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WRAP-UP
The Newsletter of the West Virginia Legislature
Volume XXIX, Issue 2 - January 30, 2018


Film Tax Credit Ends on Cutting Room Floor

Senate Bill 263, First Completed Legislation This Session


by DANITE BELAY
West Virginia will no longer offer film tax credit, after lawmakers voted to eliminate the credit that some lawmakers said brings minimal economic advantage to the Mountain State.

Senate Bill 263 moved through Senate Finance Committee, after Tourism Commissioner, Chelsea Ruby, said Legislative auditors found there were a number of questionable expenditures coming from the administration of the film tax credit program.

During the committee meeting, Senator John Unger-D, said that he has concerns about how tourism could be affected in the county he represents, Berkeley, where he has seen how film production in the area attracts people into businesses.

While the Senate quickly passed the bill 28-2 on the Senate Floor Monday, the House spent hours deliberating Thursday and Friday upon passage of the bill.

House Majority Leader Daryl Cowles said West Virginia simply does not have the infrastructure to see a high enough return on investment in this industry.

“Initially, when this program started, it was twice the amount of money and not as many others were doing it,” Cowles said. “I think this program saw some fairly good results early but I think time has just passed us by and it’s not working for us right now.”

Stated during the House Floor Session, the economic gain of the film tax credit program has been about $8.6 million, over a 10-year span. With an average of about $800,000 a year, auditors deemed that the film tax credit was not much of an advantage to West Virginia’s economy.

House Minority Leader Timothy Miley, said although the credit has not showed the profit that the state had hoped, there is still some money coming in from the implementation of the credit.

“We don’t have the infrastructure, there’s no debate about that but I don’t understand why you wouldn’t want to continue to attract people to our state if we’re still getting a positive return on investment,” Miley said.

The first completed legislation of the session, Senate Bill 263 passed the House 54-42, to end the film tax credit in the state. Lawmakers later voted the change take effect immediately so the extra dollars can be used towards this year's state budget.

 


Bills Passed from the Senate

As of 4:00 p.m. Friday, January 26, 2018, the 10th day of the regular session of the 83rd legislature 406 bills have been introduced to the Senate. Of those bills, seven have passed and have been sent on to the House for further consideration.

Senate Bill 37 would eliminate the distinction between daytime and nighttime burglary and equalize the penalty for general burglary 1 to 15 years.

Senate Bill 39 would create the Sexual Assault Victims’ Bill of Rights.

Senate Bill 53 will correct an incorrect code reference.

Senate Bill 62 would allow counties to hire an attendance director with professional administrative certificates and five years of experience.

Senate Bill 67 would allow retired Department of Natural Resources taxpayers to exclude their pensions and annuities from the state income tax.

Senate Bill 75 would allow some video lottery retailers to transfer or sell the retailer’s location where limited video lottery is offered.

Senate Bill 98 would create incentives for consolidation at the municipal, county and metro government level.

Senate Bill 110 would require vendors selling alcoholic beverages to report any life-threatening medical emergencies that happen on their property to emergency medical services and law enforcement, along with the Alcohol Beverage Control Administration within 48 hours of the incident occurring.

Senate Bill 116 clarifies that the restitution money from the Second Chance Driver’s License Program are not subjected to the five percent offset for the program’s administration.

Senate Bill 133 would exempt renewal of certain contracts entered into during a declared state of emergency.

Senate Bill 134 would authorize the Division for Homeland Security and Emergency Management to engage individuals for emergency response and recovery.

Senate Bill 143 would permit a tracker to label his or her traps with a WV DNR identification number.

Senate Bill 146 would correct a technical error in the Solid Waste Management Act.

Senate Bill 263 would eliminate the film tax credit.

Senate Bill 292 would specify that the President and Speaker of the Senate and the House respectively must be members of the Commission on Special Investigations, requires a quorum vote to enter an executive session, allows the Commission to request instead of subpoena records for state, county, and local government entities, allows the Commission to award duty weapons to retiring members, creates the felony to impersonate a Commission member or staff, and removes the requirements that the Joint Committee must approve expense report and that the Joint Committee on Government and Finance approve payment of the Commissions Expenses.

Senate Bill 300 would create a tax credit for businesses that locate on post coal mining sites. Business would be eligible for the tax credit for the first five years after moving to the site.

Senate Bill 311 would provide a consumer sales and service tax and use tax exemption for certain services and tangible personal property sold for the repair, remodeling, and maintenance of aircraft operated under a fractional ownership program.

Senate Bill 351 would allow ballot commissioners who are candidates for a position on a party executive committee or as delegates to a national convention to continue to serve in their role, despite their name appearing on the ballot.



Additional Senate Bills

Senate Bill 7 states that before filing a claim under the WV Wage Payment and Collection Act, an employee must provide a written notice to their employer, for any claims for accrued fringe benefits.

