Sunday, August 17, 2025
Sunday, August 17, 2025
Home Blog Page 129

Judiciary Committee Reports Two Bills to the Floor

0

The Senate Committee on Judiciary met Saturday morning following the floor session to discuss two House bills that were on the Committee agenda.

House Bill 2617 would require the Insurance Commissioner to provide for the use of electronic means of delivery and electronic signing of the form for making an offer of optional uninsured and underinsured motorist coverage by insurers. Any signature executed in conformity with the Uniform Electronic Transactions Act is enforceable. The Judiciary Committee adopted a strike and insert amendment for technical purposes.

House Bill 2647 would create the Self-Service Storage Limited License Act which would allow owners of self-service storage facilities to sell personal property insurance in connection with the lease or rental of leased space at their self-service storage facility.

Both bills were approved by the Committee, and will be reported to the full Senate to be voted upon.

RA

 

Campus Carry Bill Passes House

Legislation Stirs Passionate Debate

The House of Delegates has heavily debated House Bill 2519 this session, a bill that creates the “Campus Self Defense Act.”

Essentially the bill would allow people with concealed carry permits attending higher education universities to have concealed deadly weapons on campus. There are provisions in the bill where weapons are allowed or restricted as well as provisions limiting the authority that school boards have over regulations on the bill in regard to their campus.

The House has been unpredictable with the legislation throughout its process. It took a circuitous route, through two committees and being on and off and then back on the Special Calendar on the day of passage.

Many democrats were opposed to the bill while many republicans supported it but there were outliers on both sides of the aisles who disagreed with their respective party’s opinions and votes. Debate on the bill was filled with raw emotion as well as logical reasoning and discussion. Both sides presented compelling arguments for and against the bill, which eventually passed the House.

“I think it’s important that the students of West Virginia are able to protect themselves and any office in West Virginia, whether it be state or local, including this Capitol, have metal detectors and guards that ensure our safety. We don’t have that kind of insurance for our students and in this bill any institution can limit or restrict firearms in any building as long as there is a metal detector and a guard there. If there is not that assurance of safety for our students then they have the right to protect themselves and I know that’s what it was about for me,” said Delegate Jason Barrett (D-Berkeley).

“It was an extremely controversial bill. I think there is some overreaction and people really should take a look to the legislation to see what it actually does, but again it was all about student’s safety for me and folks being able to protect themselves. Most of our universities do not have full time campus police, there are a lot of night classes and a lot of female students walking outside from building to building and class. There’s little or no campus police around to protect them so I think that students should be able to protect themselves.”

Nearly every college or university of higher education in the state made it clear to the Legislature that they are strongly opposed to the bill.

“My vote was based on hearing from a variety of people in the community and from around the state. For every person I heard from in support, I heard from at least 20 that were opposed. I think I may have heard from about a dozen in support, and two out of three of West Liberty University’s facilities are in my district. They had concerns and they accounted to over $3.4 million of the fiscal note. The total fiscal note for all the universities, community colleges, and technical colleges in the state was only $11 million so West Liberty obviously had some very strong opinions on it. That’s really why I was concerned about forcing these universities of higher education to have to absorb that additional amount of proposed cost without giving them any additional state monies to handle that burden,” said Delegate Erikka Storch (R-Ohio).

“I’ve had various conversations with individuals from the universities, but not to where I could give them any level of comfort with dealing with it. To be honest I’m all about local control and I think we should let the universities decide what works best for their community. You know maybe you’re in the state and you’re a student who wants to be around guns, or a student who doesn’t want to be around guns, but you should still have the options to choose within your own state. I’ve had some parents say that their student will not go to school in West Virginia if there’s going to be guns on campus. Well why should you be forced to pay out of state tuition just because your parents have a fundamental principle to keep you away from guns for whatever reason? I think it should just be locally controlled.”

Many of those in favor of the bill discussed what this legislation meant regarding upholding the constitution and constitutional rights of students in West Virginia, suggesting that students will be more safe at their school with an option of additional protection if they so choose to utilize it.

