Blog – Page 101

House Passes Municipality Weapons Bill

House Floor Session

Juliet Thomas

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March 2, 2020

During Monday’s floor session, the House passed Senate Bill 96, which prohibits municipalities from restricting the right to carry weapons.

Senate Bill 96 states that municipalities must follow state law in accordance with deadly weapon or pepper spray laws. This means that municipalities may not restrict a person’s right to carry, possess, purchase, own or sell deadly weapons that are lawfully possessed. This also encompasses the right to carry weapons at a fair or festival. Municipalities may only restrict the carrying of weapons in municipality-owned facility.

The House also passed Senate Bill 201, which modifies and clarifies the offense of stalking and harassment. The bill defines these terms and offenses and sets criminal penalties for each. A person who is found guilty of harassment or credible threats is guilty of a misdemeanor and can be fined up to $1,000 or imprisoned for up to six months. A subsequent conviction for the same offense is a felony offense and is punishable for a prison sentence of three-five years, or a fine of $3,000-$10,000.

The House passed four other Senate Bills.

Eight bills were advanced to third reading. Nine bills were advanced to second reading.
Action for one bill, Senate 651, was postponed one day.

The House is in recess until 6 p.m.

Following the recess, the House received committee reports and messages from the Senate. The House is adjourned until 9 a.m. Tuesday.

Senate Passes 17 Bills

Senate Floor Session

Madison Perdue

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March 2, 2020

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The Senate met at 11:00 a.m. today and passed 2 Senate bills and 15 House bills.

Senate bills 852 and 853 are supplemental appropriations that transfer funds from the state Treasury to the Department of Education School Building Fund and School Building authority.

House bill 3127 allows homeschooled students to participate in extracurricular activities and athletic programs in public schools. The bill provides that the homeschooled student is to comply
with the requirements of the Secondary Schools Activities Commission, demonstrate sufficient academic performance for two years and does not receive compensation for their participation.

House bill 4412 provides that federal programs that pay for fees and tuitions for Army National Guard and Air National Guard members shall be the first payor of the tuitions, instead of the last. The bill states that the Adjunct General may pay directly to the member an amount equal to the tuition and fees that would have otherwise been payed to the school, for members participating in the Promise Scholarship Program.

House bill 4365 allows institutions of higher learning to grant college credit hours to students who have learned English as a second language. The bill states that if a student reaches an acceptable score on an English test, this can satisfy the student’s foreign language requirement.

House bill 4969 provides a new tax credit against personal or corporate net income for the donation or sale of a qualifying vehicle to a charity organization for low-income workers.

House bills 4090, 4146, 4438, 4450, 4461, 4466, 4522, 4760, 4882 and 4929 were also passed in the Senate on Monday.

The Senate adopted Resolution 60, memorializing the West Virginia native Katherine Johnson, NASA mathematician and recipient of the Presidential Medal of Freedom.

UPDATE: The Senate met briefly at 6:30 p.m. to receive additional committee reports.

The Senate is adjourned until tomorrow at 11 a.m.

Transportation and Infrastructure will meet tomorrow at 9:30 a.m. in 451M

House Passes Military Insurance Bill

House Floor Session

Juliet Thomas

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February 29, 2020

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The House convened at 12 p.m. Saturday to consider several bills, including Senate Bill 849, which relates to insurance coverage for military personnel.

Senate Bill 849 considers how military service acts as a factor in certain insurance coverage rates. This bill protects military service members from being subjected to denied, cancelled, or increased premium insurance coverage based on the fact that this person was on active duty. For purposes of determining a premium, an insurer must consider that a uniform service member whose coverage lapsed or was discontinued during active duty service is to be considered as having maintained continuous coverage. This prevents an increased premium.

The House also passed Senate Bill 225. This bill encourages municipalities to participate in an “Adopt A Street” program. This is similar to the state-wide “Adopt A Highway” program. In West Virginia there are currently 25,000 volunteers who regularly pick up litter on 4,000 miles of highway. They have been responsible for removing more than 40 million pounds of litter since the program began. This bill seeks to expand the success for the “Adopt a Highway” program into municipalities.

The House passed nine other Senate Bills.

