Blog – Page 123

Completed Legislation

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March 12, 2021

Senate Bill 126, a rules bundle, authorizes the Department of Administration to create legislative rules for purchasing.

Senate Bill 216, a rules bundle, authorizes the Department of Commerce to create legislative rules for tourism development districts.

Senate Bill 270 allows the collection of the hotel occupancy tax by marketplace facilitators.

Senate Bill 272 creates the West Virginia Employment Law Worker Classification Act, which clarifies the classifications of independent contractors and employees. It also states who is qualifies for worker compensation and unemployment compensation within the classifications.

Senate Bill 277 creates the COVID-19 Jobs Protection Act, which provides immunity from civil liability for damages for an injury resulting from exposure to COVID-19 on the premises owned or managed by another person.

Senate Bill 280 requires government entities in the state to accept all payments electronically.

Senate Bill 296 repeals certain rules.

Senate Bill 338 creates the Fire Service Equipment and Training Fund.

Senate Bill 345 expands the alcohol test and lock program to include offenders with drug-related offenses.

Senate Bill 358 allows for ATMs to be in areas of the racetrack where video lottery games are played. This completed piece of legislation advances to the Governor.

Senate Bill 372 grants the West Virginia Board of Medicine more discretion to approve graduate clinical training.

Senate Bill 459 allows for contributions paid by a member into a retirement plan to be returned to the member’s heirs after the member’s death under certain circumstances.

House Bill 2001 creates the Jumpstart Savings Act.

House Bill 2262 changes who reports and reviews the controlled substance monitoring database.

Senate Completes COVID-19 Jobs Protection, Worker Classification

Senate Floor Session

Christopher Marshall

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March 11, 2021

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Senate Completes COVID-19 Jobs Protection, Worker Classification

The Senate concurred in the House amendments to Senate Bill 277, completing action on the Covid-19 Jobs Protection Act during Thursday’s floor session.

The legislation is intended to provide legal certainty and protection to employers that remained open or reopened during the pandemic. The bill is retroactive to Jan. 1, 2020.

The Senate’s version of the bill provided blanket immunity from any claim filed against “any person, essential business, business, entity, health care facility, health care provider, first responder, or volunteer for loss, damage, physical injury or death arising from COVID-19, COVID-19 care, or impacted care.”

The House amended it to ensure it would not protect businesses deemed to have caused intentional harm. Ultimately, the Senate approved the House’s amended version. This bill now heads to the Governor’s desk to await his signature.

Also on Thursday, the Senate concurred in House amendments and completed action on a Department of Commerce rules bill, as well as a bill relating to the WV Employment Law Worker Classification Act.

Senate Bill 272 adds a new section into state law which aims to clarify the definition of an independent contractor. The legislation also creates new opportunities for businesses to classify workers as independent contractors. The goal is to provide more certainty for both businesses and workers during a time when an increasing number of people work as independent contractors in the “gig” economy.

The Senate is adjourned until tomorrow, March 12, at 11 a.m.

Finance will meet at 3 p.m. in 451M.

Judiciary will meet at 3 p.m. today and 9 a.m. tomorrow in 208W.

Legislative Oversight on Education Accountability will meet tomorrow at 8:30 a.m. in 451M.

House Concurs with Senate to Create Jumpstart Savings Program

House Floor Session

Cheyenne DeBolt

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March 11, 2021

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House Concurs with Senate to Create Jumpstart Savings Program

The House of Delegates met today, concurring with the Senate on House Bill 2001 and passing four bills.

The House concurred with the Senate on House Bill 2001, which creates the Jumpstart Savings Act. The program will help citizens embark on a new trade or establish a new business within the state.

Senate Bill 126 is a rules bundle, which authorizes the Department of Administration to create legislative rules for purchasing.

House Bill 2671 updates the financial exploitation statute. It clarifies civil complaints and petitions proceedings for financial exploitation protective orders. It also includes potential criminal penalties for violating the protection orders.

House Bill 2722 prohibits the use of class B fire-fighting foam for testing purposes if the foam contains a certain class of fluorinated organic chemicals. The bill does make exceptions for fire prevention and in case of emergency.

House Bill 2852 changes the mandate for the Department of Education to distribute before September 1 to by December 31 60 percent of the county’s share of the allowance for increased enrollment. The bill does allow for the counties to request an advance on the share they expect to receive on December 31, however it cannot exceed 60 percent of their share of projected increased enrollment.

The House is adjourned until 11 am tomorrow, March 12, 2021.

Committees

Today’s Meetings

The Education Committee will meet at 1 pm in the House Chamber.
The Committee on Health and Human Resources will meet at 1 pm in Room 215E.
The Committee on Energy and Manufacturing will meet at 3 pm in the House Chamber.