“What this bill does is simply establish students second amendment rights. All we’re doing is just making sure that students are safe and have the right to defend themselves,” said Delegate Geoff Foster (R-Putnam).

“For the first time, West Virginia students have the ability to protect themselves, regardless of whether they are on or off their college campus. A student’s second amendment rights should not be infringed upon for choosing to advance their education,” said Majority Whip Kayla Kessinger (R-Fayette).

“The House of Delegates is committed to ensuring that West Virginian’s second amendment rights will never be trampled.”

There were multiple amendments made by the Chairman of the Judiciary Committee, John Shott (R-Mercer) to try and model the law after a Texas version. Only one was adopted, however, to have the schools update the Legislature yearly, but there was support in favor of his may amendments from those who opposed the bill as it is currently written.

“Obviously when the legislative session started I was very pleased to hear the Speaker say that this session is going to be about creating a West Virginia that you want to raise your family in, attract new people, economic development, and when this campus carry bill came up, I just, it made me second look at myself in the mirror. It made me say “is this really happening?” I didn’t think it would help West Virginia and I had so many students and faculty with all of these universities coming to me and saying “we do not want this!” “who wants this bill?” then I would have people say “I am not sending my kid to a college in West Virginia if this bill passes” now it hasn’t passed yet but I think a lot of us know what’s going to happen,” said Delegate Andrew Byrd (D-Kanawha).

“You know, I voted against this because I just didn’t think it was good policy for the state. I mean I understand, I’m a second amendment rights guy, I carry my own guns and conceal carry but there’s sensitive places where guns are not needed. I just thought that colleges and universities were one of them.”

“I was very pleased with Chairman Shott for offering amendments to try and mimic Texas, a state that has gone through this process, found problems, and amended their campus carry. They are a very gun loving state and he produced a number of amendments I voted for, every single one of them, to make it conform to a state that has already gone through this process. It’s just a shame because I think that our universities are our economic drivers right now and I think it’s going to detour economic growth. Hopefully not, but it might detour enrollment at these schools. I pray that it doesn’t and I pray that everyone stays safe when or if this passes.”

The Senate has given little opinion on the bill and remains neutral at this point. There are eight days until the 2019 session is over, so there is time for the bill to be discussed in committee or on the Senate floor. Judiciary Chairman, Charles S. Trump IV (R-Morgan) spoke briefly about his opinion on the bill.

“I will say this, I haven’t been focused on House bills and I actually haven’t had time to see it. There was no similar bill introduced in the Senate so if the bill which is now passed from the House is referred to the Judiciary Committee we will definitely look at it,” said Chairman Trump. Campus Carry is one of the many bills to make headlines during this legislative session. Make sure to follow this bill on the Senate side as it continues through the legislative process.

The Senate Sends Two Bills to Governor, Passes Five Other Bills

The Senate body convened Saturday morning for a brief floor session to conduct daily order of business.

The Senate completed legislation on two Senate bills that were reported from the House of Delegates yesterday.

Senate Bill 518 would prohibit a person from knowingly or willfully selling or trading a finished drug product containing any quantity of dextromethorphan to a person under the age of 18. A person found guilty of violating these provisions is guilty of a misdemeanor and subject to a fine of $100 to $250. The House Committee on Health amended the bill adding more language to it to clarify the age requirements.

Senate Bill 545 would eliminate outdated HIV testing protocols to be used by insurers. The House Committee on Health adopted a strike and insert amendment to the bill for cleanup and technical purposes.

Both bills will be reported to Governor Justice to be signed into law or vetoed.

The Senate also discussed five bills that were on third reading and up for passage.

House Bill 2547 would reconcile a section of state code making it a misdemeanor to remain within a certain distance of a polling place during elections.  In 2018, the Legislature enacted a bill to reduce the electioneering prohibition zone around polling places, during elections, from 300 feet to 100 feet. One section remained within 300 feet of a polling place. This bill would correct that error, and the Senate Judiciary Committee amended the bill to move the distance from 100 feet to 200 feet.

