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Five Bills Passed by the House of Delegates

House Floor Session

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February 12, 2019

The House of Delegates convened at 11 a.m. on Tuesday, Feb. 12 on the 35th day of the regular session of the 84th West Virginia Legislature. On this day, six bills were on third reading, five of which were passed.

Before the consideration of business, Delegate Cody Thompson, D-Randolph, made a motion to discharge House Bill 2733 from the table for immediate consideration. House Bill 2733 would add the terms “sexual orientation” and “gender identity” to the list of protected classes under the state Human Rights Act.

Delegate Thompson’s motion to remove House Bill 2733 was rejected, as was a following motion to discharge the bill from the House Committee on Industry and Labor. The bill remains tabled.

One of the bills on third reading was House Bill 2330. This bill would allow military veterans who have certain qualifications to qualify for examination for licensure in certain fields. If a service member obtains a MOS related to the fields of plumbing, HVAC operation, or fire safety installation, they can also opt to take the examination for state licensure without going through additional state training under passage of this bill. House Bill 2330 was passed unanimously.

House Bill 2405, a bill to impose a tiered tax on managed healthcare providers within the state. If passed, the tax would be applied at the beginning of fiscal year 2021. The intent of the bill is to maximize federal matching dollars for utilization in the state’s Medicaid program. House Bill 2405 passed as well.

House Bill 2468 was postponed for one day and will appear on tomorrow’s agenda for third reading.

House Bill 2674 would create a loan repayment program for mental health professionals who have worked in the state of West Virginia within an underserved area for at least five years.

Delegate Martin Atkinson, R-Roane, spoke in favor of the bill’s passage.

“This bill would give mental health providers a chance to live, work, and raise a family within our beautiful state,” Atkinson said. “This would increase needed mental health support for our students, teachers.”

House Bill 2674 was passed by the House of Delegates.

House Bill 2734 was also passed on this day, a bill that would expand the utilities that currently can apply to the WV Public Service Commission for special reduced rates for low income utility customers to include privately owned sewer utilities and combined water and sewer utilities. West Virginia individuals receiving TANF, Social Security, and other specific forms of government assistance would be eligible to apply for these reduced utility rates if this bill passes.

House Bill 2813 was an additional bill on third reading that was passed. This bill would facilitate the collection of West Virginia use taxes from out-of-state retailers that do not have a physical presence in the state but “have an economic nexus” within the state.

Bills on second reading that were passed without amendment include Senate Bill 18, Senate Bill 323, House Bill 2109, House Bill 2609, and House Bill 2647.

Senate Bill 61, a bill on second reading in the House, was amended by the House Judiciary Committee. They added a portion to the bill pertaining to the admissibility of evidence within state courts. The amendment passed unanimously.

Bills on first reading were also advanced on this day. Most notably, Senate Bill 451 was read for the first time on this day. It will be on second reading and go through the amendment process during tomorrow’s House Floor session.

The House of Delegates is adjourned until 11 a.m. tomorrow, Wednesday, February 13th.

Committees Meeting Today:

The House Committee on Political Subdivisions will meet at 1 p.m. in 215-E.
The House Committee on Energy will meet at 2 p.m. in 418-M.
The House Committee on Health and Human Resources will meet at 2 p.m. in 215-E.
The House Committee on Pensions and Retirement will meet at 4 p.m. in 460-M.

Committees Meeting Tomorrow Before Floor Session:

The House Committee on the Judiciary will meet at 9 a.m. tomorrow in 418-M.
The House Committee on Government Organization will meet at 9 a.m. tomorrow in 215-E.
The House Rules Committee will meet at 10:45 behind the House Chamber.

Senate Passes Anti-Hazing Bill, Reports Ten Other Bills to House

Senate Floor Session

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February 12, 2019

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The Senate convened Tuesday morning to discuss 12 bills that were on third reading and up for a vote.

Senate Bill 440 relates to anti-hazing laws. This legislation is a direct result of events that happened at West Virginia University in 2018. Five fraternities disassociated themselves from the University, and were subsequently banned from rejoining the University again for the next ten years.

Under current law, the anti-hazing law only relates to greek chapters that are a part of a higher education. SB 440 would amend the current code to include any students who are enrolled in a school of higher education, and are a part of a greek chapter, can be prosecuted for hazing. Whether or not a chapter is associated with a school or not.

