Blog – Page 116

Senate Government Organization Approves 5 Bills

Senate Committee

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January 16, 2020

Senate Government Organization Approves 5 Bills

The Senate Committee on Government Organization convened today at 2:00 PM to discuss five bills.

The first bill presented was SB 96, which would prohibit municipalities from placing limitations on the right to purchase, transfer, possess, sell or carry deadly weapons or pepper spray in any way that conflicts with state laws. The bill would also restrict the award of reasonable attorney costs to petitioners seeking redress under this law, to only those who succeed. After Council explained the bill and received questions regarding the technicalities of the bill and concerns were expressed regarding the bill’s role in public safety, a citizen from Kanawha County spoke in favor of the bill.

There was much debate over this bill during the committee meeting, some questioning the constitutional consistency of the bill while others debated that it was well within the rights of the state to issue the bill. Though the committee was divided in its support for the bill, the motion was adopted to report the bill to the full Senate for passage.

Another bill to be discussed was SB 307, which corrects technical errors to the WV State Code. The bill will be reported to the full Senate for passage.

The committee also addressed SB 322, which would allow services to be bought on state contracts through prequalification agreements with vendors. The bill will be reported to the full Senate with recommendation for passage.

W.Va. Supreme Court Presents Budget to House Finance

House Committee

Andrea Lannom

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January 16, 2020

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W.Va. Supreme Court Presents Budget to House Finance

The West Virginia Supreme Court presented its budget request, amounting to $4 million less than five years ago.

Chief Justice Tim Armstead presented the $135.5 million 2021 fiscal year budget request for the court system to the House Finance Committee in Thursday morning’s committee meeting.

“The proposal for this upcoming fiscal year is less than what was proposed in fiscal years 2016, 2017, 2018, and 2019,” Armstead said, later adding. “The new court has worked hard, going through line by line to see where we could make reductions and be more efficient.”

In 2018, the Legislature passed Senate Joint Resolution 3 and voters approved the amendment later that year. The amendment gave the Legislature oversight over the court’s budget. Under the amendment, the Legislature cannot reduce the court’s budget by 15% based off of the court’s base budget from the previous year, without a super majority vote.

Armstead explained that the state Supreme Court’s budget represents the entire judiciary throughout the state, not just the Supreme Court. Circuit Courts and Magistrate Courts make up about half of the court’s budget, with probation making up 20%, court administration 16%, family courts 11%, and the court’s Charleston components 5%.

Two of the biggest line items are personal services and current expenses. Armstead said $10 million was given to the General Revenue Fund through a one-time reduction in current expenses, from $19.9 million to $9.9 million.

About 82.2% of the budget is personnel, which includes judges and all support staff within the court system throughout the state.

Armstead updated legislators on reforms including placing the court’s vehicles under the fleet management system. He said cars are no longer specifically assigned to justices.

Armstead also updated legislators on e-filing progress. Armstead said e-filing is currently in 20 counties and at the end of this year, the court hopes to see e-filing in 33 counties. Armstead said the goal is to have e-filing in all counties by 2022.

Senate Advances 6 Bills on Second Reading

Senate Floor Session

Madison Perdue

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January 16, 2020

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Senate Advances 6 Bills on Second Reading

The Senate convened at 11:00 AM today to introduce Senate bills 506-522 and refer them to the appropriate committees.

Six bills were read for the second time, and were approved with no amendments to be up for a vote tomorrow.

Among these bills is SB 207, which creates the Prosecuting Attorney’s Detectives Act. This grants certain powers to prosecuting attorneys in the appointment of detectives to assist in the detection, apprehension, and arrest of criminal offenders.

This set of bills also includes SB 140, which would grant judges of the Supreme Court and circuit courts an allowance as compensation for having to travel certain distances in their own vehicle.

Three bills were read for the first time today and will be advanced to the amendment stage tomorrow.

The Senate also adopted Resolution 8, which designated January 16th as West Virginia Aviation day. The Senate held a brief recess for the presentation of this resolution.

The Senate is in recess until 11:00 AM tomorrow.

The Senate Committee on Energy will meet at 1:00 PM in room 208W.
The Senate Education Committee will meet at 2:00 PM in room 451M.
The Senate Committee on Government Organization will meet at 2:00 PM in room 208W.
The Senate Judiciary Committee will meet at 3:00 PM in room 208W.
The Senate Finance Committee will meet at 3:00 PM in room 451M.

