Tobacco tax debate, Liberty Caucus move highlight 3rd day of special session

CHARLESTON, W.Va. — The third day of the legislature’s special session on the budget was highlighted Wednesday by an emotional debate on the Senate floor and a behind-closed-doors meeting between some House Republicans and the Democrats.

The state Senate will take a final vote Thursday on Gov. Earl Ray Tomblin’s bill to increase the tobacco tax by 45 cents. The bill made it through Wednesday’s amendment stage without any major changes but there was an attempt to change the bill to exclude smokeless and chewing tobacco from the tax increase.

Sen. Ryan Ferns (R-Ohio) proposed the amendment to exclude snuff and chew from tax increase.
Sen. Ryan Ferns (R-Ohio) proposed the amendment to exclude snuff and chew from tax increase.

Sen. Ryan Ferns (R-Ohio), who is also the Senate Health Committee chair, proposed the amendment which would have reduced the money gained from the tax increase by $4.7 million. Senate Democrats had an emotional response to the proposal. Sen. Ron Stollings (D-Boone), a medical doctor, said the large tobacco lobby was controlling Senate Republicans.

“Who’s really doing and changing West Virginia folks? I’m embarrassed. I’m embarrassed that the tail is wagging the dog,” Stollings said pointing at the tobacco lobbyists in the gallery during one part of his remarks.

But Senate Majority Leader Mitch Carmichael said the bill would have a better chance of getting through the House of Delegates by exempting chew and snuff.

“There is a very high likelihood that the $71.5 million and the health benefits associated to that will accrue to this state and to our citizens if we pursue this path. Otherwise, it’s in jeopardy,” Carmichael said.

Ferns later withdrew the proposed amendment after fellow Republican, Sen. Tom Takubo (R-Kanawha), a lung doctor, said he couldn’t vote in the favor of the exemption.

“I don’t see how you can justify telling oral tobacco smokers that we’re going to put a tax on them and the same leaf and the same product we’re not going to put a tax on (smokeless and chewing tobacco) users,” Takubo said.

Senate Republicans failed to get enough support to be able to vote on the tax increase Wednesday. The final vote on the bill, with a tax increase that covers all tobacco products, is set for Thursday’s floor session. Its chances in the House remain up in the air with the smokeless and chewing tobacco still in the bill.

The Senate did give unanimous approval to the bill (SB 1002) Wednesday that would fill the revenue hole in the current state budget. The governor’s plan, which is for more than $63 million, takes $29 million out of the Rainy Day Fund.

Meanwhile, in the House, approximately 10 Republicans, members of the Liberty Caucus, met with House Democrats in their caucus.

“Remainder of House Republicans reportedly incensed that Liberty Caucus met behind closed doors with House Dems today,” MetroNews Talkline Host Hoppy Kercheval tweeted.

Many members of the Liberty Caucus have signed a no tax pledge and at times have been an obstacle for the House’s Republican leadership.

Members of the House Finance Committee continued to question state agency heads about how they would handle additional budget cuts in a Wednesday afternoon meeting.

Marshall University Legislative Liaison Bill Burdette was asked what another five to 10 percent budget cut would do to MU.

“At that point it would affect programs and personnel,” he said.

Marshall’s state allocation has been cut by $11.5 million in the last three years, Burdette said. Marshall gets 23 percent of its budget from the state’s coffers.

Gov. Tomblin told reporters he agreed with the House’s approach of speaking directly to state agencies about their budgets.

“They need to ask the department heads, if they are looking at making cuts, ‘What is this half million dollars for? This million dollars?'” Tomblin said.

Additional committee meetings and floor sessions are scheduled for Thursday at the state capitol.





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