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West Virginia Legislative Brief 2/9/2018

Legislative Action by the Numbers:

990 bills introduced in the House
511 bills introduced in the Senate
50 bills have passed the House 
67 bills have passed the Senate 
2 bills have completed legislative action 
1 bill has been signed into law by the Governor

My View from the Capitol:

We are officially over the hump as yesterday marked the halfway point of the 2018 Legislative Session. With only 29 legislative days remaining, look for the pace to pick up both in committee and in their respective chambers as there are many pieces of significant legislation still pending.

The much anticipated Co-Tenancy Modernization and Majority Protection Act (HB 4268) was the topic of a House Judiciary public hearing this morning in the House Chamber. As expected, there were speakers representing both sides of the proposed legislation. The House Judiciary Committee is expected to debate the bill in full committee where it is hopeful to have a majority of votes to ultimately pass out and then be sent to the full House for final consideration. 

Other bills pending action include SJR 9/HJR 106 are most commonly referred to as the “Just Cut Taxes and Win Amendment." These joint resolutions would require a constitutional amendment to be placed on the November ballot that would phase out the tangible personal property tax on industrial equipment and Inventory over the next seven years. These existing taxes are currently required by our state constitution, which go directly to the counties where they are collected. The proposed amendment would lock in the current amount that is collected from this tax and require the state to annually reimburse each county that amount. SB 341 would create an Intermediate Appellate Court which has for over 10 years been on the business community’s radar. Even with an $11.7 million dollar estimated fiscal note (as prepared by the West Virginia Supreme Court and is highly questioned as to its validity and accuracy), look for this legislation to continue to move through the legislative process.

Lastly, put on your calendars to attend the West Virginia oil and gas industry’s energy rally on February 21 at 10:00am on the State Capitol steps facing Kanawha Boulevard. Speakers include Governor Jim Justice, Senate President Mitch Carmichael, Speaker of the House Tim Armstead, as well as numerous state legislators and industry representatives. This event is free and open to the public.

Legislative Calendar - Important Days to Remember

First Day - January 10

20th Day - January 28 - Submission of Legislative Rule-Making Review Bills due

35th Day - February 13 - Last day to introduce bills in the House

41st Day - February 19 - Last day to introduce bills in the Senate

47th Day - February 25 - Bills due out of committee in house of origin to ensure three full days for readings

50th Day - February 28 - Last day to consider bills on third reading in house of origin. Does not apply to the budget bill or supplemental appropriation bills.

60th Day - March 10 - Adjournment at midnight

© Steptoe & Johnson PLLC. All Rights Reserved.National Law Review, Volume VIII, Number 40



About this Author

L. Gil White, Government Relations Coordinator, Political Liaison Lawyer,
Government Relations Coordinator - WV

Gil White is a former 14-year elected member of the West Virginia State Legislature and a former political liaison to Governor Joe Manchin III.

During the 2016 WV Legislative Session, Mr. White discussed the sales tax exemption bill with Phil Kabler of The Charleston Gazette-Mail.  Click here to read the article.  

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