Blog – Page 134

Judiciary Committee Approves Haven’s Law

Senate Committee

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February 20, 2019

The Senate Committee on the Judiciary met Wednesday afternoon to discuss school bus safety bill.

Senate Bill 238 would increase the penalties for passing stopped school buses and provide for the installation of forward-facing cameras on new school buses to aid in enforcement of this section. The proposed legislation comes from an increase in drivers passing stopped school busses.

Fine increases for passing a stopped school bus would include:

First conviction would increase the minimum to $500 and the maximum to $1,000.
Second conviction would increase the minimum to $1,000 and the maximum to $1,500
Third conviction would increase to a $2,000 fine

The Committee adopted an amendment by Senator Rucker to add a preamble to honor Haven McCarthy who was killed while getting off a stopped school bus in Lincoln County in 2007.

Senate Bill 511 is closely related to the Nonintoxicating Beer Act that was passed by the Committee on Tuesday; except this bill relates to wine. It would revise certain wine code sections to permit wine alternating wine proprietorships as permitted under federal law, and clarify wine sampling procedures for wineries and farm wineries up to two fluid ounces at certain fairs and festivals along with wine bottle sales for off-premises consumption only.

Senate Bill 547 would encourage landowners to make land available for recreational purposes by limiting land owner liability. The bill would protect landowners who offer their land for recreational activities from being liable for injuries of people on their property.

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

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Legislation Rapidly Passes Senate Finance

Senate Committee

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February 20, 2019

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Three Senate bills quickly passed through the Senate Finance Committee, 3 p.m. Tuesday

Committee Chair, Sen. Craig Blair, R-Berkeley, addressed the committee to state that the previous agenda had been shortened but assured members the committee would proficiently address legislation throughout the remainder of this week.

Following brief explanations from council, Senate Bills 539, 544 and 656 were unanimously voted to be reported to the full Senate with the recommendation that they each pass.

Senate Bill 539 relates to accrued benefit of retirees in WV State Police Retirement System Plan B
Senate Bill 544 intends to increase salaries for members of WV State Police over three-year period
Senate Bill 656 relates to the electronic filing of tax returns

None of the bills contained a second reference.

Originating Bills Sent to Senate

Senate Committee

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February 20, 2019

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Four originating bills came before the Senate Economic Development Committee, Wednesday.

Of the proposed legislation, two bills have been referred to the Senate following a double reference. The other two bills have been amended to into a study resolution.

Brief review of Originating Bills 1 through 4 followed a lengthy floor session. The proposed legislation intends to:

Originating Bill 1 would create the WV Motorsports Entertainment Complex Investment Act
Originating Bill 2 would create the WV Motorsports Committee

Originating Bill 3 would create the Local Unincorporated Municipality Board
Originating Bill 4 relates to Retail Sales and Use Tax; Absorption of Tax by Retailer

Senate Bill 602 would create a matching program for the Small Business Innovation and Research Program and the Small Business Technology Transfer Program.

Following consideration of the bill, members motioned to report the bill to the full Senate following a double reference to the committee on finance.

Governor Vetoes Senate Bill 272, Senate Moves to Amend Bill and Pass

Senate Floor Session

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February 20, 2019

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The Senate convened Wednesday morning, and quickly addressed Governor Justice’s veto over Senate Bill 272.

The proposed legislation would update code relating to Commission on Special Investigations. In response to the veto, the Senate moved to amend the bill by striking everything before the enacting clause as to address the Governor’s concerns with the legislation. The Senate then passed the bill again, and will be reported to the House for further deliberation.

The Senate also passed 11 bill that were on third reading.

Senate Bill 360 would regulate third-party litigation financing. A litigation financing transaction is a non-recourse transaction in which financing by a third-party, who is unrelated to the case, is provided to a consumer in return for a consumer assigning to the litigation financier a contingent right to receive an amount of the potential proceeds of the consumer’s judgment, award, settlement, or verdict obtained with respect to the consumer’s legal claim.

Senate Bill 360 would add regulations to this type of business in West Virginia. The proposed regulations with this legislation would include:

All litigation financiers to register with the secretary of state.
Litigation financiers must:
- Provide the consumer with a completed, written agreement.
- Contract must contain a right of rescission within five days of receiving funds.
Prohibits litigation financiers from:
- Paying, offering to pay, or accepting any commissions or referral fees to or from any attorney, law firm, medical provider, chiropractor, or physical therapist.
- May not use false or misleading advertisements.
- May not charge a consumer an annual fee of more than 18 percent of the original amount of money provided to the consumer

Senate Bill 512 would add regulation to pawnbrokers. Effective Jan. 1, 2021, the bill would require a pawnbroker to equip each of its locations with electronic monitoring and recording equipment. Video must be kept for 30 days. It also lists people from whom the pawnbroker may not purchase, accept in pawn, receive in trade or exchange for goods, such as minors or persons under the influence of alcohol or drugs.