House Bill 2691 relates to concealed carry licenses. Current law has concealed carry licensees good for five years from issuance.  The House Bill would have licenses expire on one’s birthday. The Judiciary Committee’s strike and insert amendment deals with current licenses by saying that licenses in effect on the bill’s effective date are good for 5 years or until a licensee’s birthday in the 5th year, whichever is later. New licenses and renewals would run five years, birthday to birthday.

Other bills on third reading included:

  • House Bill 2359: Relating to exemptions to the commercial driver’s license requirements
  • House Bill 2476: Relating to the valuation of a motor vehicle involved in an insurance claim
  • House Bill 2813: Relating generally to collection of use tax

All bills were passed by the Senate, and will be reported to the House of Delegates.

The Senate is adjourned until Monday, March 4 at 11 a.m.

The following committees will meet today:

Finance at 10:30 a.m. in 451M

Judiciary at 10:30 a.m. in 208W

RA

House Finance Advances Community College Bill

0

The House Finance Committee considered proposed changes to a Senate bill that would provide the “last dollar in” for students attending community and technical colleges in state.

In Friday’s meeting, the committee took up Senate Bill 1. The bill was double referenced, first advancing out of House Education, which made several recommended changes to the bill.

The bill would create a new grant program that would provide tuition for qualifying students up to the amount of tuition less any other scholarships or money available from other sources.

The bill also would expand the existing ACE programs, which connect secondary schools with community and technical colleges to prepare students for post-secondary education. The bill expands this program from 1,000 participating students to 2,500.

The House Education Committee expanded the grant program established under the original bill to include four-year institutions, both public and private.

The House Finance Committee presented its proposed amendment, which took out coverage for private four-year institutions. The bill, as amended, would keep the extension to public four-year institutions that offer two-year associate’s degree programs. Six universities in the state would qualify.

The committee advanced Senate Bill 1 to the House floor.  

The House Finance Committee also advanced these bills Friday:

  • Senate Bill 373, which would authorize the Division of Corrections commissioner to deduct money from civil judgments and settlements to pay court-ordered obligations before depositing money into an inmate’s account.
  • Senate Bill 617, which would allow municipalities to pre-pay pensions for firemen and policemen as an option.
  • Committee Substitute for Senate Bill 316, which would authorize municipalities to continue overpaying pensions of city fire department and police pensions. Some pensions were miscalculated and would cut future payments to correct that amount. This bill would authorize cities to continue making these payments if they choose to do so.
  • House Bill 587, which would set the amount that PEIA would reimburse air-ambulance providers for emergency transportation. 

Economic Development Amends Small Business Legislation

0

A bill intended to create a federal/state matching program for small businesses received an amendment in Friday’s Senate Economic Development committee.  

If made into law, House Bill 2550 would create a two phase matching program for the Small Business Innovation and Research Program and the Small Business Technology Transfer Program throughout the state. In an explanation provided by counsel, members reacquainted themselves with the Senate’s version of this bill, Senate Bill 602, and reviewed differences between the two bills  

According to counsel, the main difference between the two bills is found within language of the Senate version which requires that entities awarded with a grant receive 75 percent of their funding through the first phase of implementation and the remaining 25 percent in phase two. The House version would simply split funding 50/50 between the two phases.  

Another noticeable difference is that the House version establishes that companies can only apply for grants every five years whereas the Senate version has no limitation on the application for grants.  

Following counsel’s explanation, the WV Bioscience Association Executive Director, Bryan Brown, came before the committee to discuss specific details of the bill, particularly relating to the extensive application process which must be completed prior to any grant money being award.  

According to Brown, surrounding states have created similar matching programs in order to help companies apply for grants, ultimately allowing for more federal money to cominto the stateAlthough the application process can be seen as rigorous, companies are often times provided with incentivized to apply for grants through new technology projects. Brown stated that if passed, the bill could potentially aid in strengthening the state’s tech field.  