Seven bills were advanced to third reading. Thirty-six bills were advanced to second reading.

Action for Senate Bill 583 was postponed for one day.

One resolution was introduced.

The House is adjourned until 11 a.m. Monday.

Senate Passes Budget Bill

Senate Floor Session

Madison Perdue

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February 29, 2020

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The Senate convened at 9:00 a.m. on Saturday to discuss Senate bill 150, which describes the Senate’s budget for the 2020 fiscal year.

As of today, the total general revenue budget of the West Virginia Senate is $4.571 billion.

Currently, $6.3 million of this budget has been dedicated to the Intermediate Court of Appeals established by Senate bill 275. This bill is currently awaiting consideration from the House of Delegates.

The Senate does not currently include the additional $17 million proposed by the House dedicated to improving foster care. These funds would raise peridium for families providing foster care.
The Senate adopted three amendments to the budget bill on Saturday.

Senator Craig Blair, R-Berkeley, proposed the amendment to fully fund the Disability waivers from the Department of Health and Human Resources. This provides homecare instead of institutionalized care for people with intellectual and developmental disabilities to maximize their independence. This now occupies a total of $108.5 million of the Senate’s budget.

Senator Stephen Baldwin, D-Greenbrier, proposed an amendment to better fund rape crisis centers. He proposed an additional $125,000 be dedicated to these centers.

Senator Ron Stollings, D-Boone, proposed that $2 million be dedicated to the Public Health Emergency Response Fund in response to the global outbreak of the Corona Virus. He said that there was an increasing need to better educate the public and prepare hospitals to minimize exposure and spread of the disease.

Senator Tom Takubo, R-Kanawha, stated his support for the bill, saying that this could save at-risk West Virginians, and if the outbreak passes, the money would not have to be spent.

The budget bill passed as amended and was ordered to the House.

The Senate passed four House bills on Saturday as well.

HB 2149 permits the Farm-to-Food Bank Tax Credit to equal 100% of the value of the donated products if the value is $2,500 or less.

HB 4437 adds eligible unbanked payees of state funds to the WV Pay Card Program. This would increase efficiencies and decrease the expenses of paper check issuances.

HB 4513 increases the costs for game and protected species replacement. The bill also increases replacement costs for antlered deer and creates provisions for hunting and fishing license revocations.

HB 4582 declares certain claims against state agencies be considered moral obligations of the state. The bill directs the Auditor to issue warrants for the payments of these claims.

The Senate is adjourned until 11:00 a.m. on Monday.

The Senate Committee on Government Organization will meet at 1:00 p.m. in room 208W.

The Senate Education Committee will meet at 1:00 p.m. in room 451M.

The Senate Judiciary Committee will meet at 3:00 p.m. in room 208W.

The Senate Finance Committee will meet at 3:00 p.m. in room 451M.

Senate Passes Four Bills During Morning Floor Session

Senate Floor Session

Madison Perdue

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February 28, 2020

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Senate Passes Four Bills During Morning Floor Session

The Senate met at 11 a.m. Friday and passed four bills.

Senate bills 843, 844 and 845 are supplemental appropriations from the state Treasury to various accounts of the Department of Health and Human Resources.

House Bill 4959 was also passed, clarifying the abilities and powers of the Economic Development Authority Board of Directors. The bill allows the West Virginia Economic Development Authority to execute all contracts and other instruments necessary to carry out tasks not involved with the Purchasing Division.

The Senate concurred with House amendments for two bills, completing legislation for both. These are:

– SB 586 reorganizes and designates the Department of Military Affairs and Public Safety as the Department of Homeland Security and changes the name of the current Department of Homeland Security to the State Administrative Agency for Homeland Security and Emergency Management Grants.

– HB 2086 adopts the Uniform Real Property Electronic Recording Act. The bill states that any requirement of state law describing a land record document be on paper in writing be satisfied by an electronic document.

The Senate also adopted three resolutions. Senate Resolution 59 designated Friday as Domestic and Sexual Violence Awareness Day. Senate Resolution 58 congratulated Herbert Hoover High School softball team for winning the 2019 Class AA championship. Senate Resolution 57 was adopted as well, designating February 28, 2020 as Honeybee and Beekeeper’s Day at the Capitol.