Tomorrow’s Meetings

The Committee on Technology and Infrastructure will meet at 8 am in the House Chamber.
The Committee on LOCEA will meet at 8 am in Room 434M.
The Finance Committee will meet at 9 am in the House Chamber.
The Judiciary Committee will meet at 10 am in Room 215E.
The Rules Committee will meet at 10:45 in Room 434M.

House Completes Six Pieces of Legislation

House Floor Session

Cheyenne DeBolt

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March 10, 2021

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House Completes Six Pieces of Legislation

The House advanced nine bills today and concurred with the Senate a bill, completing six pieces of legislation and advancing four bills for Senate consideration. The House also adopted House Resolution 8 to honor Officer Cassie Johnson.

Senate Bill 372 grants the West Virginia Board of Medicine more discretion to approve graduate clinical training.

Senate Bill 272 creates the West Virginia Employment Law Worker Classification Act, which clarifies the classifications of independent contractors and employees. It also states who is qualifies for worker compensation and unemployment compensation within the classifications.

Senate Bill 277 creates the COVID-19 Jobs Protection Act, which provides immunity from civil liability for damages for an injury resulting from exposure to COVID-19 on the premises owned or managed by another person.

House Bill 2598 changes the definition of an above ground storage tank, specifically brine storage tanks. Opponents stated concerns of potential chemical leaks into public water systems. Supporters of the bill emphasized the likelihood of dangerous chemicals being in these tanks is very minute and that brine is primarily salt water. The bill advances to the Senate.

House Bill 2674 codifies current practices by updating the required credentials for certified registered nurse anesthetists who cooperates with a physician or dentist. The bill advances to the Senate.

The House is adjourned until 11 am tomorrow, March 11, 2021.

Committees

Today’s Meetings

The Committee on Prevention and Treatment of Substance Abuse will meet at 2:30 pm in Room 215E.
The Committee on Technology and Infrastructure will meet at 3 pm in the House Chamber.
The Committee on Veterans Affairs and Homeland Security will meet at 2 pm in 215E.
The Committee on Senior, Children, and Family Issues will meet at 4 pm in Room 215E.
The Workforce Development Committee will meet at 4 pm in the House Chamber.
The PEIA Sub Committee will meet at 4 pm in Room 410M.

Tomorrow’s Meetings

The Finance Committee will meet at 9 am in the House Chamber.
The Judiciary Committee will meet at 9 am in Room 410M.
The Rules Committee will meet at 10:45 in 434M.
The Committee on Energy and Manufacturing will meet at 3 pm in the House Chamber.

Senate Passes Bill to Create West Virginia Jumpstart Savings Program

Senate Floor Session

Admin

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March 10, 2021

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Senate Passes Bill to Create West Virginia Jumpstart Savings Program

The state Senate today passed House Bill 2001, which seeks to creating the West Virginia Jumpstart Savings Program. The bill, if signed into law, creates a new program where West Virginians can save and invest money to help cover the costs of pursuing a trade or occupation. The Senate made amendments to the bill which will have to be approved by the House before it completes legislative action.

Three other Senate bills on third reading on the Senate Calendar were also passed and now head to the House for their consideration.

The Senate is adjourned until tomorrow, March 11th, at 11 a.m.

Senate Judiciary will meet today at 3 p.m. in 208 W.

Senate Finance will meet today at 3 p.m. and tomorrow at 9:30 a.m. in 451 M.

Senate Adopts Resolution to Honor Patrolman Cassie Marie Johnson

Senate Floor Session

Admin

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March 10, 2021

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Senate Adopts Resolution to Honor Patrolman Cassie Marie Johnson

Members of the Senate took time to memorialize the life of Cassie Marie Johnson, a Charleston City Police Officer who was killed in the line of duty last year.

Senate Resolution 17, unanimously adopted, celebrated the life and professionalism of Officer Johnson and honored her sacrifice for the community she so loved.

House Judiciary Advances Five Bills

House Committee

Cheyenne DeBolt

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March 9, 2021

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The House Judiciary Committee met this evening and advanced five of the six bills discussed.

House Bill 2888 clarifies when contention is adjudicated, defines forensic scientific evidence, and provides that no additional liabilities are created.

House Bill 2688 allows county political executive committees to create building funds in the same manner as a party headquarters committee. This is already allowed at the state level. The bill extends it to the county level.

House Bill 2972 permits the manufacture of a limited amount of alcoholic liquor for personal use only and not for sale. This bill sets the amount at 100 gallons per calendar year for a household of two or more over the age of 21 or 50 gallons per calendar if only one person over 21 lives in the household.

