Blog – Page 128

Judiciary Committee Passes Bill Improving Law Enforcement Abilities

House Committee

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March 5, 2019

The Judiciary Committee met for an extended meeting yesterday which encompassed a multitude of bills. One bill, Senate Bill 487 would improve ability of law enforcement to locate and return missing persons.

In a medical professional liability action-if state staffing standards are met, it establishes a conclusive presumption of adequate staffing, and a rebuttable presumption that adequate supervision to prevent accidents was provided. Likewise, if staffing is less than state regulations dictate, there arises a rebuttable presumption of inadequate staffing or supervision which was a contributing cause of a fall, injury or death. The bill was reported to the House.

Senate Bill 485 clarifies notification requirements for insurance purposes. This bill removes a notice provision regarding transfer of a policyholder between companies within the same insurance group and adds it to another section. The bill was reported to the House.

Senate Bill 90 relates to transferring Safety and Treatment Program from DHHR to DMV. This requires that moneys from the DHHR Safety and Treatment Fund be transferred to the DMV Treatment Fund. This bill also creates a new subsection that requires the DMV to create grievance and appellate procedures by promulgation of rules that allows participants to appeal to the regular courts of the state after they have exhausted administrative remedies. The bill was reported to the House.

Senate Bill 561 permits the Alcohol Beverage Control Administration to request the assistance of law enforcement. The bill accomplishes 15 separate items and permits ABCA to request and obtain the assistance of local law enforcement in enforcing liquor laws. The bill was reported to the House.

Senate Bill 369 relates to generic drug products. This bill removes the requirement that pharmacies “pass along” acquisition cost savings with respect to generic drugs to insured customers. Pharmacies still must pass along those savings to uninsured individuals. The bill was reported to the House.

Senate Bill 669 allows appointment of commissioners to acknowledge signatures. This bill a new article to allow the appointment of commissioners to acknowledge signatures performed in or out of the State by persons residing in or out of the State covering deeds, leases, and other writings pertaining to West Virginia property for recordation in the State. The bill was reported to the House.

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House Bills Pass Military Committee

House Committee

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March 5, 2019

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Three bills relating to the state’s veterans passed the Senate military committee following brief discussion Tuesday morning.

After receiving minimal questions from the committee, members still motioned to report each of the three bills to the Senate with the recommendation of passage. Of the reported legislation were House Bills:

2209 which would allow for military veterans to qualify for the license examination required to be a emergency medical technician. According to counsel, veterans would be required to have certain qualifications from their time in the service to qualify for the exam.
2330 which would allow honorably discharged veterans who possess certain military ratings to qualify to take the examination for licensing as a plumber, electrician, and sprinkler fitter.
2926 would require the Secretary of the Department of Veterans’ Affairs to study the housing needs of veterans and then report their findings to various joint committees.

Natural Resources Originates Study Resolution Following Push Back

House Committee

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March 5, 2019

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A study resolution intended to look at the sell of round timber wood was originated by the Senate committee for natural resources Tuesday morning.

Committee Chair, Mark Maynard, R-Wayne, explained that the resolution arose following “push back” surrounding House Bill 2718, a bill which would require purchasers of roundwood to collect and maintain certain information regarding the buying and selling of the wood. The bill originally passed out of the House

In an explanation provided by counsel, members learned that the objective of the resolution would be to investigate the buying and selling of roundwood in the state while also tracking records which are distributed during transactions. Counsel stated that the resolution would aid establish violation standards and a fine of $1,000 to $3,000 for not distributing records during an transaction.

Jason Webb from the Land and Mineral Owner Association came before the committee to explain that the House Bill 2718 was a direct result of a similar bill passed in 2012 which required the sellers of roundwood to keep records. Webb stated that since the passage of the bill, crimes in which round timber wood has been stolen and sold without records have significantly increased. The objective of this study resolution would intend for an increase in record keeping to aid in potential crimes according to Webb.

Following discussion of this resolution, the committee motioned to report to the resolution to the full Senate with the recommendation of passage.

