Cutbacks In The U.S. Postal Service And A Reporter Roundtable On This West Virginia Morning

On this West Virginia Morning, the United States Postal Service (USPS) held a public hearing in Charleston last week where officials discussed their plans to downsize a local mail processing facility. But union representatives came away from the hearing with questions left unanswered. Now, they say their trust in the USPS has only further eroded.

On this West Virginia Morning, the United States Postal Service (USPS) held a public hearing in Charleston last week where officials discussed their plans to downsize a local mail processing facility. But union representatives came away from the hearing with questions left unanswered. Now, they say their trust in the USPS has only further eroded. Jack Walker has the story.

Also, in this show, in our most recent episode of The Legislature Today, we had our weekly reporter roundtable. Last week, Brad McElhinny from West Virginia MetroNews joined Randy Yohe and Curtis Tate in our studio to discuss the governor’s latest legal trouble and the library obscenity bill, among other things.

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

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Landowners Say They Are Being Taxed Unfairly At Public Hearing

The House of Delegates held a public hearing on a bill that would remove a sunset clause from the current oil and gas personal property tax assessment. 

A sunset clause is a note in the bill that gives it an expiration date, unless other legislative action is taken to extend the bill.

The House of Delegates held a public hearing on a bill that would remove a sunset clause from the current oil and gas personal property tax assessment. 

A sunset clause is a note in the bill that gives it an expiration date, unless other legislative action is taken to extend the bill. 

House Bill 2581 in the 2021 session created the formula for how gas operators and property owners are taxed. The bill had a sunset clause, which comes due in July of 2025 

House Bill 4850 would remove that sunset clause from the bill, making the tax formula permanent. 

Del. Vernon Criss, R-Wood, said the bill would help create tax predictability for landowners and well operators. 

“If we do not do this, then there will be no tax collected by the counties,” Criss said. “That is how the law is set up now. So the sunset clause needs to be taken off so that the counties can continue to collect their personal property tax on oil and gas in those counties.”

However, landowners taxed by this bill gathered at the Senate to express opposition.

They said that the 2021 bill taxes them unfairly and lacks transparency. 

Scott Sondo receives royalties for land he owns that has a well on it.  

“Now, one of the major problems is there’s no transparency in the industry,” Sondo said. “So they (well operators) could actually sell the products for a higher price. Tell me, they sell them for a lower price.”

He said that part of the formula for what he is taxed on is based on the prices that the gas actually sold for. The gas operators submit that information to the state but landowners like Sondo never know what that number is.

“When the operators turn these numbers in, they’re used to calculate my boundaries, well, we just would like to know what that value is. And so far, we’ve not been successful in getting that,” Sondo said. 

He said, after taxes, landowners barely have enough to pay the taxes from the royalties they are paid by well operators for the use of their land. 

The code also has proven to be complicated for the state Tax Division.  It has come under scrutiny since the tax code was passed in 2021 for things like providing incorrect assessments and then taking so long to get the correct assessment back to property owners that they don’t have time to appeal the assessment. 

Exploring Workforce Development Needs, New Energy In W.Va.

On this episode of The Legislature Today, new companies and new jobs are coming to West Virginia. And with those jobs comes the need for workforce development and new sources of energy. Curtis Tate spoke with Bill Bissett, the president of the West Virginia Manufacturers Association, and Dan Conant, founder and CEO of Solar Holler, about these issues.

On this episode of The Legislature Today, the first public hearing of the 2024 session was held, and it focused on a bill that criminally penalizes public facilities for presenting obscene material to minors. Randy Yohe reports on an emotionally charged event.

Also, the Senate passed and sent eight bills over to the House, including one to protect police dogs. Briana Heaney has the story.

Bills dealing with human trafficking, a school counselor’s duties and moonshine moved to third reading in the House. Randy Yohe has more.

Geospatial professionals from across West Virginia gathered at the Capitol to teach the public about their field. Jack Walker reports.

And, discipline has always been a part of a school education. But in recent years, concerns over student and teacher safety have elevated discipline to be the school issue of the day. Chris Schulz takes a look at the legislature’s attempts to address the matter.

Finally, new companies and new jobs are coming to West Virginia. And with those jobs comes the need for workforce development and new sources of energy. Curtis Tate spoke with Bill Bissett, the president of the West Virginia Manufacturers Association, and Dan Conant, founder and CEO of Solar Holler, about these issues.

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The Legislature Today is West Virginia’s only television/radio simulcast devoted to covering the state’s 60-day regular legislative session.