Senate Bill 491 would extend the statutory deadline for the implementation of automatic voter registration in conjunction with certain Division of Motor Vehicles (DMV) transactions from July 1, 2019 to July 1, 2021. The DMV is in need of updating their system mainframe before they can implement the automatic voter registration. SB 491 would give the DMV more time to update their system mainframe.

The Senate also passed nine other bills including:

Senate Bill 13: Relating to distributions from State Excess Lottery Fund
Senate Bill 26: Permitting certain employees of educational service cooperatives participate in state’s teacher retirement systems
Senate Bill 442: Supplementing, amending, and decreasing appropriation to Insurance Commission
Senate Bill 443: Supplemental appropriation of federal moneys to DHHR divisions
Senate Bill 444: Supplemental appropriation to DHHR divisions
Senate Bill 452: Supplemental appropriation to Second Chance Driver’s License Program
House Bill 2191: Relating generally to limited video lottery
House Bill 2459: Exercising authority to exempt individuals domiciled within the state from certain restrictions contained in federal law
House Bill 2492: Relating to mandatory reporting procedures of abuse and neglect of adults and children

Senate Bills 574 to 589 were also introduced.

The Senate is adjourned until tomorrow at 11 a.m.

The following committees will meet today:

Health at 1 p.m. in 451M

Education at 2 p.m. in 451M

Government Organization at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

The following committees will meet tomorrow:

Energy at 10 a.m. in 208W

Agriculture at 2 p.m. in 208W

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House Committee on Tech and Infrastructure Discusses Road Woes

House Committee

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February 11, 2019

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The House Committee on Technology and Infrastructure convened at 1 p.m. on Monday, February 11 in 215-E to consider several pieces of legislation. After a brief recess, they also convened at 5 p.m. to continue their discussion. House Bill 2011, a bill to establish the Road Maintenance Program in West Virginia counties, was the central topic of discussion within the committee meeting.

House Bill 2011 would create a program in the state known as the Road Maintenance Program that would allow for and encourage a program in every district of the state to contract out with private contractors in order to perform road maintenance within that district. The WV Division of Highways and Legislative Auditor would oversee the efficacy of this bill if it were to pass.

The Road Maintenance Program would aim to solve for the abundance of road work projects delegated to the WV Division of Highways each year, and allow them to contract out services for projects that they don’t have the manpower or resources for.

A discussion regarding the bill’s ability to take work away from the state persisted throughout the committee meetings.

Delegate Daniel Linville, R- Cabell, spoke in favor of the bill for what it would do in regards to holding the state accountable for doing productive work on the roads.

“At the heart of this bill, it would be more beneficial to West Virginia citizens to get more bang for their buck.” Linville said. “If we encourage you to contract this work out, it would ensure all appropriations are spent.”

If House Bill 2011 passes, the Road Maintenance Program would allow districts to contract vendors out to do road construction, snow removal, and other applicable work if the WV Division of Highways fails to complete 90% of their targeted projects during the prior year.

Despite representatives from the Division of Highways arguing that the legislation is unnecessary because of the agency’s ability to currently contract out work, House Bill 2011 passed through the Technology and Infrastructure Committee unanimously.

Delegate Ed Evans, D-McDowell, spoke in favor of the bill, saying that something needs to be done about state roads.

“Those roads are awful. I lost a future son-in-law to the dangers of Route 52. Something has to be done, for the safety of our constituents.” Evans said.

House Bill 2011 was amended technically and was advanced to the House Government Organization Committee for a second reference.

Additionally, the committee had a consideration of House Bill 2472 and House Bill 2846, two bills that would allow for the creation of special registration plates in the state.

Both of these bills creating special registration plates were referred to the House Finance Committee for second reference.

House Concurrent Resolution 32 was also approved by the Committee unanimously. This resolution would request the Commissioner of the WV Division of Highways to increase the speed limit on the highways to 75 miles per hour, in areas where appropriate.

House Concurrent Resolution 32 was approved to be advanced to the House floor with the recommendation that it pass, but it first come to the House Committee on Rules for consideration.

Judiciary Committee Passes Right to Farm Bill, Reports Three Other Bills to Senate

Senate Committee

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February 11, 2019

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The Senate Judiciary Committee met Monday morning to discuss a right to farm bill; along with three other bills on the agenda.

Senate Bill 393 would protect the rights to farm. It would also protect agricultural operations from nuisance litigation if the facility has been in operation for more than one year. It provides language that an agricultural operation which has been in operation for a period of more than one year shall not be considered a nuisance, either public or private, as a result of any changed condition in or about the locality where the agricultural operation is located.

