Tag: Veto

Tomblin Vetoes Ban on Second Trimester Abortion Method

A West Virginia push to ban a second-trimester abortion method has been vetoed.

Democratic Gov. Earl Ray Tomblin on Wednesday nixed the measure that would ban the commonly used abortion practice.

He cited concerns about constitutionality and patient safety. Courts blocked similar bans that Kansas and Oklahoma enacted in 2015.

The Republican-led Legislature passed the bill alongside some Democrats.

Lawmakers can override the veto with a simple majority of both chambers.

The bill would ban dilation and evacuation method abortions unless the doctor already had caused demise of the fetus. It wouldn’t ban the method in cases of medical emergency.

There wouldn’t be criminal or civil penalties, but physicians could potentially lose their medical licenses.

Last year, lawmakers overrode Tomblin’s veto of a ban on abortions 20 weeks after conception.

 

Legislature Overrides Permitless Carry Veto

Senators joined the House of Delegates in a vote to override Governor Tomblin’s veto of a bill that would allow anyone over the age of 21 to carry a concealed weapon without a permit. 

The Senate voted 23 to 11 during a Saturday morning floor session. The House had voted on the measure Friday.

Along with removing the current permitting and safety training requirements to carry a concealed weapon over the age of 21, the bill also puts a provisional licensing system in place for 18 to 20-year-olds and includes a $50 tax credit for anyone who goes through the permitting process.

The bill increases penalties for people who unlawfully carry concealed, including felons who are prohibited from carrying, or who use a weapon while committing another crime. 

Tomblin vetoed the bill Thursday during a ceremony at the Capitol, surrounded by law enforcement officers from across the state. In his veto message, Tomblin cited public safety concerns. Law enforcement also pointed to the bill’s language that would not just allow people to carry a concealed firearm, but also other weapons like knives and brass knuckles. 

A recent public opinion poll conducted by the West Virginia firm Orion Strategies found 71 percent of likely voters in the state believed people should have to get a permit in order to carry a weapon.

“This is not just a slap in the face of the Governor,” Democratic Sen. Corey Palumbo said on the Senate floor Saturday, “this is a slap in the face of the State Police, Sheriffs, municipal police, and the majority of the people of West Virginia.”

Republican Sen. Craig Blair stood to support the override, saying the measure will be a crime deterrent in the state.

“I recognize that there are issues as it relates to public opinion on this, but at the end of the day, it is a constitutional right and we really don’t see much difference between carrying in an open manner without a permit or putting a jacket on over your weapon and then being a felon,” Senate Majority Leader Mitch Carmichael said of the vote Friday.

Carmichael also said he has heard the concerns of law enforcement, but said he hopes they’ll work with lawmakers to ensure West Virginians can exercise their Constitutional rights. 

The bill will take effect in mid-May.

Permitless Carry Bill One Vote from Becoming Law

A bill to remove the permitting and safety training requirements to carry a concealed weapon in West Virginia is just one vote away from becoming law.  

Delegates voted 64 to 33 to override Governor Tomblin’s veto of House Bill 4145 Friday morning.

Surrounded by law enforcement representatives from across the state, Tomblin publicly vetoed the bill Thursday, citing public safety concerns.

Aside from removing the permitting and training requirements for people over the age of 21, the bill also sets up a provisional licensing process for 18 -to -20-year-olds and strengthens some felony laws for carrying unlawfully. 

Senate Majority Leader Mitch Carmichael expects his chamber to follow the House’s lead, even though a recent public opinion poll found 71 percent of likely West Virginian voters are opposed to the change.

“I recognize that there are issues as it relates to public opinion on this but at the end of the day, it is a constitutional right,” Carmichael said, “and we really don’t see much difference between carrying in an open manner without a permit or putting a jacket on over your weapon and then being a felon.”

The Senate is expected to vote to override the veto Saturday morning.

Tomblin Vetoes Concealed Carry Bill

Surrounded by law enforcement officers from across the state, Gov. Earl Ray Tomblin vetoed a bill that would allow anyone over the age of 21 in West Virginia to carry a concealed weapon without a permit. 

The bill approved by lawmakers last month also removes the requirement to take a safety training course in order to carry a concealed handgun.

Tomblin expressed concerns about public safety before announcing his veto, pointing to the dozens of police officers in attendance who say the change would negatively affect their jobs. 

On top of permitless carry, the bill would have allowed for provisional license for 18 to 21-year-olds, who would have to go through the permitting and safety training requirements currently in place. 

“We do not oppose good laws, but when something endangers the lives of the public, we have to share our concerns,” Raleigh County Sheriff Steve Tanner said before the veto.

In his veto message, Tomblin said law enforcement officers throughout the state overwhelmingly oppose the legislation. He also said the $50 tax credit included for anyone who still goes through the permitting process is “ill-advised and unclear.”

It takes a simple majority to override a gubernatorial veto in the state.

On Right-to-Work, Other Issues, W.Va. GOP May Overturn Vetoes

With legislative session set to begin Wednesday, Republican lawmakers are pushing to make two issues an early priority: making West Virginia a right-to-work state and repealing the prevailing wage for public construction projects.

Republican Senate President Bill Cole said lawmakers will make right to work and a repeal of the state’s prevailing wage top priorities early in the 2016 session.

Prevailing wage is the average hourly wage and benefits paid to an employee working on a state construction project. Republican leaders attempted to repeal the wage in 2015, but settled on a bill to recalculate the rate.

Right-to-work laws prohibit union worksites from requiring membership by employees.

Cole says the two issues will be taken up early in order to leave time in the 60-day session to overturn a possible veto by Democratic Gov. Earl Ray Tomblin.

In West Virginia, a simple majority vote in both chambers is needed to override a gubernatorial veto, unlike most states which require a two-thirds majority.

Tomblin Vetoes 'In God We Trust bill'

Citing technical errors, Gov. Earl Ray Tomblin has vetoed a bill letting public entities accept private donations to display the phrase "In God We Trust"…

Citing technical errors, Gov. Earl Ray Tomblin has vetoed a bill letting public entities accept private donations to display the phrase “In God We Trust” on their buildings.

The bill would have required the State Building Commission to develop guidelines for displaying the national motto and the POW-MIA flag.

In his veto message, the Democratic governor wrote that the commission hasn’t existed since 2000.

Tomblin has vetoed 14 bills for technical glitches this year. Lawmakers reworked and passed the other 13, and Tomblin has signed many of them.

The “In God We Trust” bill is the first technical veto lawmakers aren’t able to immediately fix, since the Republican-led Legislature is no longer in session.

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