The Senate recessed until 5 p.m., returning to receive committee reports and read 19 bills a first time, during a brief evening floor session.

House Passes Grease Trap Safety Bill

House Floor Session

Juliet Thomas

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February 28, 2020

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The House passed Senate Bill 240 during the floor session Friday, which provides safety measures for grease traps.

Senate Bill 240 was passed, requiring hotels and restaurants to secure manhole covers of grease traps. Grease traps must be either secured, covered, or locked. These grease traps should be able to withstand an expected load and are to be kept out of the reach of children.

There have been several incidents of children falling into unsecured grease traps. One incident happened in Kanawha County, West Virginia in 2019. Five-year old Kambria Cvechko fell into a grease trap on the property a Charleston restaurant. Although she recovered fully, lawmakers wanted to make sure this incident wouldn’t happen again in West Virginia.

The House passed 15 other Senate Bills.

The House concurred with the Senate resolutions for House Bills 2338 and 4477, therefore completing action on this legislation.

Seven bills were advanced to third reading. Six bills were advanced to second reading. Action for two bills, Senate Bills 610 and 645, was postponed one day.

Two resolutions were introduced.

The House is in recess until 6 p.m. Friday.

The House reconvened at 6 p.m. to receive committee reports and messages from the Senate.

The House is adjourned until 12 p.m. Saturday.

House Legislation Feb. 22-28

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February 28, 2020

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As of Friday, Feb. 28, 2020, there have been 1,530 bills introduced in the House and 243 bills have been passed and now are before the Senate.

House Bill 4019 creates the Downstream Natural Gas Manufacturing Investment Tax Credit Act of 2020. The amount of credit allowable depends upon the cost of the qualified investment property and the number of new jobs created. The bill includes rules for administration and enforcement of the credit. If enacted, the credit would apply to qualified investment property placed in service or use at a downstream natural gas manufacturing facility in this state.

House Bill 4421 creates the Natural Gas Liquids Economic Development Act of 2020. This bill encourages development, transportation and use of natural gas liquids in the state by providing certain tax credits related to the production, transportation, storage, use and consumption of natural gas liquids.

House Bill 4558 provide for a $5,000 tax credit for service by volunteer firefighters to West Virginia personal income tax liabilities. In order to receive the credit, the firefighter must be an active member in good standing.

House Bill 4780 permits school boards to offer social studies elective courses to high school students on the Bible. The bill states that schools will be permitted to teach about the influence of the Hebrew Scriptures or New and Old Testament on law, history, government, literature, art, music, customs, morals, values and culture.

House Bill 4882 permits certain non-licensed wineries not located in the state of West Virginia to come to the state and attend a fair and festivals and special one-day charitable wine events, and further temporarily provide wine samples and temporarily sell wine for off-premises consumption in the state with the hopes such wineries may eventually apply for a permanent license in the future.

House Bill 4159 reduces the tax rate on alcoholic apple cider by reclassifying it in code. Once hard cider is reclassified it will be taxed at a rate in between wine and beer. This bill intends to facilitate the growth of the cider industry in West Virginia.

House Bill 4176 gives legislative oversight to the the West Virginia Intelligence/Fusion Center. The Fusion Center will be placed under the Department of Military Affairs and Public Safety instead of the Governor’s Office where it originated.

House Bill 4362 establishes penalties for emotional abuse of an incapacitated adult; to establish penalties for abuse, neglect or emotional abuse of a nonverbal special need’s child; and to establish penalties for causing death of a nonverbal special need’s child.

House Bill 4494 creates a Tobacco Use Prevention and Cessation Task Force and provides money to the Office of Tobacco Prevention to combat tobacco use in West Virginia by using funds from the Tobacco Master Settlement Fund.

House Bill 4497 requires an automated defibrillator device and a trained device operator be present at all secondary school athletic events.

House Bill 4574 creates the Just Transition Office to diversify the economy and rebuild communities in areas of the state that have been heavily impacted by the receding coal industry.

