House Judiciary Passes Concealed Carry & Political Spending Reform

Over the weekend the House Judiciary Committee met to discuss a handful of bills, but most notably the bill to amend the concealed carry law and a bill that reforms political spending in the state.

Senate Bill 541 relates generally to the regulation and control of elections.  Among the changes made in the House was the removal of all reporting requirements by third party organizations.

“Well the changes basically were, were at the request of some folks over at the Senate,” said House Judiciary Chair, Delegate John Shott of Mercer County, “where my understanding was they had some second thoughts among the people that negotiated that bill, and this particular instance, we had information that some of the stakeholders thought, had second thoughts about that provision of the bill, and so when we came out with our strike and insert amendment, we removed that from the bill. All we’ve attempted to do with this bill was monitor, or mirror the federal laws and make it less complicated, because rather than having two standards, we’re trying to coordinate the two.”

Democratic Delegate Stephen Skinner of Jefferson County was not happy with the changes and wanted the bill to stay the way it was in the Senate version.

“It stripped out all the requirements for public disclosure of donors of dark money organizations. That’s one of the very good things that the Senate did, and it was done on a bi-partisan basis,” noted Skinner, “This bill was presented to us in committee without any notice and it was rammed through. We asked for an additional day to take a look at the bill and understand what was in it, and we were voted down on party lines.”

Senator Mike Romano, a Democrat from Harrison County, worked closely with Republican leadership in the Senate to craft the strict reporting requirements. He was also upset by the changes made to the bill in the House and says he will vote against them.

“I’m very disappointed,” Romano said, “The main compromise in that bill was to get disclosures of contributors to third party independent campaigns. Those are the very nasty commercials that we see every election season, and we thought that by getting those disclosures it would, you know, dampen down some of that negative rhetoric that seems to be polluting our elections. I don’t know why the House did that, but personally the bill was a compromise. The Democratic caucus did not want any increases in spending limits, and because we got those disclosures in it, we were willing to agree to the increase to the federal limits.”

Senate Majority Leader, Mitch Carmichael of Jackson County, says he doesn’t agree with the House’s changes either.

“It’s my understanding that the House has moved to protect the anonymous speech with regard to some of those campaign contributions to the third party entities,” Carmichael explained, “There’s certainly a constitutional argument that can be made that disclosure is not required with those third party entities, but if you’re asking me for my personal perspective and from the sentiment within the Senate Chamber, it is my absolute conviction that more disclosure is better.”

Carmichael says he suspects if those amendments remain in the House’s version, the bill will likely enter a conference committee between both chambers to discuss the final outcome.

After a press conference Monday, Governor Tomblin said he too supported the stricter reporting requirements on outside spending.

“I think that those donors should be identified,” Tomblin said, “You know, if I spend money on my campaigns, I have to say where I got the money, what it was used for, and who gave me that money, so, you know, I think that it should be the same way for those people. If they want to contribute that kind of money, they step forward and be identified.”

Another bill that came up over the weekend in the House Judiciary Committee was Senate Bill 347, removing the licensure requirement to carry a concealed handgun. The controversy over the bill amplified last week in a public hearing held in the House Chamber. Ultimately, the House made some amendments to the bill in committee, most notably in the age limit. In the House’s version, the age limit was increased from 18 to 21. This amendment was originally attempted by Senator Romano in the Senate, but failed.

Both Senator Romano and Carmichael say they are fine with the increase in the age limit and think it makes sense to make that change. However, Delegate Skinner says he still has some concerns with the bill in its entirety.

“Most West Virginians want a moderate approach to conceal and carry,” Skinner said, “and repealing the need within the state to have a conceal carry training and license; that’s not moderate. And I think most West Virginians agree that we need to require some kind of training and a license for people to be able to carry a concealed weapon.”

Both bills will soon see the House floor for their consideration.

Lawmakers Updated on Winter Storm Impacts

A special joint-session of the legislature was held in the House chamber Friday in response to the recent crises caused from this week’s storm. Officials wanted to explain Governor Tomblin’s State of Emergency declaration and to update lawmakers about current conditions and what they can tell their constituents affected by the storm.

Heavy rains began earlier this week that soon turned to heavy snow. Flooding and power outages have been huge problems in many parts of the state, and especially  in some southern counties.

Peter Marcum, General Counsel to Governor Earl Ray Tomblin, reminded legislators of some of the different possibilities that could occur during a Governor’s declared State of Emergency. Marcum says the Governor may decide to evacuate residents, provide temporary housing, declare disaster zones, suspend the sale of alcohol or explosives, and may even close schools.

“It’s important that you look at each particular state of emergency declaration, because each emergency is unique, and the governor, the legislature, the local emergency service providers will be offering specific guidance to deal with the emergency,” Marcum said.

Last year, the legislature passed a governor’s bill that required a state of preparedness for emergencies and situations like the current winter storm.

Peter Marcum says this has allowed first responders to act quickly in light of this storm.

“Thanks to a governor’s bill that this body passed last year, we now have the power to declare a state of preparedness,” Marcum explained, “This enables the governor to exercise all of his emergency powers well in advance of an eminent emergency, so that we can marshal resources, put them in place in preparation of problems. It also allows us to warn the public, you need to be on high alert, because a severe winter storm’s coming.”