House Bills 2540, 2715 and 2716 were also brought before the committee and were also reported to the full Senate following brief explanations from counsel.

Agriculture Committee Approves W. Va. Fresh Foods Act

Senate Committee

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March 5, 2019

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The Senate Committee on Agriculture and Rural Development met Tuesday morning for a brief meeting to discuss one House bill.

House Bill 2396 would create the West Virginia Fresh Foods Act. The meat and potatoes of the bill consist of requiring state-funded institutions, such as schools, colleges, correctional facilities, government agencies, and state parks to purchase a minimum of five percent of fresh produce from in-state producers.

The goal of the proposed legislation is to promote local in-state farming instead of buying fresh produce from out-of-state producers. The original bill required a minimum of 20 percent to be from in-state producers, but was amended to five percent while in the House Committee on Agriculture and Natural Resources. The Senate Committee adopted a strike and insert amended for technical clean up to the bill and was approved unanimously.

The bill will be reported to the Senate, and will request to have the second reference to the Senate Committee on Government Organization to be waived.

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Judiciary Committee Discusses Intellectual Property Bill, Passes Three Bills

Senate Committee

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March 4, 2019

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The Senate Committee on the Judiciary met Monday afternoon for a long discussion over an intellectual property bill.

House Bill 2014 create the West Virginia Intellectual Property and Trade Secrets Act which is different from the Uniform Trade Secrets Act. The goal of the bill is to “Make West Virginia an outlier in a positive sense towards tech companies”, said Speaker Hanshaw (R – Clay, 33).

It would rearrange the current Code to place a short title at the front of the article. It adds a new definition of intellectual property to the current definitions found in the article. The statute of limitation would be expanded from three to five years.

Multiple stakeholders testified during the committee either for or against the proposed legislation. After hearing from both sides, Chairman Trump (R – Morgan, 15) decided to table to the bill until a later date, so the Chamber of Commerce and other stakeholders could have enough time to read the Committee Substitute strike and insert amendment to the bill.

The Committee also passed three House bills during Monday’s meeting.

House Bill 2190 would modify bail requirements in the judicial system. It would require a magistrate, except for good cause shown, to release a person charged with certain misdemeanor offenses on his or her own recognizance.

House Bill 2412 would consolidate criminal offenses relating to government procurement into one article within Chapter 61 of the West Virginia Code, to establish definitions common to all offenses, and to clarify who is subject to these prohibitions.

House Bill 2809 relates to the Hatfield-McCoy Recreation Area. Currently, a person who does not remain within and on a designated and marked trail while within the Hatfield-McCoy Recreation Area is guilty of a misdemeanor and, upon conviction, shall be fined not more than $100.

The bill would increase the criminal fines for individuals who do not remain within and on a designated trail while within the Hatfield-McCoy Recreation Area to a fine of not less than $1,000.

At the beginning of the meeting, Chairman Trump announced that House Bill 2519, Campus Self Defense Act, was taken off the Committee agenda.

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Finance Reports Multiple Bills to Senate

Senate Committee

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March 4, 2019

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Eights bills were reported out of the Senate finance committee following brief discussion Monday afternoon.

Despite the lengthy agenda, members were able to review the proposed legislation and adopt multiple amendments to address techincal errors found within the bills. Of the passed legislation were House Bills: 2001, 2452, 2550, 2579, 2667, 2992, 3135 and 3144.

House Bill 2001 relates to exempting social security benefits from personal income tax
House Bill 2579 relates to the collection of tax and the priority of distribution of an estate or property in receivership
House Bill 3144 is intended to create the North Central Appalachian Coal Severance Tax Rebate Act.

While reviewing 3144, Sen. Corey Palumbo, D-Kanawha, raised concern over the absence of a fiscal note which has been drafted to create a new tax rebate. Deputy Secretary for the Department of Revenue, Mark Muchow, came before the committee to address the Senator’s concern and explained that it’s hard to establish a a solid number for a rebate drawn from the state’s coal field.

Muchow further stated that although it’s difficult to establish a solid number for fiscal, he predicted the initial start up administration cost for the bill would be around $70,000.

