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Legislators reject financial impact request for prevailing wage bill

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By Phil Kabler

Democrats in the Legislature could be feeling like Bill Murray in "Groundhog Day," reliving the same day over and over, as leadership on Tuesday again rejected their requests for data on the financial impact of legislation to repeal the state's Prevailing Wage Act (HB4005).

On Tuesday, Senate President Bill Cole, R-Mercer, did the honors, ruling that Sen. John Unger's request for a fiscal note on the bill's impact was not well taken.

Subsequently, Unger, D-Berkeley, moved to demand a fiscal note, and that motion was defeated on a party-line 16-18 vote.

That marked the ninth and 10th times that House and Senate leadership have rejected requests for economic impact studies or fiscal notes - which assess the financial impact of prospective legislation on affected state agencies - on the prevailing wage repeal bill.

"Why are they hiding it from the people? Why are they hiding it from us?" Unger said afterward. "I suspect the information they're keeping from us doesn't support the rhetoric they're perpetuating."

Unger cited Senate rule 15-A, which requires a fiscal note for any bill that "increases or decreases the revenue or fiscal liability" of the state, or any county or municipality.

"Surely, any type of decrease in wages or increase in job creation would increase or decrease state revenue," Unger argued.

However, Cole ruled that repealing prevailing wage rates for major state-funded construction projects would not affect the state's general revenue fund or create any financial liabilities for the state.

Last week, when the bill was before the House of Delegates, House Speaker Tim Armstead, R-Kanawha, similarly ruled that a request for a fiscal note was out of order, saying the bill has no fiscal impact on the state.

Similarly, a series of requests for financial data on the bill's impact were also rejected in the House and Senate Government Organization committees - the only two legislative committees to review the repeal bill.

Also Tuesday, the Senate defeated - also on a partisan 16-18 vote - a motion by Minority Leader Jeff Kessler, D-Marshall, to reject the bill on its first reading on the Senate floor.

"We have no facts, no stories, no financial data that's been asked for on this ... that would show that any West Virginian would benefit one iota from passage of this repeal bill," Kessler said, in making the motion.

Senate Republicans, including Sen. Greg Boso, R-Nicholas, countered that it is time to end what they called over-inflated wage rates.

"We've protected a class of people in West Virginia for way too long," Boso said.

Tuesday's action paves the way for a passage vote on Thursday, which would send the bill to Gov. Earl Ray Tomblin with ample time left in the regular session to override an expected gubernatorial veto.

In a statement issued later Tuesday, Cole dismissed the Democrats' actions as political gamesmanship.

"It is disheartening to me that in the short window of time that we have, we must continue to waste precious time with obstruction and political games that do nothing to get West Virginians back to work or grow our state's economy," Cole said, in a statement issued on the 21st day of the 60-day legislative session. "We remain committed to advancing reforms that will move our state forward."

Unger said he's never seen such divisiveness in his 17 years in the Senate.

"Washington politics has entered into the West Virginia Legislature. ... It's shameful," Unger said, blaming Cole for the partisan divide and unwillingness to compromise.

"He has divided the Senate. How's he going to unite West Virginia?" Unger said, alluding to Cole's candidacy for governor.

Reach Phil Kabler at philk@wvgazettemail.com, 304 348-1220, or follow @PhilKabler on Twitter.


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