Legislative leaders Thursday announced that they will call the West Virginia Legislature back into special session beginning Saturday, hoping to resolve a now-90-day budget impasse with just three weeks left before a looming shutdown of state government.
However, the latest plan depends on the House of Delegates voting to pass a tobacco tax hike, including a 65-cent-a-pack increase on cigarettes, having rejected similar proposals in the regular session, and in a 55-44 margin of defeat on May 24 - with no real optimism going into the weekend that the third time will be the charm.
"It's a lot to ask to get a 65-cent increase through the House," House Majority Leader Daryl Cowles, R-Morgan, said of Gov. Earl Ray Tomblin's latest proposal to end the budget impasse. "I do think it's possible, but I think it will be a big challenge."
Following Tomblin's veto Wednesday of a budget bill (HB 101) that raided the Rainy Day reserve funds and relied on one-time funds to close nearly $250 million of a $270 million shortfall in the 2016-17 budget, the Senate plans to reconvene at 11 a.m., and quickly pass three bills, according to Majority Leader Mitch Carmichael, R-Jackson:
n A "compromise" package of tobacco tax increases, including a 65-cent-a-pack increase in cigarette taxes to raise close to $100 million a year in new revenue.
n A bill to transfer about $10 million in lottery profits that would go into the state Infrastructure Fund to the General Revenue fund.
n The new version of the 2016-17 budget bill.
"We think we'll have agreement on rules suspensions and get them passed and down there [to the House] in two or three hours," Carmichael said Thursday.
As to what happens when the tobacco tax increase reaches the House, which is set to reconvene at 2 p.m. Saturday, Carmichael commented, "I don't hear anything that encourages me to think it will pass."
Carmichael and Cowles said two factors are crucial for any chance of the tobacco tax passing in the House: Tomblin aggressively persuading House Democrats to support the increase, and recognition by all delegates that a July 1 government shutdown must be avoided.
"Last time, we didn't get any help from the Democratic caucus, and we came up short in our caucus to deliver 51 votes," Cowles said.
On May 24, 35 of 36 House Democrats voted against a 45-cent cigarette tax increase, with many contending that amount of increase would be insufficient, either as a deterrent to smoking or as a revenue producer.
They were joined by 20 House Republicans who voted against the tax hike, including several members of House Speaker Tim Armstead's leadership team.
"I think it's the right thing to do. It's a balanced approach," Carmichael said of Tomblin's latest proposal. "A tax on tobacco products is the best way to keep a needed balance in our savings accounts."
Cowles said he hopes legislators recognize that time is running short before a shutdown of government, with potentially disastrous consequences.
"I do think it's important we recognize a shutdown helps no one. We have to find common ground and a path forward before then," he said.
"I do not want to get anywhere near that," he said of the July 1 shutdown date. "I think it's important for everyday West Virginians to have the full services of their state government on July 1."
Meanwhile Thursday, five legislators staged a photo opportunity to donate their pay from the first 13 days of the special session to the state Treasury. State law does not provide a mechanism for legislators to forgo their legislative pay.
One of the legislators, Delegate Doug Reynolds, D-Wayne, also a candidate for attorney general, said the action was a gesture to constituents who are frustrated with the Legislature's failure to enact a budget plan.
"This is one small step to show West Virginians that we are taking this budget crisis seriously, and that legislators on both sides of the aisle are committed to working in a bipartisan way to find a responsible solution to move our state forward," he said.
Reach Phil Kabler at philk@wvgazettemail.com, 304-348-1220 or follow @PhilKabler on Twitter.