House Bill 4602 increases the criminal penalty for DUI causing death when a child was present in the car when the accident occurred. When the death of any person ensues within one year as a result of injury received by the driving of a vehicle with reckless disregard of the safety of others, and a child is present in the vehicle at the time of the accident, the person operating the vehicle will be guilty of a felony, and will be punished by imprisonment from three-fifteen years and by a fine of $2,000 to $5,000.

House Bill 4648 creates the Parenting Fairness Act of 2020. This establishes that a 50-50 custody split between two parents in the case of divorce is in the best interest of their child(ren) and is to be set as the standard for courts in the state. This is to be used in cases when parents cannot come up with their own parenting plan that they both agree on. Additionally, this custody split will only be implemented in cases where abuse, neglect or drug use are not present with one of the parents.

House Bill 4892 reduces personal income tax rates by using money that is directed from certain revenue sources into a new Personal Income Tax Reduction Fund.

House Bill 4958 eliminates the ability for a driver’s license to be revoked under the circumstances of unpaid court fines and costs. The purpose of this bill is to allow those with long outstanding fines to legally drive and pay their fines on a payment plan. This legislation aims to keep people working while they have outstanding fines.

House Bill 4969 This bill requires the state Board of Education to implement trauma-informed practices in schools. Trauma-informed practices are meant to help children in schools that have learning difficulties due to trauma that was experienced in their home lives.

House Bill 4009 permits a doctor to order the involuntary hospitalization of a mentally ill or addicted patient that is in clear danger to themselves or other people. In the case of a psychiatric emergency, a doctor may hold a patient for up to 72 hours.

House Bill 4524 permits the sale of alcohol for offsite consumption across the entire state. West Virginia currently has 13 dry areas, which are areas of the state that cannot sell alcohol. Under this new legislation, any political subdivision will be allowed to opt to stay dry. This will allow areas of the state to opt out of selling rather than having to opt in, because the majority of the state does allow for the sale of alcohol.

House Bill 4377 creates The Protection of Eligible Adults from Financial Exploitation Act. The bill details the obligations and duties of broker-dealers or investment advisers to notify certain agencies of potential financial exploitation of eligible adults.

House Bill 4409 transfers remaining funds from the Volunteer Fire Department Workers’ Compensation Premium Subsidy Fund at its existing sunset date of June 30, 2020 to the Fire Service Equipment and Training Fund and the State Auditor’s Chief Inspector’s Fund.

House Bill 4464 prohibits the holder of a level three, full class E license from using a wireless communication device while operating a motor vehicle. It also defines driving privileges for children under the age of 18.

House Bill 4560 removes the requirement that wine be purchased with a face-to-face transaction and allows wine specialty shops to sell wine with a gift basket over the phone or online.

House Bill 4717 establishes bookkeeping procedures and internal controls of forfeited properties under the West Virginia Contraband Forfeiture Act.

House Bill 4925 requires the West Virginia Secondary Schools Athletic Commission to recognize nonpublic schools that meet the requirements of the West Virginia Secondary Schools Athletic Commission for nonparticipating school or team members.

House Bill 4970 prohibits insurers from charging military service members higher insurance premiums, commonly referred to as the “patriot penalty”, as a result of a lapse in coverage due their active duty or reserve component military service.

Senate Legislation Feb. 22 -28

Madison Perdue

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February 28, 2020

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As of Friday, February 28, 2020, 853 bills have been introduced to the Senate. Of those bills, 258 have passed and advanced to the House.

SB 38 allows county boards of education to offer high school students an elective social studies course on sacred texts or comparable world religions. The bill allows a student to use a translation of their choice.

SB 106 makes daylight savings time the official time year-round in the state. If the bill becomes law, it will only be made effective after federal congressional action to allow it.

SB 284 creates the West Virginia Health Care Continuity Act, which ensures that healthcare coverage plans meet certain standards while remaining affordable and are not denied to persons with preexisting conditions.

SB 472 creates an alternative sentencing program for work release for individuals convicted of a misdemeanor or felony. The bill allows such persons to work with the Division of Highways or the Division of Natural Resources on tasks such as cleaning up state parks or highways.

SB 511 regulates pawnbrokers to better prevent the selling of stolen property and assist in the recovery of stolen property by the police. The bill states that pawnbrokers cannot purchase from a minor or a person who appears to be under the influence of alcohol or a controlled substance.

