West Virginia 2017 Second Special Session Status: Enacted

HB 201 — Exempting military retirement income from personal income tax

Last action — Approved by Governor 10/24/17 - Senate Journal

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House of Delegates
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced October 16, 2017. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

39 added · 49 removed

Plain-language change summary

In the updated version of Bill HB 201, the language has been clarified to specify that the tax benefits apply to the first $2,000 of retirement income from West Virginia's public employee and teacher retirement systems, as well as certain military retirement income. Additionally, the previous text that referenced modifications and surviving spouses has been removed for simplicity, focusing more on the essential tax exemption details. These changes matter because they make it clearer for retirees what benefits they can expect, potentially easing their tax burden on retirement income.

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Latest
NEWS RELEASES HELPFUL LINKS Introduced Version « House Bill 201 History OTHER VERSIONS  —  Enrolled Version - Final Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS Enrolled Version - Final Version « House Bill 201 History OTHER VERSIONS  —  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia Legislature second exTraordinary session Introduced House Bill 201 By Mr.
Red = new code to be enacted WEST virginia Legislature second exTraordinary session ENROLLED House Bill 201 By Mr.
Armstead) and Delegate Miley (By Request of the Executive) [Introduced October 16, 2017] A BILL to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting military retirement income from personal income tax after specified date.
Armstead) and Delegate Miley (By Request of the Executive) [Passed October 17, 2017;
in effect from passage.] AN ACT to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting military retirement income from personal income tax after specified date.
(5) Annuities, retirement allowances, returns of contributions and any other benefit received under the West Virginia Public Employees Retirement System, and the West Virginia State Teachers Retirement System, and all forms of military retirement, including regular Armed Forces, reserves and National Guard including any survivorship annuities derived therefrom, to the extent includable in gross income for federal income tax purposes:
(5) Annuities, retirement allowances, returns of contributions and any other benefit received under the West Virginia Public Employees Retirement System, and the West Virginia State Teachers Retirement System, including any survivorship annuities derived therefrom, to the extent includable in gross income for federal income tax purposes:
(7) (A) For taxable years beginning after December 31, 2000, and ending prior to January 1, 2003, an amount equal to two percent multiplied by the number of years of active duty in the Armed Forces of the United States of America with the product thereof multiplied by the first $30,000 of military retirement income, including retirement income from the regular Armed Forces, reserves and National Guard paid by the United States or by this state after December 31, 2000, including any survivorship annuities, to the extent included in gross income for federal income tax purposes for the taxable year.
(7) (A) For taxable years beginning after December 31, 2000, and ending prior to January 1, 2003, an amount equal to two percent multiplied by the number of years of active duty in the Armed Forces of the United States of America with the product thereof multiplied by the first$30,000 of military retirement income, including retirement income from the regular Armed Forces, reserves and National Guard paid by the United States or by this state after December 31, 2000, including any survivorship annuities, to the extent included in gross income for federal income tax purposes for the taxable year.
NOTE:
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The purpose of this bill is the exempt from personal income tax military retirement income, including retirement income from the regular Armed Forces, reserves and National Guard paid by the United States or by this state after December 31, 2017, including any survivorship annuities, to the extent included in gross income for federal income tax purposes for the taxable year.
Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.
Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.
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Action History

  1. Approved by Governor 10/24/17 - Senate Journal

  2. To Governor 10/20/17 - Senate Journal

  3. Chapter 4, Acts, 2nd Extraordinary Session, 2017

  4. Approved by Governor 10/24/17

  5. To Governor 10/20/17

  6. House received Senate message

  7. Completed legislative action

  8. Communicated to House

  9. Effective from passage (Roll No. 9)

  10. Passed Senate (Roll No. 9)

  11. Read 3rd time

  12. Read 2nd time

  13. Constitutional Rule Suspended (Roll No. 8)

  14. Read 1st time

  15. Committee reference dispensed

  16. Immediate consideration

  17. Introduced in Senate

  18. House Message received

  19. Communicated to Senate

  20. Effective from passage (Roll No. 689)

  21. Passed House (Roll No. 688)

  22. Read 3rd time

  23. Dispensed with Constitutional Rule (Roll No. 687)

  24. Ruling sustained (Roll No. 686)

  25. Amendment ruled not germane

  26. Amendment reported by the Clerk

  27. Amendment ruled not germane

  28. Amendment reported by the Clerk

  29. Read 2nd time

  30. On 2nd reading, Special Calendar

  31. Read 1st time

  32. Immediate consideration

  33. Reference dispensed

  34. Introduced in House

Sponsors

  • Miley · Cosponsor
  • Mr. Speaker · Primary

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 150 not signed on · 8 voted No

Sponsors (1)

  • Mr. Speaker

Co-sponsors (1)

  • Miley

Not signed on (150)

150 members have not signed on to this bill.