The proposed legislation was unanimously passed by the Committee and will be reported to the Senate.

Senate Bill 516 would to require the West Virginia Department of Health and Human Resources to make payment of attorney fees as allowed by law directly to the attorney instead of to the adoptive parent, in order to end acts of fraud. The bill also requires the department to make timely payment.

Senate Bill 518 would restrict the sale and trade of dextromethorphan, common in congestion medicine. The bill sets age limits. The bill defines a term. The bill establishes a penalty. People under the age of 18 could buy not buy dextromethorphan.

Senate Bill 563 would prohibit a victim in sexual offense prosecutions from being subjected to certain physical examinations.

The Committee approved all bills, and will be reported to the Senate to be voted upon.

Following the approval of SB 563, a committee member made a motion to suspend the rules of the Committee to immediately consider Senate Bill 391, which would add “sexual orientation” and “gender identity” to the categories covered by the Human Rights Act, prohibiting discrimination in employment and places of public accommodation, and report it to the Senate. The Committee voted 10-5 against the motion, but committee members from both sides agreed and suggested to the Chair the Committee takes under consideration SB 391 in the coming weeks.

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Judiciary Committee Holds Public Hearing for Campus Carry Act Bill

House Committee

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February 11, 2019

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The Judiciary Committee held a public hearing regarding House Bill 2519, the Campus Carry Act. To simplify the bill, would allow students on a college campus to have a concealed carry weapon. Many advocates for and against the bill from the state and local universities showed up to voice their opinions on the bill.

Advocates for the bill discussed how in other states there has been 50 percent reductions in crime on campus since the law was enacted. Many spoke as well about the importance of safety on campus and how dangerous it can be for young women to be on campus without being able to protect themselves. Advocates for the bill spoke about the violation it would be to American citizens 2^nd amendment rights, and how security on campuses cannot always be around when there is danger present.

“A girl attending Florida State University was raped at knife point not fifteen feet away from a blue light to call for help. I also have a granddaughter that was in college and she lived in a room alone and was often uneasy about being by herself. She had to walk to her car and back from classes alone and although Pepper spray is an option I do not believe it would have helped in a situation like that. That story about this young girl from Florida State is what made me realize how desperately we need this legislation and why campus’s need campus carry” said Sarah Akin.

Those opposed to the bill also brought strong counterpoints to the committees attention. West Virginia’s rate of suicide has gone up in recent years and young adults dealing with mental health issues and the experimentation phases of college risk taking their own lives with this law. The point was also made that funds would increase greatly by universities as well as hiring additional security and security measures installed on campus. Those opposed also brought up facts that young adults between the ages of 18-21 in college brains are not fully developed and drinking and partying could only lead to accidents or disaster.

“I believe campus carry could lead to more harm, especially among women and the LGBTQ+ community. Public colleges in Colorado were forced to allow campus carry and rape increased 36 percent. As a survivor of sexual assault on campus I am disgusted that previous and current students are being used to advance a political agenda. Its clear that an increase in guns on campus doesn’t lead to a reduced rates on women and the queer community” said Ash Bray.

The committee will look at the bill in depth.

During committee earlier today the committee passed House Bill 2486 this bill relates to using criminal records of criminal conviction to disqualify a person from receiving a license for a profession or occupation.

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House of Delegates Passes Computer Science Instruction Bill

House Floor Session

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February 11, 2019

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During the floor session of the House of Delegates today Senate Bill 267 was passed. Senate Bill 267 is a bill that requires State Board of Education adopt a policy detailing level of computer science instruction. The bill also requires the Department of Education to develop and offer professional development opportunities to ensure educators are equipped with the requisite knowledge and skill to deliver computer science instruction. The bill authorizes the Department to partner with high-quality computer science professional learning providers in developing and offering the professional development opportunities.

Additional Bills that passed third reading include:

· House Bill 2365, clarifying the definition of an employee for the purposes of unemployment compensation and workers compensation.

· House Bill 2583, Family Planning Access Act

· House Bill 2661, relating to natural gas utilities

· House Bill 2809, relating to prohibited acts and penalties in the Hatfield-McCoy recreation area

All additional bills on second and first reading were advanced as well.

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House Committee on Government Organization Has a Brief Consideration of Two Bills

House Committee

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February 11, 2019

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The House Committee on Government Organization convened at 2 p.m. on Monday, Feb. 11 in 215-E to consider two bills. The committee advanced both House Bill 2881 and House Bill 2716.