Watch or listen to new episodes Monday through Friday at 6 p.m. on West Virginia Public Broadcasting.

Update: Public Hearing For Cacapon RV Campground Canceled

Monday, April 17, the public hearing has been canceled as a result of a lawsuit between Morgan County citizen Dale Kirchner and the West Virginia Division of Natural Resources.

Updated on Monday, April 17, 2023 at 4:30 p.m.

Monday, April 17, the public hearing has been canceled as a result of a lawsuit between Morgan County citizen Dale Kirchner and the West Virginia Division of Natural Resources. According to a Morgan County Circuit Court finding, the DNR was alleged to not have allowed sufficient lawful notice before the hearing was to take place. The DNR denies the claim, but agreed to cancel the meeting as a result of the suit.

“The Defendants maintain that the West Virginia Division of Natural Resources has provided lawful notice, pursuant to §§ 20-5-16 and 59-3-2 of the West Virginia Code, and would prevail on the merits, the filing said. “However, the Defendants do not wish to proceed if there is an appearance of impropriety, but instead desire to assure the public that it is in full compliance with any and all notice requirements. Accordingly, the Defendants find it fitting to cancel the meeting scheduled for April 18, 2023.”

There is as of yet no postponed date for the hearing.

Original Post

A public hearing regarding a proposed private campground development is scheduled at Cacapon State Park next week.

The hearing concerns the construction of an RV park on Cacapon grounds. 

Three development proposals submitted by Blue Water Development, River & Trail Outfitters and Scenic LLC are being reviewed by the state Division of Natural Resources (DNR) as responses to a request for proposal posted last December. 

One bid submitted by Blue Water Development said as many as 350 spots could be constructed.

“At this time, no vendor selection has been made,” a March release from West Virginia State Parks said. “Furthermore, the West Virginia DNR is under no obligation to accept any of the proposals as submitted and may negotiate the scope and specifications of any final agreement. No specific sites within the park have been selected for this potential development.”

The release also said that any trails impacted by the construction would be relocated or reintegrated into the new facility.

The Morgan County Commission voiced concerns about the development in a letter written last week, saying it could cause traffic and safety issues, overwhelm the park’s sewer plant and cause excessive excavation and clear-cutting of trees.

Environmental groups like the West Virginia Rivers Coalition and Sierra Club have also voiced similar concerns.

“This massive RV park and these types of private amenities are not compatible with the unique conditions of Cacapon and what we expect at WV State Parks,” West Virginia Rivers said in a statement on the potential development.

Morgan County community members have also assembled on park grounds in protest of the development’s potential approval. 

“For the past three weeks, there has been a growing group of citizens meeting at the upper lake at Cacapon State Park in Berkeley Springs,” Morgan County resident Russell Mokhiber said in an email to West Virginia Public Broadcasting. “Seventy people showed up. The next week, 90 people showed up. This past Monday, 120 people showed up.”

Another protest is also expected on park grounds Monday evening.

The development comes after House Bill 4408 was passed into law during the 2022 West Virginia Legislative session. It allows for contracts to be granted to private companies to build recreational and lodging facilities on state park grounds. 

The hearing is scheduled for 5 p.m. on April 18 at the park’s conference center.

Editor’s Note: This story was updated to reflect the change in status of the public hearing and add the filings with the circuit court of Morgan County.

Opposition Dominates Public Debate On Campus Carry Bill 

Will allowing the concealed carry of firearms on campus add more protection or create more danger?

This is a developing story and may be updated.

This story was updated on Feb 15, 2023 at 3:58 pm

With another university campus mass shooting earlier this week, legislative and public debate over the Campus Self-Defense Act has fostered heightened emotion from both sides. Will allowing the concealed carry of firearms on a West Virginia campus add more protection or create more danger?

The House Judiciary Committee held a Wednesday morning, one-hour public hearing on Senate Bill 10, commonly known as the campus carry bill. It would allow college students, faculty and staff to carry concealed weapons on all but a few restricted areas on college campuses. There were 37 people opposed to the bill and only two speaking in support of campus carry. Each speaker had one minute. 

Chris White, a Marshall University history professor, and former Marine infantryman, said the Second Amendment, the right to bear arms, must come with safety controls this bill does not offer.

“There are many, many months worth of training that military and police officers have to go through before they are able to earn that second amendment right and carry those weapons in public,” White said. “Every single moment in which a weapon is in the hands of a soldier or a police officer is controlled. None of those safety controls will be imposed on our students or anybody else who comes on to campus. Marshall University, WVU, the other universities, have expressed that they are opposed to this bill. I am not going to say that this is going to increase actual violence on campus. It might. But what I do know is they’re going to increase accidental discharges.”