Show all 150 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

IS RULING SUSTAINED?

Passed 63 Yea · 33 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 432503
Republican 20400
Democrat 0400
Total 633303
% of votes cast 64%33%0%3%
How each member voted (99)
Member Party Vote
Foster — Yea
Lane — Yea
Romine, R. — Yea
Arvon — Yea
Martin — Yea
Maynard — Yea
Blair — Yea
Nelson — Yea
Sypolt — Yea
Walters — Yea
Phillips — Yea
Evans, A. — Yea
Atkinson — Yea
Capito — Yea
Cowles — Yea
Deem — Yea
Frich — Yea
Hamrick — Yea
Harshbarger — Yea
Higginbotham — Yea
Hollen — Yea
Love — Yea
Moye — Yea
O'Neal — Yea
Paynter — Yea
Pethtel — Yea
Rowan — Yea
Storch — Yea
Wagner — Yea
Westfall — Yea
Speaker Armstead — Yea
Romine, C. — Yea
Hartman — Nay
Thompson — Nay
Diserio — Nay
Evans, E. — Nay
Bates — Not Voting
Boggs — Nay
Canestraro — Nay
Caputo — Nay
Fast — Yea
Fleischauer — Nay
Isner — Nay
Kessinger — Yea
Longstreth — Nay
Lynch — Nay
Pyles — Nay
Rowe — Nay
Upson — Not Voting
Wilson — Not Voting
Ambler — Yea
Brewer — Nay
Byrd — Nay
Espinosa — Yea
Ferro — Nay
Folk — Nay
Graves — Yea
Hicks — Nay
Hill — Yea
Householder — Yea
Iaquinta — Nay
Lovejoy — Nay
Marcum — Nay
Miley — Nay
Overington — Yea
Robinson — Nay
Rodighiero — Nay
Shott — Yea
Sobonya — Yea
Sponaugle — Nay
Summers — Yea
John Williams Democrat Nay
Mike Pushkin Democrat Nay
Sean Hornbuckle Democrat Nay
Shawn Fluharty Democrat Nay
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Nay
Guy Ward Republican Yea
Jason Barrett Republican Nay
Jeff Eldridge Republican Nay
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Nay
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

PASSAGE

Passed 95 Yea · 1 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 67103
Republican 24000
Democrat 4000
Total 95103
% of votes cast 96%1%0%3%
How each member voted (99)
Member Party Vote
Lane — Yea
Arvon — Yea
Romine, C. — Yea
Foster — Yea
Romine, R. — Yea
Martin — Yea
Atkinson — Yea
Boggs — Yea
Brewer — Yea
Byrd — Yea
Fleischauer — Yea
Folk — Yea
Frich — Yea
Graves — Yea
Love — Yea
Lovejoy — Yea
Lynch — Yea
Marcum — Yea
Robinson — Yea
Rodighiero — Yea
Rowan — Yea
Rowe — Yea
Shott — Yea
Maynard — Yea
Hartman — Yea
Sypolt — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Evans, A. — Yea
Evans, E. — Yea
Speaker Armstead — Yea
Blair — Nay
Bates — Not Voting
Canestraro — Yea
Caputo — Yea
Hamrick — Yea
Hicks — Yea
Higginbotham — Yea
Hollen — Yea
Iaquinta — Yea
O'Neal — Yea
Overington — Yea
Paynter — Yea
Pethtel — Yea
Sobonya — Yea
Sponaugle — Yea
Storch — Yea
Upson — Not Voting
Wagner — Yea
Wilson — Not Voting
Ambler — Yea
Capito — Yea
Cowles — Yea
Deem — Yea
Espinosa — Yea
Fast — Yea
Ferro — Yea
Harshbarger — Yea
Hill — Yea
Householder — Yea
Isner — Yea
Kessinger — Yea
Longstreth — Yea
Miley — Yea
Moye — Yea
Pyles — Yea
Summers — Yea
Westfall — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