House Bill 2881 is very similar to a piece of legislation that re-registered and changed the color scheme for state registration plates. The purpose of this bill is to provide for a change of the color scheme for county and municipal vehicle registration plates. House Bill 2881 would require all municipalities to obtain a new title certificate, registration certificate, and registration plate for all vehicles prior to January 1, 2020 and will require renewal every two years.

House Bill 2881 was approved unanimously by the Committee, and was advanced to the House Committee on Finance for a second reference.

House Bill 2716 was also considered by the committee, a bill to update motorboat equipment requirements in the state of West Virginia.

The bill, which mirrors federal code regarding motorboats, establishes in code what lighting requirements and boat class regulations are pertinent in West Virginia waters.

The bill was passed unanimously, and was advanced to the House Floor with the recommendation that it pass.

Senate Reviews 11 Bills on Third Reading

Senate Floor Session

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February 11, 2019

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Nine Senate Bills and Two House Bills were featured on third reading, 11 a.m. Monday, Feb. 11.

Of the 11 bills, all passed following votes from the Senators. The proposed Senate legislation featured:

Senate Bill 14 which would create the WV Farm-to-School Grant Program.
Senate Bill 19 relating to the Senior Farmers Market Nutrition Program.
Senate Bill 317 which would authorize three or more adjacent counties form multicounty trail networking authority.
Senate Bill 352 relating to the Division of Corrections and Rehabilitation acquiring and disposing of services, goods, and commodities.
Senate Bill 408 which would determine indigency for public defender services.
Senate Bill 496 which would transfer the authority to regulate milk from DHHR to Department of Agriculture
Senate Bill 499 which would amend WV tax laws to conform to changes in partnerships for federal income tax purposes.
Senate Bill 542 relating to registration fees for military-related special registration plates.

Members also passed Senate Joint Resolution 5, which would create clarification of the Judiciary’s Role in Impeachment Proceedings Amendment. Sen. Charles Trump, R-Morgan, explained that if adopted, the resolution would amend a single section of code and add new language which would apply additional terms concerning impeachment proceedings.

Following review of Senate legislation, Sen. Tom Takubo, R-Kanawha, motioned to lay over House Bill 2191 prior to the passage of House Bill 2307.

Two resolutions were also passed during Monday’s floor session with Senate Resolution 36 recognizing Bethany College on the 179th anniversary of its charter, and Senate Resolution 37 congratulating John Cobb Jr. for being named the WV Outstanding Tree Farmer for 2019. Multiple Senators rose in support of the resolutions prior to their passage.

Following third reading, 11 bills were featured on second reading; of the 11 pieces of legislation, Senate Bill 13, relating to distributions from the State Excess Lottery Fund, House Bill 2459, which would exercise the authority to exempt individuals domiciled within the state from certain restrictions contained in federal law, and House Bill 2492, relating to mandatory reporting procedures of abuse and neglect, received one amendment each.

Senate Bills 564 though 573 were also introduced.

Senate Bill 566 relating to compensation for State Athletic Commission members.
Senate Bill 570 which would allow for contracts without bids for construction, demolition, or rehabilitation resulting from declared state of emergency.

The following committees will meet today:

The Senate Committee for Natural Resources will meet at 1 p.m. 208W.
The Senate Committee for Banking 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 Transportation and Infastructure will meet at 10 a.m. in 451M.
The Senate Committee for Health and Human Resources will meet at 1 p.m. in 451M.
The Senate Education Committee will meet at 2 p.m. in 451M.

House Education Advances Senate Education Bill

House Committee

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February 8, 2019

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The House Education Committee advanced a Senate education bill after making several changes to the original version.

The committee continued its third day of discussion on Senate Bill 451, hearing from agency and school representatives and adopting several amendments before legislators adopted the proposed strike-and-insert amendment and advanced the bill in a 15-10 vote. The bill now heads before the House Finance Committee.

The Senate passed the bill earlier this week following days of debate and deliberation. The measure, as passed by the Senate, introduced public charter schools, Education Savings Accounts (ESAs), a $250 tax credit for teachers buying supplies, a 5 percent pay increase to teachers and service personnel, and a $500 bonus for teachers who miss fewer than 10 days during an academic year.

Charter schools would be open in any school district and would be opt-in. ESAs would be open for 2,500 students who attend public charter schools in the state.

Several aspects of the Senate’s version of the bill were changed in a proposed strike-and-insert amendment presented in the House Education Committee.

