IN REVIEW
Under the Dome delivers a review of the issues being considered by the 85th West Virginia Legislature. It provides information on matters that affect WVU and higher education. This edition provides an update on the third week of legislative session, including several high-profile bills introduced and being debated.
SENATE BILLS 7 AND 11
Senate Bill 7, which passed the Senate unanimously after a compromise amendment between
Republican and Democratic leaders, would seek to limit political activity of public
employees while on duty or while using a vehicle owned or leased by a State agency
of a political subdivision of the State.
Senate Bill 11 declares a work stoppage or strike by public employees to be
unlawful. The bill passed the Senate 21-12, splitting across partisan lines, on February
22. The bill will be considered by the House sometime this week. If passed, the bill
will return to the Senate for further consideration because the House amended it.
ECONOMIC DEVELOPMENT AND TOURISM
House Bill 2019 would elevate the Division of Tourism, Office of Economic Development and the director positions leading those offices from branches of the Department of Commerce to independent cabinet-level positions and departments. Governor Justice believes this will help in attracting and marketing the Mountain State to businesses and tourists.REMOTE WORKER LEGISLATION
During his State of the State address, Governor Justice announced that he is submitting
a bill to the Legislature to help attract remote workers to West Virginia. Senate
Bill 373 and House Bill 2026, which would modernize the collection of State corporate
income taxes for mobile workforces, were introduced last week. The legislation
is in support of the joint efforts of the University and the West Virginia Division
of Tourism on this initiative.
According to the Governor’s Office, if passed, the bill will modernize West Virginia’s
corporate tax structure, incentivizing not only remote workers but also businesses
looking to locate their operations in West Virginia, by making the following changes:
• Adopts model tax provisions regarding treatment of remote or mobile employees to
remove barriers to businesses that have a remote workforce in West Virginia;
• Ends the “throw out” rule in West Virginia, which artificially increase the
state income tax burden for certain businesses;
• Moves this state from “origin sourcing” to “market sourcing” – putting us in line
with, and making us competitive with the majority of jurisdictions in the U.S.;
and
• Adopts “single sales factor” apportionment, meaning that businesses will no longer
be penalized on their West Virginia income taxes for having property or payroll
within the state.
The West Virginia Department of Revenue projects that this legislation will be revenue
neutral, even considering all the benefits it will provide.
For more information on the purpose of the legislation, please visit:
https://governor.wv.gov/News/press-releases/2021/Pages/Gov.-Justice-submits-legislation-to-make-West-Virginia-a-haven-for-remote-workers-by-reforming-corporate-tax-laws.aspx
.
SODA TAX
Four bills have been introduced that would affect the soft drinks tax.
House Bill 2301, sponsored by Delegates Geoff Foster (R-Putnam) and Joe Jeffries
(R-Putnam), would repeal the soft drinks tax. The University receives approximately
$14 million a year that goes to Health Sciences for the maintenance and operation
of the dental, nursing, and medical schools.
Senate Bill 278, sponsored by Senators Dave Sypolt (R-Preston) and Randy Smith (R-Tucker),
would redirect the soft drinks tax from the University to county governments for
law enforcement services.
House Bill 2140, sponsored by Delegates Tony Paynter (R-Wyoming), Pat McGeehan (R-Hancock)
and Carl Martin (R-Upshur), would redirect the soft drinks tax from the University
to PEIA.
House Bill 2649, sponsored by Delegate Sean Hornbuckle (D-Cabell), would modify the
tax on soft drinks to cover all sugary drinks. The bill would provide $18 million
in funding for WVU’s medical, nursing and dental schools and $5 million for Marshall’s
medical school and $3 million for the School of Osteopathic Medicine. Excess proceeds
will be used to give teachers and school service personnel a pay raise.
While none of the bills have seen action by the committees to which they were
assigned, the government relations team will continue to monitor them and any other
bill that would affect the soft drinks tax.
CAMPUS CARRY
Senate Bill 246 would allow licensed employees and students to carry a concealed
weapon on the campus of a public higher education institution. The bill is the
same as the bill that passed the House and failed in the Senate Judiciary Committee
in 2019.