The Senate also passed the following bills:

Senate Bill 310: Establishing certain requirements for dental insurance
Senate Bill 519: Requiring county emergency dispatchers complete course for telephonic cardiopulmonary resuscitation
Senate Bill 553: Relating to federal funds for land-grant institutions
Senate Bill 587: Relating to PEIA reimbursement of air ambulance providers
Senate Bill 601: Relating to mandatory supervision of adult inmates
Senate Bill 636: Authorizing legislative rules for Higher Education Policy Commission
House Bill 2607: Relating to the licensure of nursing homes
House Bill 2666: Supplemental appropriation to the Department of Veterans’ Assistance
House Bill 2668: Supplemental appropriation to the Department of Administration, Public Defender Services

The Senate is adjourned until tomorrow, Feb. 21 at 11 a.m.

The following committees will meet today:

Economic Development at 1:30 p.m. in 208W

Pensions at 2 p.m. in 451M

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Gov. Org. at 4 p.m. in 208W

Banking at 5 p.m. in 451M

The following committees will meet tomorrow:

Transportation at 9 a.m. in 451M

Health at 1 p.m. in 451M

Education at 2 p.m. in 451M

Agriculture at 2 p.m. in 208W

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House of Delegates Passes Two Bills, Advances Bills on Second Reading

House Floor Session

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February 20, 2019

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The House of Delegates passed two bills and advanced 20 bills on second reading during Wednesday’s floor session.

The bills passed were both passed unanimously and with little discussion.

House Bill 2486 would remove barriers to employment for people with criminal records who seek licensure or certification in an occupation.

In explaining the bill, Delegate John Shott, R-Mercer, said the bill could be used to help West Virginians seek employment, providing that their criminal conviction is not directly relevant to the job that they are seeking licensure for, and that the criminal conviction is not sexual or violent in nature.

The House also passed House Bill 2975. This bill would update current statute to include employees and contract employees of a day report center to those prohibited from engaging in sexual acts with prisoners, those persons under their supervision.

Currently, correctional officers and guards are prohibited from engaging in sexual acts with prisoners or subordinates. This bill would just add day report center employees to that list.

Bills that were advanced without amendment include Senate Bill 270, Senate Bill 356, Senate Bill 358, Senate Bill 357, Senate Bill 452, House Bill 2515, House Bill 2667, House Bill 2855, House Bill 2856, House Bill 2886, House Bill 2907, House Bill 2924, House Bill 2929, House Bill 2954, House Bill 2982, House Bill 3007, House Bill 3039, House Bill 3083, and House Bill 3093.

House Bill 2933 was amended. The bill went under some technical changes that cleaned up the language as it referred to sentencing for repeat offenders.

All bills on first reading were advanced.

The House of Delegates is in recess until 6 p.m. today. The House will reconvene to hear reports from standing committees and remarks from members.

Committees Meeting Today:

-The House Committee on the Judiciary will meet at 1:30 today in 418-M to continue consideration of their posted agenda.

-The House Committee on Government Organization will meet at 2:00 today in 215-E to continue consideration of their posted agenda.

-The House Finance Committee will meet at 2:00 today in 460-M to continue consideration of their posted agenda.

-The House Education Committee will meet at 2:30 today in 434-M to continue consideration of their posted agenda.

Committees Meeting Before Floor Session Tomorrow:

-The House Education Committee will meet at 9 a.m. in 434-M.

-The House Government Organization Committee will meet at 9 a.m. in 215-E.

-The House Committee on Finance will meet at 9 a.m. in 460-M.

-The House Committee on the Judiciary will meet at 9 a.m. in 418-M.

-The House Committee on Health and Human Resources will meet at 2 p.m. in 215-E.

The House of Delegates reconvened at 6 p.m. for a brief floor session on Feb. 20 in the House chamber.

A vote was taken to dispense of the second reference to Judiciary for House Bill 2519, the campus carry bill. This vote passed.

The House of Delegates also read House Bill 2730, a bill to issue a 5% pay raise to certain state service personnel, such as police officers and teachers.

The House of Delegates is adjourned until 11 a.m. tomorrow, February 21st, in the House chamber.

Judiciary Committee Reports Out Campus Carry Bill

House Committee

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February 19, 2019

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The first bill on the agenda for the committee was House Bill 2519, the Campus Self Defense Act.