After consideration from the committee, Sen. Eric Tarr, R-Putnam, motioned to amend language within the House Bill concerning grant applications in order to match the Senate Bill’s rule which allows for unlimited requests 

Sen. Mike Romano, D-Harrison, spoke against Tarr’s amendment and urged the Senator to recede his proposal to prevent the bill from being rejected. Despite Romano’s request, Tarr sustained his request and the amendment was adopted by the committee.  

Following adoption of the amendment, members motioned to report the bill, in addition to House Bill 2420, to the full Senate with the recommendation of passage.     

Workforce Committee Passes Wage & Benefits Bill

0

The Senate Committee on Workforce met for the first time this legislative session Friday afternoon, and immediately discussed a bill relating to prime contractor’s responsibility for wages and benefits.

House Bill 2049 would amend §21-5-7 of the State Code 7 to provide additional language regarding how an employee may seek wages and/or fringe benefits from a prime contractor in the event that a subcontractor does not pay those wages and benefits in a manner consistent with the Wage Payment and Collection Act.

The Committee adopted an amendment proposed by Senator Jefferies (D – Putnam, 8). The amendment states that “An employee must notify the prime contractor within 100 days of being notified by a statement or other means that wages or benefits were not paid.” Once the prime contractor is notified, the employee has 1 year to take action (civil suit), and must produce proof (pay stubs/bank statements) to show missing wages and benefits.

The Committee approved the bill, and will be reported to the Committee on the Judiciary.

RA

Library Commission Bill Passes Senate Education

0

Two House Bills came before the Senate education committee, Friday,  

Both bills on the committee’s agenda are intended to improve the state’s educational system and quickly received passage from members.  

House Bill 2853, which establishes the West Virginia Program for Open Education Resources, in conjunction with the state’s Library Commission, also received a second committee reference to the finance committee.  

Executive Secretary for the Library Commission, Karen Goff, briefly came before members of the committee to explain the history of the legislation which passed out of the House with a 99-0 vote.  

According to Goff, the legislation originally arose out of the need to provide educational materials to college students and combat rising textbook costs. Goff explained that Delegate Joshua Higginbotham, R-Putnam, then amended the bill to include K-12 students prior to receiving passage from the House.   

When reviewing House Bill 2363members voted to adopt a title amendment to the bill prior to it’s passage.  

Sen. Stephen Baldwin, D-Greenbrier, addressed the committee to thank his fellow Senators for supporting the bill which intends to aid his local school district 

Judiciary Committee Passes Military Service Members Court Bill

0

The Judiciary Committee met Thursday and discussed Senate Bill 40, which establishes a Military Service Members Court program.

This bill seeks to reinvigorate the Military Service Members Court- a program which was once an operative wing of the West Virginia Supreme Court of Appeals.

The court is similar to the Adult Drug Court and Addiction Treatment Pilot Program but focuses on military veterans and their particular issues. The program has proven its value to combat veterans suffering from a spectrum of battlefield issues like PTSD and traumatic brain injury which often lead to a mental health disorder, cognitive impairment and/or substance abuse.

Once under the auspices of the state Supreme Court, former Justice Allen Loughry eliminated the program for financial reasons. The bill seeks to reinstitute the Military Service Members Court by legislation, with an operative organizational structure.

Senate Bill 360 relates to third party litigation financing. The purpose of this bill is provide consumer protections with regard to third-party litigation financing transactions. Third-party litigation financing is currently unregulated in West Virginia.

With the passage of this bill, West Virginia would join a growing number of states that have seen fit to enact statutory consumer protection laws governing third-party litigation financing. Other states that have enacted such laws include Tennessee, Oklahoma, Arkansas, Indiana, Vermont, Wisconsin and New York.

The bill was advanced out of committee and reported to the House.

The committee also took up Senate Bill 531, which relates generally to workers’ compensation claims. This bill seeks to exclude claims for hearing loss or hearing impairment form the requirement that workers’ compensation claimants must be represented by counsel to enter a settlement agreement. The committee advanced the bill, which will be reported to the House.