As we stated during the debate in 2019, the University does not support this bill.
We maintain that, in matters relating to campuses across the System, the Board
of Governors is in the best position to make decisions. The University has consistently
indicated it prefers current law and local control as it relates to this issue.
While this bill has not seen action by the Senate Judiciary Committee, the
government relations team will continue to monitor it and any other bill that would
permit guns on campus.
BILLS INTRODUCED
More than 1,300 bills have been introduced during the 2021 regular session. Those
being followed by our government relations team and of most interest to the University
include:
House
HB 2001 – Creating the West Virginia Jumpstart Savings Program
HB 2002 – Relating to broadband
HB 2003 – Relating to the authority and obligations of the governor and Legislature when in declared states of preparedness and emergencies
HB 2007 – Provide for occupational licenses or other authorization to practice by recognition for qualified applicants from other states
HB 2012 – Relating to public charter schools
HB 2014 – Relating to the role of the Legislature in appropriating federal funds
HB 2017 – Rewriting the Criminal Code
HB 2022 – Budget bill
HB 2024 – Expanding use of telehealth to all medical personnel
HB 2033 – Establishing matrix necessary for an institution of higher education to become exempt from the Higher Education Policy Commission
HB 2042 – Exempting sales tax of small arms and small arms ammunition from state sales and use taxes
HB 2071 – Eliminating certificate of need
HB 2077 – Eliminating the certificate of need program
HB 2082 – Changing the persons responsible for the taxes on soft drinks and soft drink syrups
HB 2140 – Redirecting excise tax revenue on bottled soft drinks from WVU to PEIA
HB 2172 – College Graduate Tax Credit
HB 2249 – Permitting customers and developers to enter into solar power purchase agreements
HB 2256 – Providing municipal services user fee may not be imposed on employees of the State
HB 2264 – Hospital exemptions from certificate of need
HB 2271/ HB 2289 – Requiring compulsory immunization of public school children
HB 2287 – Providing for solar energy production on formerly mined land
HB 2301 – Repealing the soft drink tax
HB 2315 – Relating to PROMISE Scholarship Program requirements
HB 2338 – Adding pasteurized milk and other dairy food produced or processed in West Virginia to the list of items required to be purchased by all State-funded institutions
HB 2484 – Relating to closure of higher education institutions
HB 2486 – Qualifying not-for-profit private baccalaureate institutions for the Advanced Career Education Programs and the West Virginia Invests Grant Program
HB 2487 – Creating a Campus Mentors pilot program
HB 2490 – Requiring fifty percent of all re-appropriated revenue accounts to be surrendered to general revenue
HB 2499 – Tax reduction for arms and ammo manufacturing
HB 2529 – Prohibiting institutions of higher learning and state agencies from discriminating against graduates of private, nonpublic or home schools by requiring them to submit to alternative testing
HB 2583 – Authorizing student athletes to be compensated for name, image or likeness
HB 2586 – Expanding the amount of PROMISE Scholarship funds awarded to persons majoring in science, technology, engineering and mathematics
HB 2591 – Allowing drug courts to establish their own process for accrediting community drug recovery programs in certain cases
HB 2595 – Prohibiting “divisive concepts” from schools, state agencies and any groups receiving State funding
HB 2637 – West Virginia Residential Incentive Tax Credit Act
HB 2649 – Modifying the tax on soft drinks to only cover sugary drinks
HB 2655 – Expanding felony hate crime protections to individuals on the basis of perceived or actual sexual orientation
HB 2657 – Relating to the antihazing law
HB 2728 – Require all vaccinations for school attendance be included in West Virginia Code
HB 2746 – Establishing behavioral health workforce education initiative at the Higher Education Policy Commission
HB 2750 – Transferring certain property to the Economic Development Office
HB 2763 – Creating West Virginia Cyber Incident Reporting
HB 2771 – Creating the Economic Development Tuition Waiver
HB 2778 – Creating the Education Tax Credit
HB 2783 – Permitting a licensed physician to grant a medical exemption from the required immunizations for a child to enter a school or State-regulated child care center