Although it was on the committee’s agenda, House Bill 2831, which intends to aid in finding and declaring certain claims against the state and its agencies to be moral obligations, was motioned to be laid over by Sen. Dave Sypolt, R-Preston.

Originating Bill Sparks Debate in Banking and Insurance

House Committee

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March 4, 2019

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A study resolution concerning the Board of Risk and Insurance Management resulted in extensive debate during Monday’s Senate banking and insurance committee.

The originating resolution came about as a result of the committee’s discussion surrounding Senate Bill 552 last month. If passed, the bill would have attempted to reform the practice of securing the state’s insurance.

Following an explanation from counsel, Sen. Corey Palumbo, D-Kanawha, opened discussion by thanking the committee for rejecting the proposed legislation and stating that he believed interim meetings shouldn’t be used to study BRIM. Sen. Mike Romano, D-Harrison, then built onto his fellow Senator’s statement by explaining that he’s found BRIM to be extremely difficult while practicing law in his daily life.

Sen. Craig Blair, R-Berkeley, then addressed the Senators to state that the main concept behind the proposed resolution was due to multiple requests being made to BRIM by specific government organizations throughout the state.

“I think we have a duty to study BRIM and how they’re paying out (the organizations),” Blair said. “We may not identity anything wrong with BRIM, but maybe the resolution will reveal what’s going wrong in other organizations.”

Blair further explained that while reviewing multiple claims to BRIM, he found the organizations in questions were reporting claims from anywhere between $0 to $100,000.

Sen. Harrison then addressed his fellow committee member to ask if the topic of the study should be potentially be shifted, resulting in Blair motioning for a conceptional amendment to strike language within the bill to provide that specific information be drawn from BRIM to ultimately see where the organization can be improved and strengthened.

Following discussion of the amendment, members motioned to adopt the Blair’s proposal and report the bill to the full Senate with the recommendation of passage.

Also reported to the Senate were House Bills 2480, 2807, 2954 and 2968.

House Health Committee Defeats Smoking Age Bill

House Committee

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March 4, 2019

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The House Health and Human Resources Committee convened at 4 p.m. on Monday, March 4 in 215-E for their final committee meeting for the regular legislative session. During this meeting, the House Health and Human Resources committee voted overwhelmingly to defeat Senate Bill 348, a bill to increase the age to purchase tobacco in WV to 21.

Senate Bill 348 is a bill that passed through the WV Senate after a lengthy debate. This bill would raise the age that West Virginian individuals could buy tobacco products from 18 to 21. The bill would additionally add a provision that would penalize individuals for smoking in an enclosed vehicle with a person under the age 17. Despite the bill being passed in the Senate after nearly a day’s worth of debate, Senate Bill 348 was rejected by the committee with very little discussion.

“People turn 18 and can vote, they can join the military, I don’t see why they shouldn’t be able to make the choice to smoke tobacco,” Delegate Jim Butler, R-Mason said in opposition to the bill.

Delegate Cindy Lavender-Bowe, D-Monongalia, spoke in defense of Senate Bill 348’s passage.

“West Virginia has the 7th highest number of teenagers who smoke,” said Lavender-Bowe. “This is a good bill; it aims to educate our youth.”

Despite several delegates agreeing with her sentiments, the majority of members voted against Senate Bill 348.

The House Health and Human Resources Committee had a consideration of and passed Senate Bill 640 with little discussion. This bill would establish the Sudden Cardiac Arrest Prevention Act.

The purpose of the proposed act is to promote education of sudden cardiac arrest to aid in detection and prevention to West Virginia students while they are in their youth. The bill provides that the WV Department of Education working in conjunction with the State Health Officer will develop educational materials and guidelines regarding sudden cardiac arrest for students of all ages and risks associated with continuing to play or practice after experiencing fainting or seizures during exercise, unexplained shortness of breath, chest pains, racing heart, or extreme fatigue.

Senate Bill 640 was advanced to the House floor with recommendation that it pass.

