Blog – Page 135

Energy Committee Passes Well Plugging Bill

Senate Committee

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February 21, 2019

The Senate Committee on Energy, Industry and Mining met Thursday afternoon to discuss just one bill on the agenda that related to abandoned oil and gas wells.

Senate Bill 541 would require money that results from the forfeiture of an oil and gas operator’s bond as a result of the operator’s failure to plug a well or comply with state statutes to first be applied to correct or mitigate an immediate threat to the environment.

After a long discussion over the implementation and impact of the proposed legislation, it was unanimously passed by the Committee and reported to the full Senate to be voted upon.

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Senate Advances 24 Bills on First Reading

Senate Floor Session

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February 21, 2019

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Numerous Senate and House Bills were featured on first reading during Thursday’s Senate floor session.

The hefty agenda comes before the Senate as the legislature approaches cross over day on Feb. 27.

Prior to first reading, six bills were passed by members of the body during third reading. Senate Bills 340, 344, 402, 510 and 635, in addition to House Bill 2324, will now be reported to the House for consideration.

When reviewing Senate Bill 635, Sen. William Ihlenfeld, D-Ohio, moved to amended the legislation on third reading. Following the Senator’s explanation of the amendment, which would ultimately move to charge individuals who trespass on the state’s coal mines with a felony, the body adopted the amendment and the bill unanimously passed.

If passed, the bill, which relates to coal mining activities, would be effective upon passage.

Senate Bill 613, which would require the DNR to include the election of organ donation on hunting licenses, was the only bill to be featured on second reading and received no amendments.

The body also recognized two resolutions prior to readings. Senate Resolution 55 recognized Mike Webb for more then 50 years of dedicated public service, while Senate Resolution 56 reaffirmed the sister-state relationship between West Virginia and Taiwan.

The following committees will be meeting today:

The Senate Energy Committee will meet at 1 p.m. in 208W.
The Senate Committee for Health and Human Resources will meet at 2 p.m. in 451M.
The Senate Education Committee 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 Finance Committee will meet at 9 a.m. in 451M.
The Senate Judiciary Committee will meet at 9 a.m. in 208W.
The Senate Committee for Natural Resources will meet half hour following floor session tomorrow in 208W.

Following recess, the Senate reconvened to read two bills for a first time.

Senate Bill 541 which would establish priorities for expenditures for plugging abandoned gas or oil wells.
Senate Bill 543 relating generally to automobile warranties and inspections.

House Education Advances Bill to Change School Start Dates

House Committee

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February 21, 2019

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The House Education committee convened at 9 a.m. on Thursday, Feb. 21 in 434-M to consider two pieces of legislation. One of these bills would change the effective start and end days for West Virginia K-12 public schools.

House Bill 2433 would mandate that schools in the state of West Virginia would start no earlier than Labor Day and end no later than Memorial Day. This bill would ensure uniformity with West Virginia start and end days, and guarantee the summer months off for students.

In order to make up snow days, the bill allows schools to either extend school day hours or offer a 5-day extension to the school year to compensate.

The Education committee overwhelmingly approved of the bill, but offered a number of amendments to House Bill 2433 to increase continuity and uniformity.

The Education Committee amended the bill to change the language regarding the bill’s effective date from 2020 to 2021.

Delegate Sean Hornbuckle, D-Cabell, moved to amend the bill as well. He suggested that the committee strike the words “Labor Day” and “Memorial Day” and replace the language with “September 1st” and “May 30th” respectively.

“Labor Day can be anywhere from September 1st to September 7th, given the year,” Hornbuckle said. “Same with Memorial Day. This change ensures that we give the schools a uniform date.”

The amendment passed unanimously. Delegate John Kelly, R-Wood, the lead sponsor of the bill, commended the change.

Hornbuckle also offered a second amendment up, one that was born from his conversations with parents and educators across Cabell County. The proposed amendment would change the school day requirement from 180 to 170 days.

“I did a little bit of research, and found that the top ten performing schools are in session for 165-180 days,” Hornbuckle said. “Meanwhile, the states that perform below us are in session for 180 days across the board. This shows that there’s no correlation between how many days our public schools are in session, and how well they do.”

While many delegates agreed with the amendment, many were concerned with the amendment’s ability to invite a veto to an otherwise foolproof bill.

