HB2646 S JUDICIARY AMT

Lovell 7908

            The Committee on the Judiciary moved to amend the bill by striking out the title and substituting therefor a new title, to read as follows:

            Eng. House Bill No. 2646--A Bill to repeal §11-12-86 of the Code of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24, §29-3-25 and §29-3-26 of said code; to amend said code by adding thereto a new section, designated §9A-1-11b; to amend and reenact §11-17-3 of said code; to amend and reenact §16-2-11 of said code; to amend said code by adding a new section, designated §16-2-13a; to amend said code by adding thereto a new article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11, §29-3E-12 and §29-3E-13; and to amend and reenact §61-3E-1 and §61-3E-11 of said code, all relating to raising funds for veterans’ facilities generally, increasing the excise tax on cigarettes by one dollar over a two year period beginning July 1, 2015; dedicating twenty million dollars from cigarette excise taxes collected to the Veterans Program Fund for building a new veteran’s facility; creating the West Virginia Veterans’ Program Fund in the office of the State Treasurer; dedicating twenty million dollars from cigarette excise taxes collected from July 1, 2016 through June 30, 2017, to the Consolidated Medical Services Fund, Continuum of Care exclusively for purposes of treating controlled substance abuse and operating drug treatment facilities; dedicating two million dollars annually, beginning July 1, 2015 to the Fire Protection Fund for distribution to Volunteer Fire Departments; legalizing and regulating the sale and use of fireworks; eliminating the prohibition on the sale, possession and ignition of fireworks; eliminating the requirement that the State Fire Marshal seize and destroy fireworks and combustibles illegally held; establishing age limitation for purchase and sale of consumer fireworks; eliminating the prohibition on nonresidents without in-state legal counsel to obtain a permit for conducting of a pyrotechnic display; increasing the sparkler and novelty registration fee; eliminating certain defined terms; eliminating exemptions; defining terms relating to consumer fireworks; creating standards for the production and transport of fireworks; establishing registration requirements for sales of sparklers, novelties and toy caps; requiring local boards of health to assist Fire Marshal’s office in developing a fireworks safety program; clarifying that certain veterans’ organizations and racetrack video lottery facilities may only allow smoking of tobacco products if non-smoking areas are provided; setting ventilation age and space requirements for racetrack video lottery facilities which allow smoking; creating a certification requirement for the sale of consumer fireworks; limiting sale of consumer fireworks to certain facilities including parking lots of certain veterans’ organizations, licensed racetrack video facilities, retail store parking lots and freestanding stores; establishing permit requirements for public fireworks displays; specifying imposition of a fireworks safety fee of ten percent of sales for the retail sale of consumer fireworks dedicated to the West Virginia Veterans’ Program Fund; specifying collection and deposit of monies from fees, specifying one percent retainage by Tax Commissioner for administration, designating the allocation and distribution of the fee; creating the West Virginia Veterans Program Fund to be administered by the Department of Veterans’ Assistance; regulating public fireworks displays; providing for rules; authorizing seizures by the State Fire Marshal; and providing exemptions; and providing for criminal penalties.

Adopted

Rejected