House Passes 5 Bills, Advances 6

House Floor Session

Juliet Thomas

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January 15, 2020

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The House convened Wednesday at 11 a.m. to vote on five bills which were all on third reading. This includes the West Virginia Sentencing Committee bill (H.B. 4004) and the Born Alive Abortion Survivors Act (H.B. 4007). House bills 3039, 4022 and 4103 were also among the bills passed.

All five bills will go to the Senate. Additionally, six bills were advanced to second reading.

This includes House Bill 2922, which would change the requirements for discharge for the possession of a controlled substance, specifically opiates or opioids. This bill would require a defendant, pleading or found guilty for the possession of such substances, to participate in a court-ordered drug court or drug treatment program under the court’s authorization.

Also advanced was House Bill 2679, which would permit the issuance of a state issued identification card without a photo. This would be based on the certification that taking photographs violates a religious belief.

The other four bills advanced to second reading include House Bills 2602, 2924,
4010, and 4042.

The House is in recess until 11 a.m. tomorrow.

Senate Passes First Bill of 2020 Legislative Session

Senate Floor Session

Madison Perdue

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January 15, 2020

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Senate Passes First Bill of 2020 Legislative Session

The Senate met at 11:00 AM today for the third reading of Senate Bill 94, which makes the electronic absentee ballot available for voters with disabilities. The bill was passed and will advance to the House.

Six other bills were read for the first time today and will advance to the amendment stage tomorrow.

Among these bills are SB 46, which would define the term “pepper spray” to be excluded from the category of “deadly weapons”. The bill would allow persons 16 years or older to carry pepper spray for self-defense, and would allow pepper spray to be carried in the Capitol providing that the canister is 1 oz or smaller.

Another bill on first reading is SB 35, which would limit the civil penalty for littering to a fine of $2,000 or lower. The purpose of the fine is to cover expenses for cleanup and investigation of the site.

Also during the floor session, Senate bills 468-505 were introduced and referred to the appropriate committees.

The Senate also approved Resolution 7, which designates January 15th as West Virginia Tourism Day. The Senate held a brief recess to recognize the efforts of the WV Department of Tourism and present the resolution to the Senate.

The Senate is in recess until 11:00 AM tomorrow.

The Senate Committee on Economic Development will meet at 1:00 PM in room 208W.

The Senate Committee on Pensions will meet at 2:00 PM in room 451M.

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

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

Veteran’s Affairs Committee Approves Two Bills

House Committee

Juliet Thomas

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January 14, 2020

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Veteran’s Affairs Committee Approves Two Bills

The House Veteran’s Affairs Committee adopted two bills Tuesday that will provide benefits for West Virginia veterans.

The purpose of House Bill 2330 is to allow honorably discharged and military reserves veterans with certain military ratings to take the examination for licensing as a plumber, electrician or sprinkler fitter. This would cut out the hour requirement for these professions, which can reach up to 12,00 hours for the master level. The committee advanced the bill, which next heads to the Committee on Government Organization.

House Bill 2627 would remove all fees for the initial issuance or renewal of a Silver Star registration plate. The committee also advanced this bill, which was also referenced to the Finance Committee.

Brandon Steele, R- Raleigh, hopes that the committee will do more research to see the possibility of including those with the Bronze Star rank within this bill. Currently, the number of veterans who hold this rank within the state is unknown to the committee. Steele said although there will be financial implications from this bill, he felt that the bills are ways to express gratitude to veterans.

Sentencing Committee Bill Amended, Moved to Third Reading

House Floor Session

Juliet Thomas

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January 14, 2020

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Sentencing Committee Bill Amended, Moved to Third Reading

House Bill 4004, relating to the West Virginia Sentencing Committee (WVSC), was amended during Tuesday’s floor session and advanced to third reading.

One of the most notable parts of the bill gives the WVSC the ability to research second-look sentencing, which is the process of reexamining excessive prison sentences and allowing a judge to resentence offenders based on variables such as rehabilitation and the length of sentence already served.

An amendment offered by Delegate Larry Rowe, D- Kanawha, included preventing disparate treatment of offenders based on racial, ethnic, cultural, economic or other factors.
This bill aims to make big changes within the state for criminal justice reform. This includes eliminating and fixing pre-existing racial and economic biases that exist within the system.