Caleb Hanna, R-Webster, spoke in favor of the amendment.

“I think the people of West Virginia are going to love this,” Hanna said. “If the Governor vetoes this, he’ll have to answer to the people. This is a great amendment, quality shows much more than quantity.”

The amendment by Delegate Hornbuckle was adopted by the committee.

After a little debate centered around the paternalistic nature of the bill, the House Education committee advanced the bill to the House floor as amended with recommendation that it should pass.

The House Education committee also had a consideration of an originating bill to add a provision to current code. This provision would allow county Boards of Education to go into executive session. This originating bill was tabled by the committee.

The House Education committee will meet later again today to have a consideration of Senate Bill 1.

Transportation Committee Passes Inspection Sticker Bill

Senate Committee

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February 21, 2019

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The Senate Committee on Transportation and Infrastructure met Thursday morning for continued discussion over Senate Bill 543.

The proposed legislation would no longer make it mandatory for an annual motor vehicle inspection, but rather every two years. The bill would also allow used motor vehicles to be sold “as is” under certain circumstances. The used motor vehicle must follow these guidelines which include:

Custom modified vehicle
Used motor vehicle is:
- Seven years or older from the model date
- Has over 100,000 miles
- Must be sold at $2,500 or less

The bill also states that that an “as is” sale of a used motor vehicle waives implied warranties but does not waive any express warranties. The Committee unanimously approved the bill, and will be referred to the Committee on Finance.

The Committee also discussed Senate Bill 538 which would authorize the design-build program to be used for projects financed with bonds under authority of the Roads to Prosperity Amendment of 2017 with an obligation limitation of $350 million per project. The bill passed the Committee unanimously, and will be reported to the full Senate to be voted upon.

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House Finance Advances Pay Raise Bill

House Committee

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February 20, 2019

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The House Finance Committee advanced a bill that would provide an average 5 percent pay raise to State Police, teachers, and school service personnel.

The committee advanced House Bill 2730 in its Wednesday meeting. Later that day, the House took up the pay raise bill for immediate consideration and advanced the bill to second reading.

A public hearing is scheduled for Friday at 8 a.m. in the House Chamber regarding this bill.

The Finance Committee additionally took up and advanced two originating bills. One bill would create a Personal Income Tax Reduction Fund. The bill proposed an incremental reduction of personal income tax rates by 0.5 percent if certain conditions are met.

Another originating bill advanced out of committee would allow the West Virginia Department of Health and Human Resources to submit a waiver application to the Centers for Medicare and Medicaid Services to require certain able-bodied adults who receive Medicaid benefits to be employed or participate in a volunteer program for at least 20 hours a week.

Some delegates including Larry Rowe, D-Kanawha, voiced their concerns with the bill. Rowe’s biggest concern was that the bill would roll back Medicaid expansion. Rowe also was concerned about the effect the bill could have on local hospitals.

“This would make ineligible the majority of 150,000 people that Medicaid was expanded to cover,” Rowe said.

Delegate Joe Ellington, R-Mercer, supported the bill. Ellington told the committee it could take up to 18 months for the waiver to come through.

“This program will try to get people back into doing something productive so we can take them out of Medicaid,” Ellington said. “Expansion is not guaranteed forever. It can fail. If it fails, we have people who are not able to take care of themselves. If people work already, they will not be penalized. They can continue their education or volunteer.”

The bill was advanced to the House floor in a 14-9 vote.

The committee rejected a bill that would have extended the maximum period of confinement a judge could impose for certain first-time probationary violations.

The committee substitute would have increased the maximum period of confinement a judge could impose for certain first-time probationary violations from 60 days to six months and would have provided judges greater sentencing discretion for certain subsequent probation violations.

House Bill 2109 was reported to the Finance Committee on third reading. However, committee members rejected a motion to report the bill to the floor.

Judiciary Committee Rejects Bill Relating to Possession of Firearms

House Committee

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February 20, 2019

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The Judiciary Committee took up House Bill 3069 which relates to the right of certain persons to limit possession of firearms on premises.

This bill attempts to place in Code language borrowed from Texas, relating to securing firearms in cars at chemical plants and refineries. This effectively bars firearms in automobiles which are parked within the secured perimeter of such facilities. The committee spent time asking questions to speakers and to counsel to understand the bill fully, but ultimately it was rejected.