SB 528 creates the Uniform Worker Classification Act. The purpose of the bill is to create a test to distinguish independent contractors from employees.

SB 578 recalculates the tax on producing, selling and generating solar electricity. The bill aligns the price with other energy taxes.

SB 579 authorizes enhanced emergency telephone systems to make changes for the collection, allocation, elimination or establishment of fees.

SB 648 provides dental coverage for adult Medicaid recipients. The bill describes the amount of coverage available and states the state departments responsible for this.

SB 653 increases the number of magistrates in Putnam, Monongalia, Berkeley and Jefferson Counties. The bill states that effective January 1, 2021, Berkeley County will have 6 magistrates, Jefferson County will have 4, Monongalia County will have 5 and Putnam County will have 4.

SB 661 changes the minimum minutes of intersectional time required per day in schools to an average of 5 hours per day throughout the instructional term. The bill prohibits the instructional term from commencing before September 1 and allows county boards of education to publish notice of public hearings for discussing school calendars on the board’s website.

SB 668 enacts the Uniform Trust Decanting Act, which allows a trustee to distribute assets of one trust into another trust.

SB 689 creates the Requiring Accountable Pharmaceutical Transparency, Oversight, and Reporting Act. This bill requires drug manufacturers and health benefit plan issuers in the state to provide cost information, changes in cost information and prescription drug statistics to the State Auditor.

SB 705 allows military veterans with certain training to qualify for licensure examinations for electricians and plumbers.

SB 723 requires the Department of Education to annually analyze data on school discipline and create a statewide plan addressing disciplinary actions taken by county boards.

SB 752 updates and improves the WV Medical Cannabis Act by increasing the locations of dispensaries and the acceptable forms of medical cannabis. The bill also clarifies that the Tax Division and the Bureau of Public Health are to monitor the price of medical cannabis.

SB 787 provides benefits to pharmacists for care given within the pharmacist’s scope of practice in a way that is equal to the benefits given to a health care provider giving the same care.

SB 838 directs the State Police to develop a referral program for substance abuse treatment, exempting persons seeking treatment from prosecution.

SB 850 clarifies that racial discrimination includes discrimination based on certain hair styles and textures. This includes but is not limited to hairstyles such as twists, braids or locks.

House Passes West Virginia Impact Fund

Andrea Lannom

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February 28, 2020

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House Bill 4001 Aims to Spur Economic, Infrastructure Development

Last week, the House passed a bill that supporters hope will help spur economic diversification in the Mountain State.

The bipartisan bill, led by House Speaker Roger Hanshaw, R-Clay, aims to attract large projects to develop infrastructure and further economic development.

“This is a vehicle that is intended to make it easier to invest money in West Virginia,” Hanshaw explained. “The lowest hanging fruit would be the development of infrastructure in the petrochemical base, targeted as a state to recruit and grow that here in West Virginia. However, it could be anything.”

House Bill 4001 has three parts. It would establish a special revenue account called the West Virginia Impact Fund, create the Mountaineer Impact Office, and establish an Investment Committee.

Under the bill, a 7-member committee would be established, comprised of the governor or his designee, the commerce secretary or his designee, and five people appointed by the governor and approved by the Senate who have backgrounds in finance or economics. The committee would hire a managing director for a newly-created Mountaineer Impact Office.

The Mountaineer Impact Office would look globally for potential investment. The office would present potential projects to the Investment Committee, which would approve or reject the proposals.

The committee would look into several factors in deciding whether to approve the projects, including the ability to leverage other sources of funding, whether investment funding for the project is available, whether the project would create or retain jobs, whether the project would promote economic or infrastructure development, and whether the project is in the public’s best interest.

The Mountaineer Impact Office would deposit income from investments into the special revenue fund, called the West Virginia Impact Fund, and report annually on these investments. Money in this fund would be non-taxpayer dollars and instead would come from investments.

“Other states are able to offer huge tax incentives but West Virginia doesn’t have the capital to do that,” Hanshaw said. “We are a state of 1.8 million people. This is a way to bring capital to West Virginia.”

Delegate Mick Bates, D-Raleigh, addresses the House.