Delegate John Shott, R- Mercer, Chairman for the Judiciary Committee, voiced his support for Rowe’s amendment during the floor session. Shott also added his own technical amendment to the bill. Both amendments were adopted in a voice vote.
House bills 3039, 4007, 4022 and 4103 were also moved to third reading Tuesday.

The House is in recess until 11 a.m. tomorrow.

Senate Introduces 145 Bills, Approves Resolutions

Senate Floor Session

Madison Perdue

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January 14, 2020

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Senate Introduces 145 Bills, Approves Resolutions

The Senate met at 11:00 AM today, during which Senate bills 323-467 were introduced and referred to the appropriate committees.

During session, the Senate approved Resolution 1, which would designate dogs rescued from animal shelters as West Virginia’s state dog. The purpose of this resolution is to support adoption from animal shelters in the state.

The Senate also declared a brief recess to present Resolution 6, which recognized the Oil Marketers and Grocers Association (OMEGA) for its support for the Children’s Home Society, a nonprofit organization licensed to provide child welfare and behavioral health services in West Virginia. OMEGA hosts an annual charity golf outing and has raised thousands of dollars for this nonprofit organization.

The Senate also held the second reading of SB 94, concerning the absentee ballot for disabled voters. After technical amendments were applied, the bill was advanced, and will be up for passage tomorrow.

The Senate is adjourned until 11:00 AM tomorrow morning.

The Senate Committee on Health and Human Resources will meet at 1:00 PM in room 451M.

The Senate Government Organization Committee will meet at 2:00 PM in room 208W.

The Senate Education Committee will meet at 2:00 PM in room 451M.

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

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

The Senate Committee on Interstate Cooperation will meet at 10:00 AM tomorrow in room 451M.

The Senate Workforce Committee will meet at 10:00 AM tomorrow in room 208W.

Senate Judiciary Approves 3 Bills

Senate Committee

Madison Perdue

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January 13, 2020

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The Senate Judiciary Committee met at 3:00 PM today to discuss three bills.

The first of these bills was SB 46, which would declassify pepper spray as a deadly weapon and allow all persons over 16 years of age to carry it in the West Virginia Capitol building. Senator Rucker of Jefferson county proposed that the bill be amended to limit the amount of pepper spray allowed in the Capitol to 1 oz or lower, since this was not specified in the original draft of the bill. This amendment was adopted, and the bill was adopted to be reported to the full senate with recommendation for passage.

The second bill to be discussed was SB 35, which would limit the civil penalty for littering to $2,000 or less. There was some deliberation regarding the bill, some questioning whether it would be possible or persons who could not afford the fee to work community service hours instead, and committee staff explained that while certain exceptions can be made, the purpose of the bill is to pay for the investigation and cleanup of the litter. The motion was adopted and will move to the full senate for passage.

The final bill presented was SB 207, which would create the Prosecuting Attorney’s Detectives Act. This bill would allow prosecuting attorneys to hire detectives, provide compensation for prosecuting attorneys’ detectives, and establish the duties and powers of those detectives. The bill was adopted and will be reported to the full senate for passage.

House Advances Five Bills to Second Reading

House Floor Session

Juliet Thomas

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January 13, 2020

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House Advances Five Bills to Second Reading

The House advanced five bills to second reading during Monday’s floor session.

The intention of House Bill 3039 is to remove language from the current state code that limits the priority preference of children to ages 14 and older in family courts. The purpose of this bill is to expand the court’s consideration to children of all ages that meet the maturity requirement.

House Bill 4004 would create the West Virginia Sentencing Commission and specify its powers and duties. The commission would be responsible for fulfilling needs for fair and uniform sentencing, a fair operation of the criminal justice system, established priorities regarding the severity of criminal offenses and the use of limited resources to fulfill the goal of criminal punishment. The purpose of this bill is to promote a better understanding of the state’s criminal justice sentencing system.

House Bill 4007 is known as the Born-Alive Abortion Survivors Protection Act and was also advanced to the amendment stage.

House Bills 4022 and 4103 were also advanced. House Bill 4022 clarifies the qualifications for the Chancellor of the Higher Education Policy Commission and House Bill 4103 relates to the office of drug control policy.

In addition to the bills advanced, the House introduced 50 new bills today.

The House is in recess until 11 a.m. tomorrow.