Fiscal Note Story Archives - West Virginia Public Broadcasting

Crown Act Sparks Debate Over Fiscal Note

The Senate considered bills Friday on welfare programs, the Crown Act, oil and gas taxes, and a bill that would affect West Virginia Public Broadcasting.

The Crown Act, a bill that would prohibit racial discrimination based on certain hair textures and hairstyles, hit the Senate floor Friday.

Sen. Charles Trump, R-Morgan, is a sponsor of Senate Bill 496 and the chair of the Senate Judiciary Committee. The committee approved the bill Thursday evening following testimony from Veronica Clay-Bunch, Miss Black West Virginia.

“Whenever it comes to wearing ethnic hairstyles, sometimes we do tend to have issues with being discriminated against,” Clay-Bunch said.

The bill was read for the first time and then debate erupted.

Sen. Eric Tarr, R-Putnam, asked for the bill to be sent to the Senate Finance Committee, which he chairs. He indicated he was concerned there might be costs associated with the bill that had not been discussed.

Trump asked for evidence of the fiscal implications, and then opposed the motion to send the bill to the Finance Committee. He said it was unnecessary for the bill to go to Finance, because the bill would not increase expenses to the state.

“In fact, I think this bill, if we pass it will reduce, has a chance to reduce expenses to the state,” Trump said.

He reiterated that it is already illegal to discriminate against someone because of race in the state.

“This bill simply clarifies that if you discriminate against someone because of his or her hairstyle associated with his or her race, it qualifies as racial discrimination,” Trump said.

Sen. Mike Caputo, D-Marion, said the bill passed the Senate four years ago without a fiscal note.

“I don’t know what the motive is for moving this bill to Finance this late in the session, but I can certainly anticipate what the motive is,” Caputo said.

The Senate voted 22-12 to send the bill to the Finance Committee.

All bills have to be out of committee by Sunday, Feb. 25 to have a chance at making it across the finish line.

Senate Bill 562 expands job training requirements for Supplemental Nutrition Assistance Program (SNAP) recipients.

West Virginia has the second lowest labor participation rate in the United States, behind Mississippi.

Sen. Rollan Roberts, R-Raleigh, lead sponsor of the bill, said it would address multigenerational dependence on welfare.

“I would describe this legislation as in this bill as a compassionately structured three year plan designed to gradually wean able-bodied adults without dependent children off of SNAP benefits,” Roberts said.

There is no fiscal note on the bill. Roberts said that counties can fund these programs using opioid settlement funds.

Caputo asked for the bill to be sent to Finance. Tarr opposed the motion.

“I can’t believe what I’m hearing, quite frankly,” Caputo said.

Caputo and Tarr debated why one bill was getting a fiscal note, and another bill that would involve programs that require some form of funding was not going to the Finance Committee. Ultimately, the bill was passed by the Senate without Caputo’s motion and heads to the House for consideration.

Senate Bill 844 would directly affect West Virginia Public Broadcasting. It changes the name of the oversight committee from the Educational Broadcasting Authority to Educational Broadcasting Commission. But it also shifts the ability to select the executive director to the secretary of Arts, Culture and History.

Caputo read a letter from a constituent urging him to vote no.

“It happens to come from two of my constituents who happen to be pretty large donors to the public broadcasting system. Now, I’m not going to mention their names, but, ‘I’m writing in hopes that you will vote against Senate Bill 844. This bill will fundamentally change public broadcasting by changing it to a state commission. West Virginia Public Broadcasting is funded by donations, of which my husband and I contribute generously, and bequests. Our donations are specifically for the independent journalism provided by WVPB. We’re not going to be supporters if our donations are simply to a state commission, which can be raided by a future governor to fund other pet projects,’” Caputo read.

The bill was passed by the Senate and heads to the House for consideration.

Senate Education Committee Addresses Bus Driver Shortage

The Senate Education Committee took up a bill Thursday aimed at addressing the state’s bus driver shortage.

House Bill 2380 would clear the way for retired bus operators to resume working for their local school district without losing their benefits.