The minimum aggregate investment in a project by the investment committee or the committee and investors, would have to be $25 million or more. Delegate Mick Bates, D-Raleigh, is a co-sponsor of the bill. Bates said the bill is a way for West Virginia to attract large businesses.

“This fund is for big projects, not shopping malls,” Bates said. “These would be for investments in natural gas, the petrochemical industry but also areas outside of that. I think there are large opportunities for tourism. However, we are not going to be picking projects. The private sector is picking the projects. We would be certifying them.”

The bill provides safeguards including that the committee is precluded from engaging in business with entities deemed to be an enemy of the state, those involved in human trafficking, narcotics trafficking, or sponsors of terrorism. The bill also prohibits individuals in government from profiting from investments in the fund.

In last Friday’s floor session, many delegates expressed concerns about compliance with federal law under the Committee on Foreign Investment in the United States, or CFIUS. Hanshaw emphasized House Bill 4001 does not change federal law. Investors would still have to comply with federal regulations.

“CFIUS still has jurisdiction over this,” Hanshaw said. “This is a vehicle to comply with those requirements. This sets up a mechanism for investors beyond our borders to comply with CFIUS rules, not to exempt it.”

Hanshaw said the purpose of the bill is to reduce the risk of these investments.

“This is a mechanism for entities that wish to invest in the U.S. to comply with the rules under CFIUS,” Hanshaw said. “The committee’s purpose is to review transactions in the U.S. engaged by any entity beyond the borders of the U.S. Any foreign company, fund, or investment, could be unwound up to two years later. The new fund would not be excluded from CFIUS.”

Bates explained that the fund provides a level of safety for the investments.

“CFIUS was meant to be as a shield but has been used as a club,” Bates added. “The structure with the fund with private money being parked in a state-sponsored fund provides a level of safety that doesn’t exist anywhere else at this point. There is nothing the state could do to prevent the federal government from coming in but it is an after market warranty, or a hedge against a large deal.”

The bill is currently pending before Senate Finance.

“This bill has been significantly re-worked and improved over the course of several weeks,” Bates said. “There was a lot of input from a lot of different people. I don’t see the downside in this. We will see what the Senate does with it but I am hopeful they will take this up.”

House Judiciary Advances Drug Treatment Plan

House Committee

Juliet Thomas

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February 27, 2020

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House Judiciary Advances Drug Treatment Plan

The House Judiciary Committee examined Senate Bill 838, which creates a treatment program for those struggling with drug addiction and added a few amendments in committee.

Senate bill 838 creates a referral program, directed by the State Police, for substance abuse treatment. This bill exempts people voluntarily seeking treatment from arrest and prosecution, with a few exceptions.

This bill is modeled directly after successful legislation in Kentucky, which created a drug treatment program called the Angel Initiative in March 2019. The Angel Initiative has been able to help around 200 people since its creation.

People who wish to seek treatment for substance abuse can turn in their drugs and drug paraphernalia to law enforcement and will be referred to the treatment program instead of being arrested for possession. People that wish to participate in this program are advised to call their police department ahead of time with their name and information in the case where they might be pulled over on the way to the police station.

This bill does not protect those who have already been charged with drug use or possession and are awaiting trial. Entrance into the treatment program must be voluntary. Those with an outstanding arrest warrant, those who purposely injure law enforcement officers in the process, and those under the age of 18 are also ineligible for the protections set forth in this program.

This bill has been made in attempt to battle the ongoing opioid crisis in West Virginia. West Virginia has the highest rates of death due to drug overdose in the country. It’s estimated that 42,000 people in West Virginia have sought treatment for illegal drug use but failed to receive it. This program hopes to bring these numbers down and ensure that citizens are getting the proper treatment needed to become sober.

Captain Shallon Oglesby, West Virginia State Trooper, gave testimony in committee about this bill.

“This program is necessary and beneficial for our out of control opioid problem,” she said. “State Troopers would be happy to take on this responsibility.”

Senate Bill 851 is a companion bill to Senate Bill 838. Senate Bill 851 sets forth the procedures and policies that will be implemented as a part of the drug treatment program that is created in Senate Bill 838.

Senate Bill 838 and 851 will be reported to the full House with the recommendation of passage.