Speaking in favor of the Campus Self-Defense Act, Art Thomm said he represented the National Rifle Association. He said Michigan college students killed earlier this week might be alive if campus carry was allowed. 

I live here, my college age sons live here, my wife and my young stepdaughter live here. Our loved ones deserve the right to defend themselves from a deadly attack in a gun free zone without having to make the choice of employment, education or their life,” Thomm said. “As already referenced, there was a shooting just this week where a lunatic went on a college campus in Michigan, a place where it was illegal under statute to carry a firearm and shot eight students killing three of them.”

After the public hearing, Democratic lawmakers from the Morgantown area joined West Virginia University students and staff in solidarity against campus carry. Del. Evan Hansen, D-Monongalia, boiled down much of the sentiment expressed in the public hearing.

“Their concerns include things like an increase in assaults and sexual assaults,” Hansen said. “How this would interact with mental health and suicide on campus, the possibility of accidental discharges, the drinking and drug use on campus and how bringing guns into that equation might cause more harm than good. People also mentioned issues with recruitment and retention of faculty, staff and students.”

WVU faculty member Maria Perez said some students taught her to appreciate firearms used for hunting, but others expressed the fear of a high number of military veteran suicides by handgun having parallels to college students.

“His uncle was a lawful firearms owner, he had no mental illness antecedent, his dog had died and then he got into a fight with his wife and shortly after he shot himself and died,” Perez said. “It was a moment of crisis. This combined with the availability of a firearm creates conditions that result in the sudden and tragic end of a life.”

Lawmakers who support campus carry, like Del. Brandon Steele, R-Raleigh, said the proposal extends the constitutional Second Amendment rights to college campuses.

“You and I can carry a firearm, as is our right, in any portion of that facility that it’s not prohibited in. This just affords that same right and opportunity to the students and faculty,” Steele said. “You can have an 18-year-old person who hasn’t matriculated at school, legally carrying a firearm. You shouldn’t have to surrender your firearms rights just because you become employed at the university or college or become matriculated and become a student.”

Marshall University, West Virginia University, Concord University and West Virginia State University are among state universities that have voiced their opposition to campus carry.

The bill is expected to be considered in the House Judiciary Committee Wednesday afternoon for more debate.

Update

After more than two hours of emotional debate and testimony in the House Judiciary Committee, Senate Bill 10, the Campus Self-Defense Act was sent to the house floor with the recommendation that it do pass.

Public Hearing On Abortion Law Debate Highly Charged, Emotional

More than 100 people signed up to speak at a public hearing Wednesday on the abortion bill.

More than 100 people signed up to speak at a public hearing Wednesday on the abortion bill.

With so many wanting to speak, each person was given 45 seconds. Several were escorted out of the chamber by police for running overtime.

Several of the women who spoke said they have had one or multiple abortions. Others said not having an abortion made their lives better.

Rev. Emily Harden, a Presbyterian minister, said she did not regret her two abortions.

“They’ve made my life better. They’ve made my children’s lives better,” Harden said. “It is perfectly acceptable within my religious faith that I’ve done this. The way that we are using religion to make laws that govern our bodies is truly evil. And I hope that you all know that the blood of West Virginians will be on your hands.”

Lorie Lugursky, with West Virginians for Life, said she got pregnant at 15 and was told abortion was her best choice.

“Wrong. At five months pregnant laying on an abortionist table, God saved my baby girl,” Lugursky said. “The abortionist told me to get out as I was being uncooperative. And my daughter now, praise God, is a mother of three. She’s a pro life warrior.

Sean O’Leary, Senior Policy Analyst at the West Virginia Center on Budget and Policy spoke of cause and effect.

“Too often, policies in the state disproportionately harm vulnerable people, abortion bans are no different,” O’Leary said. “Seventy five percent of people who seek abortions are low income people without access to family work supports like parental leave or affordable childcare. Over half have recently gone through disruptive life events such as death of a family member or job loss. Most already have a child when access to abortion is denied. The consequences are profound.”

Tranae Mathis listed her representation as a servant of Jesus Christ.

“We as women know that two pink lines mean that we are carrying life and abortion stops that beating heart,” Mathis said. “The goal of an abortion is always prenatal death, and the baby is the only one with no bodily autonomy because her mother has deemed her insignificant.”

The public hearing was requested by legislators as a part of the proceedings for House Bill 302, called by the governor to clarify the state’s conflicting abortion laws.

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