This bill removes the restrictions of carrying a licensed concealed weapon on the public colleges and universities of West Virginia. It establishes that a person is permitted to carry a concealed pistol or revolver on campus within the parameters of specific school regulations, exemptions and specific restrictions.

Currently in the United States there are 21 states that either expressly allow colleges and universities to regulate firearms, or are silent on the matter, leaving gun regulation decisions up to the governing bodies of colleges and universities in the state. There are 16 states that ban carrying a concealed weapon on a college campus. The bill will be reported to the House and referred to the Finance committee.

House Bill 2968 adds remote service unit to the definition of customer bank communications terminals. This bill will be reported to the House.

House Bill 2837 relates to the licensing of advance deposit wagering. This bill authorizes the licensing of advance deposit wagering in WV. It defines applicable terms. It provides for “source market fees” and sets forth the distribution of those derived from wagers of account holders.

It explicitly provides that advance deposit account wagers are authorized and provides exception form certain provisions of code barring gaming. It confers jurisdiction to the Racing Commission, provides for the assessment and imposition of licensing and annual renewal fees, requires applicants to bear certain costs and explicitly prohibits advance deposit wagering in West Virginia unless conducted through an advance deposit wagering licensee. It provides for criminal penalties for accepting advance deposit wagers without a license and gives the Racing Commission power to seek civil remedies and damages for violations. The bill will be reported to the House.

House Bill 2934 permits interactive wagering authorized as West Virginia Lottery interactive wagering activities. There was also a strike and insert amendment that the committee accepted. The purpose of the bill is to authorize interactive wagering in WV.

The bill authorizes the licensing of interactive wagering in WV. It must be done under the auspices of the currently licensed casinos. It goes on to define the terms used.

It details the specific duties and powers of the West Virginia Lottery Commission in oversight, with explicit provisions for rule-making authority and emergency rule-making authority, while requiring the Commission to levy and collect fees, surcharges, civil penalties, and weekly tax on adjusted gross interactive wagering receipts and deposit them into the West Virginia Lottery Interactive Wagering Fund. The bill will be reported to the House

House Bill 2617 relates to the form for making offer of optional uninsured and underinsured coverage by insurers. The purpose of this bill is to 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 bill will be reported to the House.

House Bill 2770 relates to the Fairness in Cost-Sharing Calculation Act. This bill seeks to create the Fairness in Cost-Sharing Act by establishing cost sharing calculations for health plans and pharmacy benefits. The bill will be reported to the House.

There was also an originating bill in the committee. This bill relates to criminal penalites for reckless driving. The bill increases the penalty for the existiing crime of reckless driving causing serious bodily injury. the new penalties are two to ten years and a fine of $1,000 to $2,000.

Second, the bill creates a felony for reckless driving causing death. that crime carries a penalty of 3 to 15 years and a fine of $1,000 to $3,000. the bill will be reported to the House.

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Energy Committee Passes Bill Relating to DEP Rules

House Committee

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February 19, 2019

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The Energy Committee took up Senate Bill 163 today. This bill authorizes DEP promulgate legislative rules.

This contains eight bills relating to the Department of Environmental Protection. Two air quality rules are being repealed because of changed circumstances. These two rules are no longer necessary.

Five air rules are being updated to match federal requirements so DEP will continue as primary enforcement authority. The eighth rule is the Triennial Review of Water Quality Standards under the Clean Water Act. The bill will be reported to the House and referred to the Judiciary Committee.

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House of Delegates Postpones Senate Bill 451 Indefinitely

House Floor Session

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February 19, 2019

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Minority Whip, Mike Caputo (D-Marion) District 50 made a motion to postpone any action on Senate Bill 451 indefinitely. Many passionate arguments were made on both sides of the aisle and the votes passed the Caputo’s motion resulting in the bills defeat.

Bills Passed on Third Reading:

· Senate Bill 377 relates to minimum wage and maximum hour standards.

· House Bill 2439 relates to fire service equipment and training funds for volunteer and part-volunteer fire companies.

· House Bill 2542 permits directors of county emergency phone systems to obtain mobile-phone emergency lines

· House Bill 2947 relates generally to telemedicine prescription practice requirements and exceptions.

· House Bill 2958 authorizes the state auditor to conduct regular financial examinations or audits of all volunteer fire companies.

House Bill 2486 was amended for clarification and advanced to third reading. All additional bills on second and first reading were advanced as well.

After recess the House reconvened and took up House Bills 2481, 2492, and Senate Bill 61 for consideration and passage.