In recent years, a shortage of bus operators across the state has left school systems with no other choice than to cancel routes, interrupting students’ education.

The committee approved a functionally identical bill, Senate Bill 56, in the first days of the session, but that bill has languished in the Senate Finance Committee.

Sen. Mike Oliverio, R-Monongalia, identified a fiscal note of $250,000 attached to the Senate Bill as a potential barrier to passage.

“I think the fiscal note is completely misguided. I can’t see an additional dollar of cost of allowing a retired bus driver who comes back and subs as a bus driver, as opposed to paying somebody who’s not retired,” Oliverio said. “That retired bus driver who comes back and drives an extra 10 days maybe over the 140-day limit, he or she incurs no additional pension benefit for that so there should be no liability to the pension.”

Joe White, executive director of the West Virginia School Service Personnel Association told the committee that he and his staff were also greatly concerned by the fiscal note.

“I can only tell you what was testified in the other chamber’s finance, and that was that the amount on the fiscal note is what they put when they don’t have an answer,” White said.

Committee Chair Sen. Amy Grady, R-Mason, and a teacher, said she has seen the impact of the bus driver firsthand.

“We have these students who have missed 19 days of school this school year, that’s 19 instructional days. That’s not including days they may miss because they’re sick or they have a doctor’s appointment or something else,” Grady said. “So that’s 19 days of school just for not having a bus driver and I know if that happens at my school that happens at all kinds of other schools and I think it’s a huge problem. I would really like to get this fiscal note taken care of.”

Grady concluded by saying there would be further discussion with the Senate Finance Committee to resolve the impasse, and the committee reported the bill to the full Senate with a recommendation it do pass.

Senate Tax Reform Proposal Gets State Tax Dept. Scrutiny

Details read from a State Tax and Revenue Department Fiscal note on the multifaceted Senate tax reform plan would see a total cost of around $740 million instead of the $600 million Senate projected cost.

Indications that Senate, House and Executive branch leadership were working toward a tax reform compromise got a shake up on the House floor Wednesday.

A state Tax and Revenue Department fiscal note on the Senate tax reform plan indicated a total cost of around $740 million dollars instead of the $600 million Senate projected cost. The note also mentions several problematic references, definitions and other inconsistencies in the bill wording and methodology.

House Finance Committee member, Del. Larry Rowe, D-Kanawha, was troubled by the fiscal note.

“Basically, it would be to fund what was in Amendment 2 that was on the ballot and that the governor opposed,” Rowe said. “The bill ran in six hours. I’ve never seen that in my life, six hours from introduction to sending it to the House with this rule suspension. It came very fast. It’s also got some problems in the writing of the bill.”

Del. Marty Gearheart, R-Mercer, said that he’s not prepared to endorse a Senate plan containing property tax relief elements similar to the failed Amendment 2, such as a 50 percent equipment and inventory property tax cut for West Virginia small businesses.

“It doesn’t mean I’m not confused and maybe a little upset that we can’t get past the fact that something that we placed on the ballot, something that I supported and voted for,” Gearheart said. “However, it didn’t pass. We’ve got two and a half weeks to provide relief to West Virginians. We’ve got two and a half weeks to see to it that they pay less tax. Beyond my confusion, let’s find a way to get it done.”

Rowe said the slow-moving tax reform issue is holding up other things lawmakers need to do, like funding $85 million for passed safe schools legislation – to change the security entries at schools statewide

Report: Fiscal notes for W.Va. legislation flawed

A new report says the Legislature should change the way fiscal notes are prepared for legislation.

     The report from the West Virginia Center on Budget and Policy says fiscal notes are generally inaccurate, often biased, inconsistent and lacking in details.

     Fiscal notes are estimates of the costs of legislation. They are prepared by the state agencies that the legislation would affect.

     Forty-three of the Legislature’s 134 members responded to a survey for the report. Thirty-seven percent of the respondents said fiscal notes accurately determine the costs of legislation less than half the time.

     The report recommends that a neutral and independent entity review and finalize fiscal notes. It also recommends establishing and enforcing criteria and standards that fiscal notes must meet.