HB 2787 – Authorizing the director of the Division of Purchasing to increase or decrease the dollar limit of agency-delegated procurements based upon inspection
HB 2793 – Permit out-of-state residents to obtain West Virginia concealed carry permits
HB 2805 – Making Pierpont Community and Technical College a division of Fairmont State University known as Pierpont College of Community and Technical Education
Senate
SB 1 – Providing for parity of payment for telehealth services between service
in-person and service provided through telehealth platform
SB 3 – Relating to COVID liability
SB 5 – Creating Intermediate Court of Appeals
SB 7 – Limiting political activity by public employees
SB 11 – Declaring work stoppage or strike by public employees to be unlawful
SB 14 – Providing for additional options for alternative certification of teachers
SB 15 – Relating generally to in-field master’s degree
SB 47 – Creating New Worker Relocation Incentive Program
SB 64 – Allowing certain out-of-state residents to ride a motorcycle without helmet
SB 66 – Creating Voluntary WVU Rifle Team Check-off Program on hunting and fishing licenses
SB 77 – Allowing certain motorcycle operators to ride without helmet
SB 84 – Relating to allocation of premiums of employers and employees in PEIA
SB 86 – Creating Office of Outdoor Recreation
SB 109 – Prohibiting civil rights violations
SB 117/ SB 232/ HB 2547 – Creating Stay in State Tax Credit
SB 125 – Budget Bill
SB 231 – Generally related to medical cannabis
SB 241 – Providing tax credit for new graduates of in-state or out-of-state higher education institution, community or technical college, or trade school
SB 242 – Establishing Promise for All Scholarship Program
SB 246 – Allowing licensed employees, staff, and students of public universities to carry concealed weapon
SB 253/ HB 2308 – Implementing Business PROMISE+ Scholarship
SB 254/ HB 2538 – Adding definitions of “sexual orientation” and “gender identity” to categories covered by Human Rights Act
SB 273 – Expanding telehealth to all medical personnel
SB 275/ HB 2023 – West Virginia Appellate Reorganization Act of 2021
SB 277/ HB 2021 – Creating COVID-19 Liability Act
SB 278 – Redirecting excise tax revenue on bottled soft drinks from WVU to counties for law enforcement support
SB 301 – Relating to patients’ rights and vaccinations
SB 307 – Relating generally to in-state tuition rates for certain persons
SB 334 – Establishing license application process for harm reduction programs
SB 335 – Making PROMISE Scholarships available for students at accredited community and technical colleges
SB 373/ HB 2026 – Modernizing collection of corporate income taxes for mobile workforce
SB 395 – Expanding PEIA Finance Board membership
SB 398 – Relating to moratorium on PEIA coverage with exceptions
SB 453 – Creating inventory and mapping of all roads in state parks, state forests and national parks
SB 486 – Relating to powers and duties of chief technology officer
SB 470 – Limiting release of certain personal information maintained by government agencies
LEGISLATIVE CALENDAR AND IMPORTANT DATES
Last Day to Introduce Bills in House Tuesday, March 16, 2021Last Day to Introduce Bills in Senate Monday, March 22, 2021
Bills Due Out of Committees Sunday, March 28, 2021
Last Day to Consider Bills on Third Reading Wednesday, March 31, 2021
Last Day of Regular Session Saturday, April 10, 2021
Due to the COVID-19 pandemic, no activities are taking place this year at the State
Capitol, including WVU and WVU Extension Day. Additionally, due to the health regulations,
visitors to the Capitol will need to have an appointment with a legislator or be
seeking services from a state agency within the capitol building.
WVU AT THE STATE CAPITOL
Travis Mollohan and Rocco Fucillo, both from WVU’s State Government Relations team, represent WVU at the State Capitol during the legislative session. They can answer questions about any issues addressed by the Legislature. You can contact them at: Travis Mollohan ( tmolloh1@mail.wvu.edu) or Rocco Fucillo ( rsfucillo@mail.wvu.edu).MORE INFORMATION
To learn more about the Legislature, including district maps, bill tracking, committee assignments and a summary of legislative activities, please visit wvlegislature.gov.
To learn more about WVU’s legislative and government relation initiatives, please visit governmentrelations.wvu.edu.