EFFECT FROM PASSAGE

Passed 95 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 24000
Unaffiliated 67004
Democrat 4000
Total 95004
% of votes cast 96%0%0%4%
How each member voted (99)
Member Party Vote
Arvon — Yea
Lane — Yea
Atkinson — Yea
Fleischauer — Yea
Robinson — Yea
Rodighiero — Yea
Romine, C. — Yea
Romine, R. — Yea
Blair — Yea
Foster — Yea
Martin — Yea
Maynard — Yea
Hartman — Yea
Sypolt — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Evans, A. — Yea
Brewer — Yea
Canestraro — Yea
Capito — Yea
Cowles — Yea
Deem — Yea
Espinosa — Yea
Frich — Yea
Hamrick — Yea
Harshbarger — Yea
Hicks — Yea
Hill — Yea
Hollen — Yea
Householder — Yea
Isner — Yea
Longstreth — Yea
Lovejoy — Yea
Marcum — Yea
O'Neal — Yea
Overington — Yea
Paynter — Yea
Pethtel — Yea
Rowan — Yea
Shott — Yea
Sponaugle — Yea
Storch — Yea
Wagner — Yea
Westfall — Yea
Speaker Armstead — Yea
Evans, E. — Yea
Lynch — Not Voting
Pyles — Yea
Wilson — Not Voting
Ambler — Yea
Bates — Not Voting
Boggs — Yea
Byrd — Yea
Caputo — Yea
Fast — Yea
Ferro — Yea
Folk — Yea
Graves — Yea
Higginbotham — Yea
Iaquinta — Yea
Kessinger — Yea
Love — Yea
Miley — Yea
Moye — Yea
Rowe — Yea
Sobonya — Yea
Summers — Yea
Upson — Not Voting
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

SUSPEND CONSTITUTIONAL RULE

Passed 96 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 24000
Unaffiliated 68003
Democrat 4000
Total 96003
% of votes cast 97%0%0%3%
How each member voted (99)
Member Party Vote
Arvon — Yea
Lane — Yea
Romine, C. — Yea
Blair — Yea
Foster — Yea
Romine, R. — Yea
Martin — Yea
Maynard — Yea
Atkinson — Yea
Boggs — Yea
Brewer — Yea
Byrd — Yea
Fast — Yea
Ferro — Yea
Folk — Yea
Graves — Yea
Longstreth — Yea
Love — Yea
Marcum — Yea
Robinson — Yea
Rodighiero — Yea
Rowan — Yea
Rowe — Yea
Hartman — Yea
Sypolt — Yea
Thompson — Yea
Nelson — Yea
Walters — Yea
Diserio — Yea
Phillips — Yea
Evans, A. — Yea
Evans, E. — Yea
Speaker Armstead — Yea
Bates — Not Voting
Capito — Yea
Caputo — Yea
Cowles — Yea
Deem — Yea
Espinosa — Yea
Harshbarger — Yea
Higginbotham — Yea
Hill — Yea
Householder — Yea
Iaquinta — Yea
Isner — Yea
O'Neal — Yea
Overington — Yea
Paynter — Yea
Pethtel — Yea
Sobonya — Yea
Sponaugle — Yea
Storch — Yea
Upson — Not Voting
Wagner — Yea
Wilson — Not Voting
Ambler — Yea
Canestraro — Yea
Fleischauer — Yea
Frich — Yea
Hamrick — Yea
Hicks — Yea
Hollen — Yea
Kessinger — Yea
Lovejoy — Yea
Lynch — Yea
Miley — Yea
Moye — Yea
Pyles — Yea
Shott — Yea
Summers — Yea
Westfall — Yea
John Williams Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Ben Queen Republican Yea
Betsy Kelly Republican Yea
Bill Hamilton Republican Yea
D. Rolland Jennings Republican Yea
Erica Moore Republican Yea
Gary G. Howell Republican Yea
George Miller Republican Yea
George Miller Republican Yea
Guy Ward Republican Yea
Jason Barrett Republican Yea
Jeff Eldridge Republican Yea
Jim Butler Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
Lisa White Republican Yea
Mark Dean Republican Yea
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Pat McGeehan Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Vernon Criss Republican Yea
William Anderson Republican Yea

Official roll call →

Passage

Passed 33 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Republican 2001
Unaffiliated 31000
Total 33001
% of votes cast 97%0%0%3%
How each member voted (34)
Member Party Vote
JEFFRIES — Yea
RUCKER — Yea
BALDWIN — Yea
KARNES — Yea
SMITH — Yea
BEACH — Yea
MANN — Yea
STOLLINGS — Yea
BLAIR — Yea
MARONEY — Yea
SWOPE — Yea
BOLEY — Yea
MAYNARD — Yea
SYPOLT — Yea
BOSO — Yea
MULLINS — Yea
TAKUBO — Yea
OJEDA — Yea
TRUMP — Yea
CLINE — Yea
PALUMBO — Yea
UNGER — Yea
PLYMALE — Yea
WELD — Yea
FACEMIRE — Yea
PREZIOSO — Yea
WOELFEL — Yea
FERNS — Yea
ROMANO — Yea
MR PRESIDENT — Yea
GAUNCH — Yea
Charles H. Clements Republican Not Voting
Mike Azinger Republican Yea
Sarah Drennan Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 201?
HB 201 is sponsored by Miley and Mr. Speaker.
What is the current status of HB 201?
This bill has been enacted into law. Introduced October 16, 2017. Enacted.
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