House Bill 3133 relates to requiring a parolee or probationer found to have suffered with addiction to participate in a support service. The bill seeks to require persons on probation or parole to participate in a support service for a minimum of 60 days. The bill will be reported to the House.

House Bill 2229 adds violations of law upon which a public servants retirement plan may be forfeited. The purpose of the bill is to redefine a public servants “less than honorable service” by identifying certain misdemeanor offenses related to a public servants office or committed while the public servant is employed that could cause the forfeiture of a participants retirement plan. The bill will reported to the House.

House Bill 2690 relates to guaranty associations. The bill seeks to update an article to maintain consistency with the National Association of Insurance Commissioners Life and Health Insurance Guaranty Association Model Act. The bill amends two provisions and will be reported to the House.

House Bill 2802 relates to Uniform Partition of Heirs Property Act. This bill seeks to prevent family wealth passed down through generations from being acquired by outside investors without first providing the family an opportunity to keep the land within their ownership and control. The committee asked multiple questions and after much discussion they finally passed the bill to be reported to the House.

House Bill 2718 requires purchasers of round wood to collect and maintain certain information. It provides that it is unlawful for any person or entity to purchase round wood without obtaining and recording certain information. This includes a photocopy of a valid license or timber license exemption issued by the Division of Forestry to the seller delivering the round wood, name and address of seller, and a complete description of the round wood purchased.

The bill was amended to take out “any person or entity” and replaced with “commercial purchaser.” The bill will be reported to the House.

House Bill 2864 increases salaries of magistrates, supreme court justices, circuit court judges and family court judges. The last pay raise for this group was in 2011. The committee substitute capped the salary of the Supreme Court Justices at $150,000.000 per year. The bill will be reported to the House.

House Bill 2497 relates to the whistle-blower law. The purpose of this bill is to extend or clarify protections under the states whistle-law. The bill places in Code language which provides additional protections to whistle-blowers and new protective language. The bill was reported to the House.

House Bill 2441 removes certain requirements related to wages for construction of public improvements. This bill removes the requirement that a public authority or employer file with the Division of Labor a certified payroll with respect to public improvements. The bill does require, though, that public authorities or employers file the physical address of employees. The bill was reported to the House.

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House Education Committee Discusses Community College Bill

House Committee

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February 20, 2019

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The House Education Committee met at 9 a.m. and then again at 2:30 p.m. today, Feb. 20, in 434-M. Two substantial education bills were on the agenda, both of which were discussed heavily. One of the bills was Senate Bill 1, a bill to increase access to the state’s community and technical schools.

Senate Bill 1 would create the Advanced Career Education (ACE) Program with the intention of fostering a connection between state high schools and community colleges, and it would also create the WV Invests Fund. The WV Invests Fund would fund the community college tuition of select WV students who qualify.

The House Education proposed a strike and insert amendment to the version of Senate Bill 1 at the beginning of the committee meeting that made several key changes to Senate Bill 1. These changes would include the requirement of the WV Chamber of Commerce to research and prepare a list of underserved industries in the state to ensure the proper programs are facilitated, and the addition of public baccalaureate institutions that offer associate programs.

The Chancellor of the Council for Community and Technical College Education, Sarah Tucker, was present to testify to the committee on behalf of Senate Bill 1.

“Students aren’t going to college because they’re scared of cost,” Tucker said. “These programs we put students through guarantee jobs. We start and stop programs based on workforce need.”

The delegates agreed that getting jobs for West Virginians in underserved industries was a necessity, but several were concerned with the implications the bill would have on four year schools.

After lengthy discussion, Senate Bill 1 was ultimately postponed. The House Education Committee will continue to consider the bill at their meeting tomorrow.

House Bill 3127 was also discussed at length on this day, and ultimately tabled for tomorrow as well.

House Bill 3127 would prohibit the denial of enrollment for home-schooled students to participate in secondary school extracurricular activities. Current statute allows home-schooled students to participate in curricular activities such as AP courses in high schools, but this bill would add the option for these students to participate in extracurricular activities as well.

The House Education Committee will continue their discussions of Senate Bill 1 and House Bill 3127 at 9 a.m. tomorrow, Feb. 21, in 434-M.

Judiciary Committee Approves Haven’s Law

Senate Committee

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February 20, 2019

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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.