, and race track casinos to allow indoor smoking, something banned by most local county health departments.

With so many provisions and only a few days left in the legislative session to consider them, Williams warned it could be tricky to get the legislation approved.

“This time of the legislative session every legislator should be nervous. There are all kinds of things happening in both the House and Senate,” he said.

“It is a short period of time, but this is a very important piece of legislation. Now, it’s even more important that we’ve put the tobacco tax in it. So, I think it’s one that will get some attention by the leadership to make sure that it moves through the process as quickly as possible.”

Williams expects the bill to be put in a conference committee.

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