CHARLESTON — While most eyes were on the House of Delegates Wednesday for its long debate on amendments to the omnibus education bill, the Senate more or less quietly worked through a list of bills. There was one blip in the routine for a disagreement over a committee report on a smoking bill.
The bills
— SB 40 establishes a Military Service Members Court. It would allow for military members charged with certain offenses and is eligible for probation to enter into an agreement with the court to participate and undergo appropriate treatment. Successful program completion would make the member eligible for withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
Sole sponsor Ryan Weld, R-Brooke, a veteran, noted that the state Supreme Court operated a program of this nature until 2016, when it was ended citing lack of funds. He observed that 300,000 veterans suffer from PTSD or depression and often wrestle with substance abuse issues that land them in court.
This program can help them get their lives back, he said. It passed 33-0 and goes to the House.
— SB 47 is the third annual try at ending the tax break on windmills. It keeps dying in the House.
For property tax purposes, windmills are categorized as personal property that is a pollution control facility; 79 percent of the windmill’s total value is taxed at salvage rate: 5 percent of the full assessed value. Under the bill, windmills would be considered real property and taxed at full assessed value.
It passed 27-6 and goes to the House.
— SB 153 deals with funds for local water and sewer improvement projects. Now, the state Infrastructure and Jobs Development Council uses money in its Infrastructure for loans and grants.
The bill says that that the start of any calendar year, if of any year, the amount available for grants in any congressional district is below $150,000, the council may convert up to 30 percent of the funds available for loans in that congressional district to be used for grants within the congressional district.
It passed 33-0 and goes to the House.
— SB 285 establishes the conditions allowing the sale of homemade food items — excluding meat and poultry — for sale to consumers at farmers markets. It exempts the items from licensing, permitting, inspection, packaging, and labeling laws. It passed 33-0.
— SB 461 spells out the details for hold state income taxes form lottery winnings. It updates the provision allowing winners of gross prizes of $1 million or more — or pool winners who individually win $1 million or more — to have their names withheld. It eliminates the 5 percent off-the-top fee the Lottery Commission was previously allowed to skim for the privilege. It passed 33-0.
— SB 481 anticipates the state losing a congressional district after the 2020 census and adjusts how membership for the eight-member Judicial Vacancy Advisory Commission is apportioned. Current code provides for no more than three members from any one district.
The bill changes it to no more than four members from one congressional district and, to ensure some geographic diversity, no more than two from any state senatorial district. It passed 33-0.
— SB 2446 establishes a Blue Alert Plan to inform the public of a law-enforcement officer who is missing in the line of duty or a suspect or suspects who kill or inflict a life-threatening injury upon a law-enforcement officer. Passed 33-0.
The blip
SB 348 is a bill to raise the age for purchase of tobacco and vaping products to 21.It passed out of Senate Health on Tuesday and was reported to the floor Wednesday, but is second-referenced to Judiciary, where similar bills have died in previous years.
Sen. Ron Stollings, D-Boone, made a motion to waive the Judiciary reference and bring it to the Senate floor sooner, but Judiciary chair Charles Trump objected. So Stollings made a motion for the same thing, which led to a “division,” where Senators vote by standing for or against.
His motion failed 14-19, and at the conclusion of the floor session Stollings expressed regret he didn’t spell out his reasoning more clearly.
Tobacco use costs billions of dollars annually in healthcare costs and lost productivity, he said. Youth vaping has become such a big problem even big Tobacco has gotten behind “T-21” legislation. The U.S. military is also backing such bills and is moving toward becoming tobacco free.
“This is a very important public health issue,” he said, and urged Trump to get it on an agenda.
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