Discussion and Delay on Film, DHHR, Co-tenancy, Intermediate Courts

Discussion and delay. That was the theme for some notable pieces of legislation Thursday. While the House and Senate moved on some measures in their respective committees and floors, some bills were set aside and left for another day.

In a Thursday morning House floor session, delegates debated Senate Bill 263, which would eliminate the West Virginia Film Tax Credit. The bill was on Third Reading and up for a vote. Discussion around the bill began when Del. Dianna Graves, a Republican who said she has worked in the film industry, stood to oppose passage of the bill.

“We talk about industry diversification within the state. We’re just starting to have a decent film crew industry in the state. I know a lot of them personally,” said Graves. “I’ve had — I can’t tell you how many — phone calls and emails where these people are going to have to move across — most of them are planning on going to Kentucky — if we discontinue this film tax credit.”

Last month, legislative auditors called for the elimination of the state’s film tax credit, citing the less than $1 million economic impact per year as not substantial enough to keep it in existence. The West Virginia Film Office, once an independent agency and now operated by the state Division of Tourism, administers the tax credit. Funded at $5 million annually with no per-project caps, the film tax credit calls for a minimum spend of $25,000.

Many Democrats echoed Graves’ call to keep the tax credit in place. Del. Josh Barrett, cited states such as Georgia who have built up their film industry through a growing tax credit.

“The lady from the 38th, who is an expert in the industry, said that the $25,000 minimum spend is part of the problem, and we should raise that. We should have a floor of $250,000 or $500,000 dollars to have them have that minimum spend, so that we are attracting out of state film production companies,” Barrett said.

Republicans argued that the credit didn’t bring money to West Virginia. Before closing discussion, Minority Leader Daryl Cowles moved to delay action on the bill until Friday.

“Most of this money did not help West Virginia at all. We just simply don’t have the infrastructure, and the credit isn’t large enough to build that infrastructure, and we’re just throwing money away. It’s not a good return on investment,” said Cowles, before his motion to delay.

That theme of delay carried on into afternoon committees in the House as well. In House Energy, a bill addressing land owner rights in relation to natural gas was also held back. House Bill 4268 would allow for oil and gas drilling on a piece of property, when owned by multiple persons, if three-fourths of the owners agree.

“I had a request for a minority to defer action on the bill in committee until next Tuesday — giving all of their members a chance to pose any other questions and members to formulate amendments they might want to offer to the legislation,” said House Energy Chair Bill Anderson.  “It seemed to be a reasonable request. I’ve accommodated that. I believe that we can move forward on the legislation next Tuesday.”

The House Health Committee picked up on the trend of delaying action on bills with House Bill 4014, a bill that aims to split the West Virginia Department of Health & Human Resources into four separate agencies. Without explanation, House Health Chair Joe Ellington pulled the bill from the committee’s agenda.

The Senate Judiciary Committee also held back a bill of their own. Legislation that would create an intermediate state court of appeals, Senate Bill 341, was discussed at length but did not go to a vote in the committee.  

Notable legislation that did move on Thursday includes a bill involving drones, which passed the House on a 78-18 vote. A bill limiting taxpayer-funded abortions through Medicaid passed House Health, and a bill to increase teacher pay cleared the Senate Finance Committee.  

 

Senate Passes Sexual Assault Victims' Bill of Rights, Eyes Related Legislation

The West Virginia Senate has passed legislation that creates a sexual assault victims’ Bill of Rights. Other related legislation that would help victims is also being considered.

 

Senate Bill 39 seeks to codify best practices in the wake of a sexual assault. For example, the bill would allow victims to choose someone to accompany him or her to a hospital or other health care facility and to attend proceedings concerning the alleged assault, including police and prosecution interviews as well as court.

 

Sen. Mike Woelfel said the purpose of the bill is to modernize the way sexual assault victims are treated and hopes it encourages victims to come forward.

 

“I believe that in our state — in virtually any state — you have probably one out of three or four girls that is sexually abused in her lifetime — and probably one out of seven boys. So, it’s a grossly under reported crime,” Woelfel said.

 

Senate Bill 39 passed on a 33-0 vote and now heads to the House.

 

A companion measure, Senate Bill 36, seeks to expand DNA testing and streamlines the process of obtaining results. Sen. Woelfel, who is also the lead sponsor of that legislation, outlined some of the issues that brought about the bill.

 

“The rape kit, once it gets to the state police lab, sits there on average 440 days. So you can have — frequently, if not commonly — a two year delay between a rape and the evaluation of the evidence,” Woelfel said. “Can you imagine how many sexual assault victims after two years have turned the page in their life? That’s unacceptable.”

 

The Senate Health Committee is expected to be take up that bill.

 

Senate Education Committee Paves the Way for Free Community College Programs

Updated: January 24, 2018 at 11:05 a.m.

 

The Senate Education Committee  passed a bill that would make community and technical college free for some West Virginians.

Senate Bill 284 creates Advances Career Education, or ACE, programs that aim to fulfill workforce needs by connecting secondary schools with community and technical colleges.

 

The bill also creates the West Virginia Invests Grant Program, which would cover tuition costs for students after other financial aid has been applied.  

 

The grant program will cost about $7 million, according to a fiscal note affixed to the bill from the Community & Technical College Education System. That fiscal note takes into consideration the age eligibility requirement of 20, which was in the introduced version of the bill.

 

According to another fiscal note from the West Virginia Department of Education, the ACE program will come at no cost to that department. 

 

An amendment proposed by Sen. Mike Romano of Harrison County changed the age eligibility requirement for the grant from 20 to 18 and also includes anyone with a high school diploma or equivalent certification.

 

“My biggest problem with this bill — maybe it’s a fiscal one, maybe that’s why they did it: why would you make kids wait to 20 years old to take advantage of it?” Romano asked the committee’s counsel.

 

The committee’s substitute of the bill also includes home school and non-public school students in addition to public school students.

 

The bill now heads to the Senate Finance Committee.

 

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