Senate Bill 10 would eliminate PSC jurisdiction over rates, fees, and charges of municipal electric power systems.

Senate Bill 16 increases the penalties for shoplifting.

Senate Bill 46 would permit pharmacists to inform customers of lower-cost alternative drugs.

Senate Bill 51 would remove the reference to child support from the section of the code relating to the award of spousal support and separate maintenance. It allows the court to use the specified factors used to determine the amount of the spousal support or separate maintenance to also determine their duration

.

Senate Bill 84 would prohibit abortion coverage in certain qualified health care plans.

Senate Bill 99 would prohibit discrimination based on age or sexual orientation in certain circumstances.

Senate Bill 163 is a rules bundle relating to the Department of Environmental Protection waste management, underground storage tanks, surface mining, standards of performance for new stationary sources, air pollution and quality standards, voluntary remediation and redevelopment rule, the State Construction Grants Program, and the Freedom of Information Act requests, was laid over on third reading. It will be picked up again on Monday.

Senate Bill 242 would require insurance plans offered in WV to require coverage for long-term antibiotic coverage for Lyme Disease.

Senate Bill 267 would increase the salaries of the employees of the WV State Police, teachers, and school service personnel.

Senate Bill 280 allows airports' emergency management and operations vehicles to use red flashing warning lights.

Senate Bill 284 would increase the access to career education and workforce training by authorizing Advanced Career Education and creating the WV Invests Grant Program.

Senate Bill 285 would create legislation to enable neighboring counties to create a regional reaction authority to off-highway vehicle trail riding.

Senate Bill 327 would add to the extortion statute threats designed to obtain sexual conduct or the release of intimate body images.

Senate Bill 338 would change the due date for employer to file annual reconciliation and withholding statements to January 31.




Bills Passed from the House

As of 4:00 p.m., Friday, January 26, 2018, the tenth day of the second regular session of the 83rd Legislature, 846 bills have been introduced in the West Virginia House of Delegates. Of those bills, 18 have passed and have been sent to the Senate for further consideration. All of these bills have passed this week:

House Bill 2028 (relating to the venue for suits and other actions against the state) allows a plaintiff or petitioner to file a claim or petition against the state, a state officer, or state agency in the circuit court of a county in which the plaintiff or petitioner resides or in which a claim arose as well as in the Circuit Court of Kanawha County.

House Bill 2483 (requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her eighteenth birthday)

House Bill 2607 (extending the maximum period of confinement a judge may impose for certain, first-time probationary violations) extends the maximum period of confinement a judge may impose for certain, first-time probationary violations from sixty days to six months. The bill also provides judges greater sentencing discretion for certain, subsequent violations of probation.

House Bill 2822 (allowing honorably discharged veterans who possess certain military ratings to qualify to take an examination for licensing as a plumber, electrician, and sprinkler fitter) allows any person who has served honorably on active duty in any of the Armed Forces of the United States and who has successfully completed the course of instruction required to qualify as a plumber, electrician, and sprinkler fitter.

House Bill 2838 (allowing military veterans who meet certain qualifications to qualify for examination for license as an emergency medical technician) allows any person who has served honorably on active duty in any of the Armed Forces of the United States and who has successfully completed the course of instruction required to qualify as an emergency medical technician.

House Bill 2916 (authorizing certain first responders to carry firearms) authorizes supervising entities to authorize reserve deputies, ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearms. It specifies the training required for them to be eligible to carry a firearm and allows them to be reimbursed for the cost of the training.

House Bill 3004 (relating to filling vacancies in offices of state officials, United States Senators, Justices, judges, and magistrates) requires vacancies in offices of state officials to be filled with an individual of the same political party with which the individual vacating the office was affiliated at the time of his or her election to the vacated office. The bill additionally provides similar language relating to legislators and county commissioners and revamps the procedure for selecting persons to fill vacancies on a county commission.

House Bill 3005 (relating to regulation of unmanned aircraft systems) regulates the use and operation of unmanned aircraft systems. The bill additionally prohibits the use of a lethal weapon on an unmanned aircraft system and prohibits the interference with the flight of a manned aircraft and provides criminal penalties for violations.

House Bill 3089 relates to the adoption of instructional resources for use in the public schools.

House Bill 4002 (providing that all delegates shall be elected from one hundred single districts following the United States Census in 2020) provides that in the reapportionment and redistricting following the 2020 US census that the House of Delegates shall comprise one hundred single member districts. West Virginia is currently one of only 10 states that still employ multi-member districts.

House Bill 4013 (clarifying venue in West Virginia state courts as it applies to nonresidents of the state) clarifies venue in West Virginia state courts as it applies to nonresidents of the state, and to provide that nonresidents generally may not bring an action in the state unless a substantial part of the acts or omissions giving rise to the claim occurred in the state in order to preserve access to West Virginia courts for West Virginia residents and nonresidents who are actually injured in the state.