The House Education Committee adopted an amendment that eliminated Education Savings Accounts, or ESAs, from the bill.

The strike-and-insert also limited the amount of charter schools. Originally, the committee proposed a pilot program of two schools—an elementary school in Cabell County and an elementary school in Kanawha County. However, the committee later adopted an amendment that kept the limit of two charter schools but broadened it to be two statewide instead of from Kanawha and Cabell counties.

The strike-and-insert removed virtual charter schools from the bill, changed the implementation date of establishing charter schools to July 2020. The strike-and-insert also would add a severability clause and removed a provision that would require unions to get written permission from members before spending membership dues on political causes.

The committee considered several amendments Friday evening. Following its initial rejection, an amendment was brought back up for consideration regarding work stoppages. The amendment, which was adopted the second time, would remove a section where county boards would withhold pay during a work stoppage.

Another amendment the committee adopted would have a majority of employees in a school proposed for a charter school and the majority of parents or guardians of kids that would go to that school to approve converting to a charter school.

Another amendment the committee adopted required charter schools to guarantee enrollment to all students previously enrolled in a public school and to guarantee enrollment for all students residing in that school’s attendance area.

The committee additionally approved amendments dealing with seniority, establishing and funding at a minimum of $5 million for School Innovation Zones, and an amendment that stated no elected official could profit or receive monetary consideration from charter schools unless the elected official is employed at the school before its conversion.

The committee rejected several amendments including one that would void the entire bill, an amendment to double the tax credit from $250 to $500 for supplies, an amendment calling for an education adequacy cost study, and an amendment to increase the annual bonus from $500 to $2,000 for teachers who don’t use more than four personal days.

Two public hearings on Senate Bill 451 are scheduled for Monday in the House Chamber – one taking place at 8 a.m. and the other at 5:30 p.m.

Judiciary Committee Passes Banking Services for Medical Cannabis Bill

House Committee

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February 8, 2019

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The Judiciary Committee looked through assorted bills Friday, one of which related to providing banking services for medical cannabis act.

House Bill 2538 seeks to provide banking services for services provided under the West Virginia Medical Cannabis Act. Currently, there are no existing laws regarding banking services for medical cannabis. Many other states use some form of banking services, but all are protected from federal law in regards to this type of legislation. The bill will be reported to the House.

Other bills voted on by the committee include.

· Senate Bill 377 relates to minimum wage and maximum hour standards. Currently, seasonal employees of recreational establishments are not exempt from overtime laws. West Virginia Code does however already contain numerous exceptions to the definition of “employee” for the purposes of minimum wage and maximum hours laws that are “seasonal” in nature including legislative per diem workers and seasonal employees of commercial whitewater outfitters.

This bill excludes any seasonal employee of an amusement park who works for the park for less than seven months in any calendar year from the definition of the term “employee” for the purposes of the Minimum Wage and Maximum Hours Standards Law. The bill also adds a definition for “amusement park.” The bill was reported to the House by the committee.

· House Bill 2709 relates to hunting licenses. This bill exempts the names, addresses and other contact information of hunting license holders from disclosure under FOIA requests. The new subsection to the bill provides, however, that the records shall be available to all law-enforcement agencies and other governmental entities authorized to request or receive such records. This bill was reported to the House by the committee.

· House Bill 2715 relates to Class Q special hinting permits for disabled persons. Under current state law a person who is permanently disabled in the lower extremities may obtain a Class Q permit statewide hinting permit to hunt all legal species of fame during the designated hunting seasons from a motor vehicle. Current law requires a licensed physician to certify the Class Q applicants’ permanent disability. This bill expands the conditions of permanent disability for which an individual can obtain a permit.

There was also an amendment the committee unanimously rejected that was left unchanged in the committee substitute until further research unhinged it. The amendment stated that along with physicians, licensed chiropractors could also sign off on disability forms. However, it was revealed that the state does not allow chiropractors to sign off on disability therefore the committee rejected the amendment. The bill was reported to the House.

· House Bill 2579 relates to the collection of tax and the priority of distribution of an estate or property in receivership. West Virginia currently holds trustees, receivers, administrators, executors or persons charged with the administration of an estate personally liable for taxes accrued and unpaid under Article 10 of Chapter 11. The bill seeks to clarify conflicts within the code and create uniformity relating to the collection of taxes, the priority of distribution of an estate and to limit the liability of a fiduciary charged with distribution of the estate. The bill was passed by the committee and reported to the House.

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