The committee also advanced to the House floor Senate Bill 101, which equalizes penalties for intimidating and retaliating against certain public officers and other persons. This bill establishes criminal penalties for “intimidation” and “retaliation” crimes.

The crime of intimidation with the intent to influence a judicial proceeding carries a misdemeanor penalty, while the crime of retaliation for the outcome of such a proceeding carries a felony.

The committee also considered Senate Bill 237, which would improve the ability of law enforcement to locate and return missing persons. The bill provides minimum steps for all law-enforcement agencies receiving and investigating missing person complaints. The bill requires a law-enforcement agency with jurisdiction to accept a missing person complaint and specifies the minimum information that law-enforcement agencies must attempt to collect from a complainant.

The bill also requires law-enforcement agencies receiving a missing person complaint to ensure that a report of the complaint and relevant information is entered into the state-level West Virginia Automated Police Network and when applicable, several other national databases, including those maintained by the Federal Bureau of Investigation.

The bill will be reported to the House.

TH

12 House Bills Bypass Third Reading to Receive Passage from Senate

0

Multiple House Bills on second reading were passed by the Senate following a suspension of Constitutional rules, Friday.  

Of the 20 House Bills on second reading eight received amendments from the body. Following House Bill 2193’s adoption of an amendment, Majority Leader Sen. Tom Takubo, R-Kanawha, motioned for the bill to be advanced to third reading, ultimately leading to the bill’s passage by the body.  

House Bill 2204, 2510, 2608, 2737, 2743, 2829, 2848, 2854, 30073093 and 3140 were also advanced to third reading where each received passage by the body.  

  • House Bill 2204 would prohibit state licensing boards from hiring lobbyists 
  • House Bill 2608 would repeal the requirement of printing the date a consumer deposit account was opened on paper checks 
  • House Bill 2829 relating to the termination of severance taxes on limestone and sandstone 
  • House Bill 3007 would authorize the Commissioner of Agriculture to require background checks 

Of the House Bills amended were: 2193, 2359, 2476, 2531, 2547, 2691, 2813 and 3140Health and Human Resources Committee Chair, Sen. Michael Maroney, R-Marshall, motioned to lay over House Bills 2525 and 2530 

A message concerning House Bill 2519, commonly known as the campus self defense act, was received by the Senate.  

The highly debated bill which received a 59-41 vote from the House of Delegates will now be double referenced to the Senate’s judiciary and finance committees. If passed, the bill would allow for conceal carry on the state’s college campuses.   

The body also took up Senate Bill 150 for immediate consideration following it’s passage in Thursday’s finance committee. For more information concerning the Senate’s fiscal year 2020 budget click here.  

Additionally, the Senate passed two resolutions prior to second reading. Senate Resolution 65 designated thmonth of March as American Red Cross Month; Senate Bill 66 congratulating the Greenbrier West High School wrestling team for winning the 2019 Class A state Championship. 

The Senate is currently adjourned until Saturday, March 2 at 9 a.m. 

The following committees will be meeting today:  

  • The Senate Education Committee will meet at 1:30 p.m. in 451M.  
  • The Senate Workforce Committee will meet 15 minutes following the Education meeting in 208W.  
  • The Senate Economic Development Committee will meet 20 minutes following the Workforce meeting in 208W.  

House of Delegates Passes HIV Testing Bill

0

The House of Delegates convened today and passed Senate Bill 545, relating to HIV testing.

This bill removes unnecessary procedures and tests from the HIV testing protocol as well as updating the system.

The House passed these bills Friday:

·     Senate Bill 295, relating to crimes against public justice

·     Senate Bill 408, determining indigence for public defender services

·     Senate Bill 518, restricting sale and trade of dextromethorphan

·     Senate Bill 593, permitting critical access hospital become community outpatient medical center

There were two bills on second reading that were amended before being advanced. Senate Bill 60, licensing practice of athletic training and Senate Bill 641, relating got primary care support programs.

The House also advanced the budget bill, House Bill 2020. The budget bill was advanced to third reading with right to amend.

TH