House Bill 4026 exempts cashiers from licensure under the Larry W. Border Pharmacy Practice Act.

House Bill 4035 creates a legislative coalition to study and report to the Legislature on palliative care.

House Bill 4135 updates the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act.

House Bill 4146 (updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act) updates the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; and specify effective dates.

House Bill 4150 (prohibiting telecommunications and IP-enabled voice services from displaying the name or telephone number of the recipient) prohibits spoofing caller ID information that is fraudulent or misleading.

House Bill 4169 (requiring certain establishments and facilities to post human trafficking assistance notices) requires posting of a notice in designated locations of a hotline available for people to call to report human trafficking to be posted in areas where persons are subject to human trafficking; authorizing state representatives to give notices; and establishing penalties for failure to post.

House Bill 4174 designates the placement of nonpartisan judicial offices on the primary election ballot.



Additional House Bills

House Bill 2546 would allow replacement costs of employer provided property to be deducted from an employee’s final paycheck if the property is not returned. This bill will be on third reading Monday.

House Bill 4183 relates generally to standardized testing requirements for nonpublic schools. This bill will be on third reading Monday.

House Bill 2799 would prohibit the superintendent of schools from requiring a physical examination to be included to the application for a minor’s work permit. This bill will be on second reading Monday.

House Bill 4010 would provide no requirement to perform or host a marriage ceremony that does not conform to sincerely held religious beliefs. This bill will be on second reading Monday.

House Bill 2831 relates to the reconstitution of the Driver’s Licensing Advisory Board. This bill will be on first reading Monday.

House Bill 4006 would revise the processes through which professional development is delivered for those who provide public education. This bill will be on first reading Monday.

House Bill 2026 would provide a maximum repair cost for insured owners of motor vehicles if a collision with a deer caused the damage.

House Bill 2039 would establish a tax credit for new businesses that locate in the state.

House Bill 2055 would include volunteer firefighters within the Public Employees Insurance Act.

House Bill 2172 would provide that school nutrition plans include take home meals for low income students.

House Bill 2322 would prohibit sex offender registrants from having Halloween related contact with children.

House Bill 4032 would withhold pay of a legislator who misses an entire floor session.

House Bill 4148 would allow medical marijuana to be grown outdoors by licensed growers.

House Bill 4177 would prohibit smoking of tobacco products in a motor vehicle while an individual sixteen years of age or less is present.

House Bill 4191 would prohibit employees of the state who have convictions for driving under the influence from driving or operating state owned vehicle.

2018 Cowles
Majority Leader Cowles
Majority Leader Cowles addresses the House of Delegates in regard to the decision to eliminate the Film Tax Credit.
PHOTO: Perry Bennett
Wrap-up, 2018 Edition:
Vol. XXIX, Issue 5 (02/20/18) - Web Version
Vol. XXIX, Issue 4 (02/12/18) - Web Version
Vol. XXIX, Issue 3 (02/02/18) - Web Version
Vol. XXIX, Issue 2 (01/30/18) - Web Version
Vol. XXIX, Issue 1 (01/24/18) - Web Version

Wrap-up, 2017 Edition:
Vol. XXVIII, Issue 7 (04/01/17) - Web Version
Vol. XXVIII, Issue 6 (03/27/17) - Web Version
Vol. XXVIII, Issue 5 (03/17/17) - Web Version
Vol. XXVIII, Issue 4 (03/10/17) - Web Version
Vol. XXVIII, Issue 3 (03/06/17) - Web Version
Vol. XXVIII, Issue 2 (02/24/17) - Web Version
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Wrap-up, 2016 Edition:
Vol. XXVII, Issue 6 (03/07/16) - Web Version
Vol. XXVII, Issue 5 (03/03/16) - Web Version
Vol. XXVII, Issue 4 (02/23/16) - Web Version
Vol. XXVII, Issue 3 (02/12/16) - Web Version
Vol. XXVII, Issue 2 (02/05/16) - Web Version
Vol. XXVII, Issue 1 (01/29/16) - Web Version

Wrap-up, 2015 Edition:
Vol. XXVI, Final Issue (June 2015) - Web Version
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Vol. XXVI, Issue 5 (02/27/15) - Web Version
Vol. XXVI, Issue 4 (02/20/15) - Web Version
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Wrap-up, 2014 Edition:
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Vol. XXI, Final Issue (04/07/10) - Download
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Wrap-up, 2009 Editions:
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Wrap-up, 2008 Editions:
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Wrap-up, 2007 Editions:
Vol. XVIII, Final Issue (04/16/07) - Download
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Download Wrap-up, 2004 Editions:
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