House Bill 2379 increases the offense of criminal invasion of privacy by visual portrayal from a misdemeanor to a felony with a corresponding increase in the penalty.

House Bill 2776 creates the Air Ambulance Patient Protection Act to provide for protections for those who are patients of air ambulance. Under this bill, anyone who sells subscriptions to, accepts membership applications for, or charges fees for air ambulances must be licensed and regulated by the Offices of the Insurance Commissioner.

House Bill 2988 implements recommendations of the Legislative Auditor by establishing causes for revocation, cancellation, or suspension of a business registration certificate. The bill failed to advance out of committee.

FAFSA Bill Advances from Committee

House Committee

Cheyenne DeBolt

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March 9, 2021

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The House Education Committee met today and advanced three bills.

House Bill 2702 would require all public high school students to complete and submit a FAFSA document before graduation. To not submit a FAFSA, a waiver can be signed by the principal. The bill was amended to state that students who would not legally qualify for federal aid will not be required to complete FAFSA.

House Bill 2345 would require each county school board to employ at least one full-time school nurse.

House Bill 2785 provides for compulsory school attendance. It provides that the parent decides to remove a child from kindergarten. It also requires students must be enrolled in the same grade when transferring from another state.

Senate Passes Bill to License Needle Exchange Programs

Senate Floor Session

Christopher Marshall

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March 9, 2021

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Senate Passes Bill to License Needle Exchange Programs

The Senate passed a bill on Tuesday that would place certain restrictions on syringe exchange programs throughout the state.

Senate Bill 334 would establish a licensing program for harm reduction programs operating syringe exchanges. The legislation would require majority approval from county commissions to establish a program, as well as a mandatory a one-to-one exchange of needles. The bill also establishes procedures for license revocation should a program not meet these requirements.

The bill was amended on the floor to require the sheriff of a county establishing a syringe exchange program to provide a letter of support, with proponents believing that provision would create more buy-in and participation from law enforcement.

Supporters of the bill said the goal is to keep all of the public health benefits of these programs, such as a reduction in Hepatitis C and HIV cases, while reducing needle litter and any crime element that could become a part of the program.

Opponents believe these restrictions are too stringent and that no reasonable program could comply with these obligations. In effect, they believe the true goal is to end needle exchange programs in West Virginia.

The legislation now heads to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, March 10, at 11 a.m.

All meetings are available for streaming on the Legislature Live page.

Energy, Industry and Mining will meet at 2:30 p.m. in 208W.

Health and Human Resources will meet at 2:30 p.m. in 451M.

Education will meet at 3:30 p.m. in 451M.

Government Organization will meet at 3:30 p.m. in 208W.

Workforce will meet tomorrow at 10 a.m. in 208W.

Interstate Cooperation will meet tomorrow at 10 a.m. in 451M.

House Advances Bill Increasing School Building Authority’s Spending Discretion

House Floor Session

Cheyenne DeBolt

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March 9, 2021

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House Advances Bill Increasing School Building Authority’s Spending Discretion

The House met today and passed two bills.

House Bill 2906 increases the School Building Authority’s discretion for maintenance spending to 10 percent on multi-county vocation schools.

Senate Bill 270 allows the collection of the hotel occupancy tax by marketplace facilitators.

Of the seven bills on second reading, Senate Bill 216 and Senate Bill 277 were amended. Senate Bill 272 and House Bill 2674 advanced to third with the right to amend.

Committees

Today

The Committee on Government Organization will meet at 2 pm in Room 215E.
The Education Committee will meet at 2 pm in the House Chamber.
The Judiciary Committee will meet at 4 pm in Room 215E.
The Finance Committee will meet at 4 pm in the House Chamber.

Tomorrow

The Committee on Agriculture and Natural Resources will meet at 8 am in Room 215E.
The Committee on Fire and EMS will meet tomorrow at 9 am in Room 215E.
The Committee on Banking and Insurance will meet tomorrow at 9 am in the House Chamber.
The Committee on Pensions and Retirement will meet at 10 am in Room 410E.
The Committee on Small Business, Entrepreneurship, and Economic Development will meet at 10 am in Room 215E.
The Rules Committee will meet at 10:45 am in Room 410M.
The Committee on Prevention and Treatment of Substance Abuse will meet at 1 pm in Room 215E.
The Committee on Political Subdivisions will meet at 1 pm in the House Chamber.
The Committee on Technology and Infrastructure will meet at 2 pm in the House Chamber.
The Committee on Veterans Affairs and Homeland Security will meet at 2 pm in 215E.
The Committee on Senior, Children, and Family Issues will meet at 3 pm in Room 215E.
The Workforce Development Committee will meet at 4 pm in the House Chamber.
The Sub Committee for Health and Human Resources will meet at 4 pm in Room 410M.