CHARLESTON – It was another booze and bullets day at the Legislature on Friday. Senate Judiciary gave its approval to two alcohol bills and a gun bill.
SB 482 updates a piece of code dealing with guns on school campuses to conform with other Constitutional carry code.
Under current law, anyone 21 or older “who has a valid concealed handgun permit may possess a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other areas of vehicular ingress or egress to a public school.”
Constitutional carry allows anyone who may lawfully possess a gun to carry without a permit.
So the bill changes one phrase, to say anyone 21 or older “who may lawfully possess a firearm, may possess a concealed handgun while in a motor vehicle in a parking lot, traffic circle, or other areas of vehicular ingress or egress to a public school.”
It passed in a unanimous voice vote, though some chose to remain silent rather than vote no. it goes to the Senate floor.
SB 625 would allow nonprofit charities to team with private clubs to offer one-day, one-time, once-a-year fundraising auctions of rare, antique and vintage liquor.
The vent would be held on the club’s premises. The buyer would have to pay for and take home the liquor that day; delivery would be prohibited. At least 80% of the proceeds would have to directly to the charity before accounting for expenses.
The bill came from the Alcohol Beverage Control Administration and ABCA would charge a $500 fee for the event license.
The fee led to an extended debate between ABCA General Counsel Anoop Bhasin and Sen. Patricia Rucker, R-Jefferson.
Rucker objected to the size of the fee, saying it would cut into the proceeds the charity could earn. “We’re charging them for the privilege of begin able to make money for charity.”
Bhasin countered that they’re charging for the privilege of the club selling liquor to be transported off premises. That’s currently illegal: Private clubs (bars and restaurants, essentially) can only sell for on-site consumption.
The state already charges a numb of license fees for other activities, he said. Fairs and festivals have to pay $750 to sell liquor. And the clubs will make significant revenue from food and liquor sales during these auctions.
The figure, he said, reflected them not want to charge too much, but also not too little. “It is a significant responsibility that comes with the sale of liquor, as it is a stronger alcohol content.”
After the debate, Rucker offered an amendment to lower the license fee to $300, but that failed in a 4-7 show of hands. The bill then passed in a unanimous voice vote. It goes to the Senate floor.
SB 629 spells out the alcohol by volume (ABV) content for various types of wine. Fortified wine (with brandy or other alcohol added) will have an ABV up to 24%. This category also includes nonfortified dessert wines with ABV of 17% to 24%.
Another level of nonfortified dessert wine has ABV of 14.1% to 17%. Table wine has ABV of .5% to 14%.
The bill also eliminates a bonding requirement for wine sellers. Bhasin said ABCA has never taken any bond actions. If a seller breaks the law it faces loss of its license.
It passed unanimously and goes to the Senate floor.
Abortion bill
On Thursday, the Senate Health and Human Resources committee approved, without amendment, HB 4007, the Born-Alive Abortion Survivors Protection Act.
The bill defines the meaning of “born alive” to mean that after expulsion or extraction from the mother, the baby breathes, has a heartbeat, umbilical cord pulsation or definite movement of voluntary muscles.
It requires a physician who attempts or performs an abortion that results in a live birth to exercise due medical judgment to preserve the baby’s life and have it transported to a hospital. For failure to comply, it sets civil and criminal penalties for the physician and any witnesses who fail to report the failure, but exempts the patient.
On the House floor, opponents suggested that the bill is a solution in search of a problem, since this has never happened in West Virginia. Supporters cited the gruesome example of Kermit Gosnell, a Philadelphia-based abortionist who was convicted on three murder counts for killing three babies born alive after botched abortions.
Sen. Ron Stollings, D-Boone and a physician and former committee chair, asked if there was anyone in the audience who was an obstetrician or stakeholder who could speak to the necessity of the bill. No one came forward.
The bill passed in an overwhelming voice vote, with only one audible no. But committee vice-chair Eric Tarr, R-Putnam, raised a few eyebrows by calling for a roll-call vote. It then passed again, 11-1, with Sen. Corey Palumbo, D-Kanawha, the only vote against.
HB 4007 goes next to Senate Judiciary.
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