House Bill 2481 permits retail sale of alcoholic beverages on Sundays after 1 p.m.

House Bill 2492 relates to mandatory reporting procedures of use and neglect of adults and children.

Senate Bill 61 adds certain crimes for which prosecutors may apply for wiretap.

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House Finance Defeats Soft Drink Tax Elimination Bill

House Committee

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February 19, 2019

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The House Committee on Finance convened at 3:30 on Tuesday, Feb. 19 in 460-M to continue taking up their posted agenda. House Finance had a consideration of three bills during this committee meeting, one of which being a bill to eliminate the state tax on soft drinks.

House Bill 2574 would eliminate the 1% sales tax on soft drinks in the state of West Virginia. Since 1951, sodas, juices, flavored waters, and other sugary drinks have come with an extra price in the state of West Virginia. The $14,700,000 generated by the soft drink tax goes directly to West Virginia University’s medical and health science facilities.

Rob Alsop, the Vice President of Strategic Initiatives at West Virginia University, stressed the importance of the tax to the university.

“This money helps fund the education, training, and maintenance of our school,” Alsop said. “The removal of this tax would be devastating to the dental and nursing industry in West Virginia.”

Alsop stated that the majority of WVU students studying dentistry, nursing, and pharmacy stay in the state of WV and help their local communities.

“We’d have to make a cut of nearly $14 million to this institution,” Alsop said. “You’d be losing resources for this state’s doctors, nurses, and dentists.”

Many delegates voiced concern over the bill passing because of what it would do to WVU’s medical and health facilities, which see around 11,000 graduates practicing in-state.

“This tax is ultimately a good investment for health outcomes across the state,” Delegate Daryl Cowles, R-Morgan, said while speaking in opposition to the bill.

Other delegates were in support of the bill, arguing that the subsidization of WVU is unfair and unneeded.

Delegate Dianna Graves, R-Kanawha, argued that if other successful state medical school programs can persist without state subsidization, WVU can too.

After a lengthy discussion, House Bill 2574 was defeated unanimously by the committee in favor of funding the state’s higher education system.

“We just cannot take $14 million out of state education,” Delegate Larry Rowe, D-Kanawha said.

The Finance Committee also advanced House Bill 2830. This bill would begin the process of implementing Next Generation 911 Services in the state of West Virginia. This technology would allow West Virginians to communicate with 911 operators through text message, photos, and videos. 46 other states have made moves to implement similar programs.

House Bill 2830 was advanced to the House floor unanimously.

House Bill 2828 was also unanimously passed by the House Finance Committee after little discussion. This bill would allow new West Virginia businesses to receive a tax exemption if they establish a business within a Qualified Opportunity Zone. These entrepreneurs would be eligible under certain standards to have all income derived from the opportunity zone business exempt from state taxable income for a ten-year period.

The House Finance Committee will convene at 9 a.m. tomorrow, Feb. 20, in 460-M.

Judiciary Committee Reports Seven Bills to Senate

Senate Committee

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February 19, 2019

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The Senate Committee on the Judiciary met Tuesday afternoon to discuss seven different bills that were on the agenda.

Senate Bill 529 would clarify provisions of the Nonintoxicating Beer Act by creating a temporary license for nonintoxicating beer floorplan extensions of existing licensee floorplans. Counsel also explained that in the Committee Substitute it would raise the ABV.

Senate Bill 415 would create the Timber Cotenancy Modernization and Majority Protection Act and the Unknown and Unlocatable Timber Interest Owners Act. The bill permits the severance of timber by fewer than all the interest owners under certain conditions, and provides an exception to waste and trespass. The bill also states that nonconsenting cotenants may elect a severance royalty interest or a working interest share of severance.

Senate Bill 585 would define the term “stalking” and include it in with same penalties as harassment which states “as to cause emotional distress.”

House Bill 2740 would bar a parent from inheriting from a child if the parent’s parental rights were terminated by court order and the parent-child relationship had not been judicially reestablished. The bill would also permit a child to inherit from a barred parent as long as a parent-child relationship does not exist between the child as an adoptee with another person.

House Bill 2747 would allow the County Commission to administratively close dormant estates. If the County Commission administratively closes an estate, the personal representative is still liable in a civil action to heirs, beneficiaries, or interested parties for property or assets of the decedent or the estate.

House Bill 2759 would allow for the ancillary administration of the estate of nonresident decedents. The bill would permit a personal representative to file an affidavit to evidence the probate of a will in another jurisdiction.

The Committee also discussed Originating Bill 1 which would authorize current or senior status federal judges to preform marriages. The judges must reside in the state if they are to perform at weddings.

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

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