Major General James A. Hoyer with the West Virginia National Guard says the state of preparedness has helped to get a head start on the crisis.

“From the standpoint of my role and our responsibility as the National Guard, what you provided us last year with the state of preparedness; I think it’s important to understand the benefit to our ability to respond and to the National Guardsmen,” Hoyer said, “By allowing us to move in early, it allows us to put men and women in place ahead of time that makes the response more effective in the front end, which hopefully reduces the time and the cost on the backend.”

This morning in the 20th district in Mingo County, there was a mudslide that left many residents trapped. Delegate Justin Marcum says he’s very concerned for his constituents in his home district.

“I’ve talked to county commissioner, John Mark Hubbard and Greg Kody Smith, they’re on the ground,” Delegate Marcum explained, “We’re working now to implement the National Guard. We’re trying to bring in other resources. I will praise our county commission; they’ve done a great job with these in the past and moving forward. We’re just praying for these individuals that are trapped with the mudslide. Yeah, we have around fifty people trapped; we have boats and dozers that will be going in. The issue is with the trap, where it’s trapped, the mudslide is coming in, the water is rising. Most places, the water’s receding, but we’ve got the water’s rising here, and that’s our main concern, so the evacuation process is ongoing. Luckily, praise God, we have no injuries at this point.”

Delegate Lynne Arvon of Raleigh County oversees the 31st District, which has seen a lot of water outages in the last few days. She says her district has been declared a disaster area.

“The portion of Route 3 that is in my district, District 31, goes down Route 3 and to the Boone County line, has been declared a disaster area,” Arvon said, “We now have two deployments of the National Guard in that area, and they are able, people who are stuck in their homes and can’t get out, their roads have been washed out, whatever the cause may be, they can call the emergency services number, which I have put on my House of Delegate page, and the National Guard will be sent to get them. They will go on foot and get them, or deliver water or whatever needs they have.”

After the presentation, Speaker Tim Armstead reminded members as they deal with constituents’ troubles related to the storm, have them turn to local sources of assistance rather than going straight to the state to address their needs.

“I think it’s very important as my discussions with each of you is to just reiterate that when you have constituents that do have needs, whatever those needs are, I think you start with that local, rather than trying to go up to the state level immediately with, when they’re trying to, to get all these things handled from the various counties to go through your county originally is very important. And I know each of us have had, unfortunately flooding and other situations in our districts.” – House Speaker Tim Armstead

Governor Tombin’s State of Emergency continues with updates as weather and flooding in the state continue to be addressed.

W.Va. Senate OKs Pregnant Workers' Fairness Act

The West Virginia Senate has passed legislation to help accommodate pregnant women in the workplace.
 
The Pregnant Workers’ Fairness Act allows employees to request modified duties and other accommodations as long as they do not place undue hardship on employers. It allows such accommodations as bathroom breaks and assistance with manual labor.
 
The measure also requires employers to provide nursing women time to express breast milk. It bars employers from turning away a qualified job applicant out of concern she might be asked to provide some accommodations for her pregnancy.
 
Only Monongalia Democrat Robert Beach voted against the bill.
 
The bill has been passed in both the House and the Senate and now goes to the governor.
 
 

Water Resources Commission Launches Investigation Into Chemical Spill

Senate Majority Leader John Unger (D-Berkeley) announced today that the Joint Legislative Oversight Commission on State Water Resources, which he co-chairs, is launching an investigation into the recent chemical spill in Kanawha County that led to the ongoing contamination crisis.

“This whole series of events is unacceptable,” says Unger.  “While the response to this crisis has been commendable, the Legislature is determined to work to ensure that this never happens again.”

The chemical spill, originating from the property of Freedom Industries along the Elk River, caused a nine county State of Emergency and a Do Not Use water order for over 300,000 West Virginians.

Majority Leader Unger says the Commission will also be looking at the state agencies responsible for oversight of these types of facilities.

“We want to find out how long this chemical was leaking and who knew about it, and if no one knew, why not. There will definitely be a change to the way things have been done in past.”

The Commission will be watching the situation closely. Majority Leader Unger will introduce legislation that provides oversight of these types of storage facilities and will protect our water resources.

Water Resources Commission Launches Investigation Into Chemical Spill

Senate Majority Leader John Unger (D-Berkeley) announced today that the Joint Legislative Oversight Commission on State Water Resources, which he co-chairs, is launching an investigation into the recent chemical spill in Kanawha County that led to the ongoing contamination crisis.

“This whole series of events is unacceptable,” says Unger.  “While the response to this crisis has been commendable, the Legislature is determined to work to ensure that this never happens again.”

The chemical spill, originating from the property of Freedom Industries along the Elk River, caused a nine county State of Emergency and a Do Not Use water order for over 300,000 West Virginians.

Majority Leader Unger says the Commission will also be looking at the state agencies responsible for oversight of these types of facilities.

“We want to find out how long this chemical was leaking and who knew about it, and if no one knew, why not. There will definitely be a change to the way things have been done in past.”

The Commission will be watching the situation closely. Majority Leader Unger will introduce legislation that provides oversight of these types of storage facilities and will protect our water resources.

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