Budget Bill Laid Over By Senate

Senate Floor Session

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March 4, 2019

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The Senate unanimously motioned to lay over their 2020 budget bill Monday morning.

Despite being on third reading, Senate Bill 150 will now be taken up for consideration Tuesday, March 5.

Finance Chair, Sen. Craig Blair, R-Berkeley, rose to explain that the swift passage by the finance committee had caused for the body to “get ahead of themselves” concerning the budget. The Chair also urged his fellow Senators to relay all questions relating to the budget to him or his staff.

Additionally, a message concerning Saturday’s passage of the House of Delegates’ budget was also received by the body, prompting members to take the bill up for immediate consideration and read for a first time.

Following the motion to lay Senate Bill 150 over, the body passed seven bills. Of the passed legislation were: House Bills 2183, 2531, 2609, 2907, 2975, 3083 and 3148.

House Bill 2531 would permit trained nurses to provide mental health services in a medication-assisted treatment program
House bill 2907 would require a form of a certified commitment order to the Division of Corrections and Rehabilitation
House Bill 3083 would add temporary work during the legislative session as exclusion to the term employment for purposes of unemployment compensation

Of the 15 pieces of legislation on the calendar for second reading, seven bills received amendments from the body. A majority of the amendments offered by members arose out of committees and provided minimal technical changes to the bill.

The body also passed Senate Resolution 76 which recognized the WV School of Osteopathic Medicine. Multiple members rose to urge adoption of the legislation prior to it’s passage.

The Senate is currently in recess until 5:30 p.m.

The following committees will meet today:

The Senate Committee for Banking and Insurance will meet at 2 p.m in 451M.
The Senate Finance Committee will meet at 3 p.m. in 451M.
The Senate Judiciary Committee will meet at 3 p.m. in 208W.

The following committees will meet tomorrow:

The Senate Committee for Natural Resources will meet at 9 a.m. in 208.
The Senate Agricultural Development will meet at 9:30 a.m. in 208W.
The Senate Military Committee will meet at 10 a.m. in 208W.
The Senate Transportation Committee will meet at 10 a.m. in 451M.
The Senate Education Committee will meet at 2 p.m. in 451M.

UPDATE: Following recess, the Senate reconvened to accept additional committee reports. The body is now adjourn until Tuesday, Feb. 5 at 11 a.m.

Judiciary Committee Commits Bill to Study Resolution

House Committee

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March 2, 2019

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The Judiciary Committee met briefly and discussed Senate Bill 102. This bill relates generally to powers and authority of courthouse security officers.

The purpose of this bill is to authorize certain West Virginia courthouse security officers to carry concealed firearms while off duty with court approval. After much discussion about the bill and questions asked a subcommittee was established to further investigate the bill and determine a result. The subcommittees report came back and they reached the conclusion to submit the bill to a study resolution for further investigation.

Senate Bill 238 increases certain penalties for passing stopped school buses. This bill simply increases fines for illegally passing a school bus, passing a bus causing serious bodily injury, passing a bus causing death. Finally the bill require that school buses purchased after July 1, 2019 be equipped with operating forward-facing cameras. The bill will be reported to the House.

Senate Bill 404 relates generally to sediment control during commercial timber harvesting operations. The bill will be reported to the committee.

Senate Bill 600 relates to preservation of biological evidence obtained through criminal investigations and trials. This bill directs the Secretary of DMAPS to investigate modes and methods of storing and preserving biological evidence from criminal cases. It also directs the Secretary to give the legislature proposals and draft legislation for biological evidence storage and preservation. The bill will be reported to the House.

Senate Bill 493 corrects terminology referring to racing vehicles illegally on streets. This bill amends code which makes it unlawful to race motor vehicles on public streets. The bill changes the term “drag racing” to “illegal street racing.” The bill will be reported to the House.

Senate Bill 657 provides consumer protection regarding self-propelled farm equipment. This bill includes certain agricultural vehicles in the definition of “motor vehicles” for the purpose of including those vehicles within the coverage of the state’s consumer protections related to express manufacturer warranties. The bill will be reported to the House.

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