Day Nine: The Governor's tax cut proposal is in the hands of the Senate
But, given ongoing scuffles, its chances to become law remain questionable.
Good morning and welcome back to 60 Days from me, Dave Mistich.
Today is January 19th, 2023 — the ninth day of the West Virginia Legislature’s regular session.
With both Giles and I having yesterday off from our real jobs, we wound up deciding to co-author today’s edition. So much for a coin flip, eh?
Moving forward, Giles will be delivering the goods on Mondays and Fridays, and I will take Tuesdays and Wednesdays — which means we’re collaborating on Thursdays.
We’ve acknowledged to each other that we each have our particular styles and approaches to this thing (maybe you have picked up on that, too). Here’s hoping Thursdays don’t become a train wreck.
Guess there’s only one way to find out. So, let’s get this train rolling.
After a lengthy debate, the House of Delegates passed HB 2526 — Gov. Jim Justice’s 50% income tax cut (a proposal that calls for a 30% cut the first year and then 10% the following two years). The measure passed on a 95-2 vote, with nine Democrats joining Republicans in favor. Only Del. Evan Hansen and Del. John Williams — both Democrats from Monongalia County — voted against the bill.
Before the measure cleared the House, Democrats expectedly offered an amendment. Their proposal would have eliminated income taxes completely for those making less than $80,000 and left higher earners to continue paying the current tax rate. The minority caucus argued that 72% of West Virginians would fall into that category.
Given the GOP’s super-duper-mega-mammoth majority, that amendment went down, along an 11-86 party line vote.
With Democrats failing to make the changes they wanted and then many (of the few of them) joining Republicans to vote in favor of the bill, the effort to amend could be seen as rhetorical as much as anything.
While delegates were still on the floor, Del. Elliott Pritt (D-Fayette) tweeted this:
But as we — and most everyone, really — have pointed out: This bill is expected to be dead on arrival over in the Senate. Republicans from that side of the Capitol continue to clash with the Justice Administration over what would be the best path forward on cutting taxes, which could render the House’s efforts on HB 2526 moot.
And now, here’s Giles.
Sorry WVU fans, but Mountaineers don’t always go first: Dave and I are both Marshall kids, so MU takes precedence here.
The leaders of both Marshall University and West Virginia University have made their positions clear on what’s known as “campus carry.”
They’re opposed.
And MU President Brad Smith and WVU President Gordon Gee have written to members of the Senate Judiciary Committee telling them as much.
Those posts from the two university presidents turned up on Twitter, shortly after the Senate Judiciary Committee advanced SB 10 yesterday on a voice vote.
The bill is officially called the “Campus Self-Defense Act.” It’s one of four measures introduced this session that would essentially allow concealed firearms on public college and university campuses.
This isn’t the first time lawmakers have taken on “campus carry.” A similar bill failed in 2019 when it was voted down in Senate Judiciary.
A fiscal note attached to the bill that year estimated a cost of about $11.6 million upon its first full year of implementation.
WVU vice president for strategic initiatives Rob Alsop recalled yesterday that the cost for that 2019 proposal at WVU would have been about $350,000. But Alsop noted that estimation has not since been updated.
Yesterday’s debate on this latest effort was brief. Sen. Mike Stuart (R-Kanawha) argued it would place parameters on what is already happening on university campuses. Sen. Mike Caputo (D-Marion) said he knew where the vote was going but said it’s “insane” to put “campus carry” in state code.
Correct me if I’m wrong, but I believe House Minority Leader Doug Skaff (D-Kanawha) has made his first public remarks about the firing of three Charleston Gazette-Mail reporters in December. They had publicly criticized Skaff for an interview he conducted with Don Blankenship, the controversial former chairman and CEO of Massey Energy.
Blankenship left Massey following the April 2010 explosion at the Upper Big Branch mine where 29 coal miners were killed. He was later convicted of a misdemeanor charge of conspiring to violate federal mine safety standards and spent a year in prison. In 2018, Blankenship made an unsuccessful run for the Republican nomination for U.S. Senate.
Skaff is president of Gazette-Mail parent company HD Media. He sat down with MetroNewsTalkline host Hoppy Kercheval yesterday morning and downplayed the nature of the interview with Blankenship.
Skaff said he would not get into specifics about the individual firings but said HD Media prohibits social media criticism of the company by employees. And he claimed no employer in America would put up with that.
You can watch a clip of that interview here:
Both the House and Senate convene at the usual time today — 11 a.m. And several bills are at the passage stage.
In the House:
S. B. 161 - Authorizing DNR to manage and dispose of property
S. B. 162 - Authorizing director of DNR to lease state-owned pore spaces in certain areas for carbon sequestration
H. B. 2017 - Relating to service of process in child abuse cases
Com. Sub. for H. B. 2018 - Permitting the managed care case coordinator to attend the multidisciplinary team meeting
H. B. 2029 - Repealing the creation of an all-payor claims database
H. B. 2506 - Creating a title clearinghouse for non-resident businesses
The Senate has just one bill up for passage:
Eng. SB74: Providing for substantial deference to State Superintendent's interpretations of school laws
The House committee schedule looks like this (click on the name of the committee to see the agenda):
9 a.m. – House Committee on Workforce Development, Room, 215-E
9 a.m. – House Committee on Jails and Prisons, Room 410-M
10 a.m. – House Committee on Senior, Children and Family Issues, Room 460-M
1 p.m. – House Committee on Energy and Manufacturing, Room 410-M
1 p.m. – House Committee on Technology and Infrastructure, Room 432-M
3 p.m. – House Committee on Health and Human Resources, East Wing Committee, Room 215- E
And finally, here’s the Senate committee schedule (with agendas included):
9 a.m.: Government Organization (208W)
SB 246: Revising membership of Broadband Enhancement Council
SB 245: Making rules and regulations promulgated by PSC subject to legislative rule-making review procedures
SB 244: Making rosters of individuals who obtain professional, occupational, and trade licenses, registrations, and certificates available to public
9 a.m.: Education (451M)
SB 274: Third Grade Success Act
Com. Sub. for SB 121: Creating Student Journalist Press Freedom Protection Act
SB 262: Allowing students to transfer schools and retain athletic eligibility
SB 264: Prohibiting persons who have been convicted of certain crimes against minors from holding positions on boards of education
1 p.m.: Health and Human Resources (451M)
SB 269: Increasing dental coverage limit for Medicaid enrollees
2 p.m.: Judiciary Subcommittee A – Criminal Law (208W)
Organizational Motions
2 p.m.: Judiciary Subcommittee B – Elections and Public Integrity (451M)
Organizational Motions
SB 50: Requiring one-year residency within district or county to fill vacancy in Legislature
2 p.m.: Judiciary Subcommittee C – Civil Justice and Courts (219M)
Organizational Motions
Com. Sub. for SB 80: Modifying witness fee rate paid by state to match federal court system
3 p.m.: Judiciary (208W)
SB 192: Relating to Uniform Real Property Transfer on Death Act
Com. Sub. for SB 208: Relating to criminal justice training for all law-enforcement and correction officers regarding individuals with autism spectrum disorders
3 p.m.: Finance (451M)
Budget Presentation: West Virginia Department of Administration
Budget Presentation: West Virginia Department of Agriculture
Budget Presentation: West Virginia Conservation Age
That’s it for this morning. We’ll close out the week tomorrow.
If there’s something you think we should know about — or maybe you just want to say hello, you can reach us at 60daysgilesdave@gmail.com.
Giles is on Twitter @gilessnyder and Dave can be found @davemistich.
Ask the various departments who are presenting to the finance committee about amount of staffing vacancies in their departments