Blog – Page 146

Judiciary Committee Reviews Three Bills Related to Estate Administrations

House Committee

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February 4, 2019

Among the many bills the House Judiciary Committee discussed Monday, three were specifically referenced for the committee to look over.

These three bills relate to estates administrations as well as ownership of estates and each passed the committee and will be reported to the House without any amendments.

House Bill 2740 would bar a parent from inheriting from a child in certain instances. Currently, a parent who has had his or her parental rights terminated, may still inherit form their child. Further, a child may not inherit from a biological parent who dies interstate after his or her parental rights to said child have been terminated. This bill amends the definition of “parent” by adding a sentence that references the new section which bars a parent from inheriting from or through a child in certain instances.

The bill seeks to bar a parent from inheriting from a child if parental rights are terminated by court order and the parent-child relationship has not been judicially re-established or if the child died before reaching 18 and there is clear and convincing evidence that immediately before the child’s death, the parental rights of the parent could have been terminated under the law of this state for nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child. The bill also permits 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 2746 relates to administration of estates. The purpose of this bill is to allow the county commission to administratively close un-progressed or 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 provides for ancillary administration of West Virginia real estate owned by non-residents by affidavit and without administration. The bill simplifies the procedure by which West Virginia real estate property owned by nonresident decedents is probated.

Other bills passed by the committee are:

House Bill 2809 relates to prohibited acts and penalties in the Hatfield-McCoy Recreation Area. Currently, certain acts are prohibited as they relate to the Hatfield-McCoy Regional Recreation Authority. A person who commits one of the enumerated acts is guilty of a misdemeanor and upon conviction shall be fined not more than $100. Under this bill, people who do not remain within and on a designated and marked trail will be subject to a fine of not less than $1,000. Persons who do not remain within and on a designated and marked trail and cause damage to a landowners property or interfere with a landowners use of the property will be subject to a fine of not less than $2,000.

House Bill 2761 relates to modernizing the self-service storage lien law. West Virginia’s lien law was passed in 2001 and has not been updated since that time. This bill seeks to modernize West Virginia’s self-storage lien law to reflect technological advances and contemporary industry practices. The bill was heavily discussed and four amendments were added to it. Texting was added to the electronic messaging system of the bill, blanket immunity now only applies to someone acting in good faith in the storage unit, and a new subdivision creates additional requirements for the military.

House Bill 2647 is the self-storage limited license act. This bill establishes a limited lines insurance license to allow owners of self-service storage facilities to obtain a license to sell, solicit or offer self-service storage insurance coverage to occupants. The bill requires the insure issuing the self-service storage insurance to appoint a supervising entity to supervise the administration of the program including development of a training program for employees and authorized representatives of the owner who sell, solicit, or offer self-service storage insurance.

House Bill 2815 raises the value of goods or chattels that are taken in a larceny to constitute grand larceny. The purpose of this bill is to increase the monetary value of goods or chattels stolen to be considered grand larceny.

The Judiciary committee will meet again on Wednesday, January 4.

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Senate Bill 451 Passes the Senate

Senate Floor Session

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February 4, 2019

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After many days and hours of debate and deliberation, the Senate passed Senate Bill 451, comprehensive education reform, on Monday by a vote of 18-16. The bill was reported to the House of Delegates.

The 140-page bill introduces major educational reform for West Virginia. The legislation would introduce public charter schools, education savings accounts (ESA), a $250 tax credit for teachers buying supplies, 5 percent pay increase to teachers and service personnel, and a $500 bonus for teachers who miss less than 10 days during an academic year.

Some senators expressed concerns with public charter schools and education savings accounts.

The charter schools could be open in any school district, and is an op-in. Students and their families would have to apply for admission into a charter school, and would be first-come first-serve.

Education savings accounts would be open for 2,500 students who attend public charter schools in the state at any one time. Funds in the account can also roll over year to year. If a student enrolls in public school, then their ESA account would result in immediate suspension.

The Senate also passed 11 other bills, which include:

Senate bills 512 to 520 were also introduced.

The following committees will meet today:

Banking at 3:30 p.m. in 451M

Finance ten minutes after Banking in 451M

Judiciary ten minutes after Banking in 208W

The following committees will meet tomorrow:

Transportation at 10 a.m. in 451M

Health at 1 p.m. in 451M

Education at 2 p.m. in 451M

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House Government Organization Advances Four Bills

House Committee

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February 4, 2019

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The House Committee on Government Organization convened at 2 p.m. on Monday, Feb. 4 to consider four bills on the agenda.

House Bill 2528 would authorize the West Virginia Commissioner of Agriculture to employ a general counsel that would be necessary to perform the duties of the office.

House Bill 2528 was approved by the House Committee on Government Organization unanimously, and was recommended to the floor with the recommendation that it pass.

House Bill 2696 would create a naming convention to records lands owned by the state in an index system for easy cross-reference to county indexes. This would create an index system for attorneys searching for title information that would be specific to each county.

This new series of books would mostly serve to provide easily accessed information regarding state agencies whose names have changed. For example, information pertinent to the WV Division of Highways would also be made more accessible under the agency’s previous name, the State Roads Commission.

House Bill 2696 also approved by the House Committee on Government Organization unanimously, and was recommended to the floor with the recommendation that it pass.

House Bill 2601 was also advanced to the House floor. This bill would ensure the review and approval of state property leases by requiring two signatures and the review and approval of leasing of state property to nongovernment entities.

House Bill 2392 was also advanced to the House floor, a bill that would allow 1-day licenses to be issued by the Alcoholic Beverages Commission for charitable events. This would allow those who are hosting a charitable event to apply for a single day license to sell non-intoxicating alcohol, such as beer and wine.

Passes Two Bills on Third Reading, Memorializes Former Lawmaker

House Floor Session

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February 4, 2019

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The House of Delegates considered several pieces of proposed legislation, heard a memorial resolution for the late James M. Casey, and listened to several noteworthy remarks from delegates at 11 a.m. on Monday, February 4 in the House Chamber.

The House of Delegates first adopted and read aloud House Resolution 10, a resolution honoring the late James Michael Casey, who passed this past October.

James Michael Casey was honored for being a former member of the House of Delegates, as well as an active attorney. He was also a lobbyist, and an “advocate for his community”. The House honored him and his family, who were present to accept the resolution.

There were second bills on third reading on this day, the 27th day of the legislative session.

House Bill 2607 is a bill that would make certain technical changes to existing code regarding the licensure of nursing homes. It would change the language to revise the reportage requirements for licensed nursing homes in the state. The strike-and-insert legislation cleans up some language in the previous code in order to better specify the Secretary of DHHR’s administrative responsibilities, as well as specify the requirements of licensed state nursing homes as far as reportage goes.

The bill passed the House and was advanced to the Senate for further consideration.

House Bill 2612 would authorize the Secretary of the West Virginia Department of Health and Human Resources to update rules regarding the source water protection plans throughout the state. Currently, each public water utility is mandated to report the status of their water and a water protection plan to the state commission every three years. This bill would allow the timeframe of this reportage to be more flexible in order to give these water utilities more time to review the status of their water protection.

House Bill 2612 was unanimously passed as well, and advanced to the Senate for further consideration.

Bills on second reading that were advanced include Senate Bill 268, Senate Bill 269, House Bill 2004, House Bill 2420, House Bill 2666, and House Bill 2668.

House Bill 2420, another bill on second reading, was postponed for one day.

House Bill 2691 and House Bill 2779 were also read for the first time on this day.

Several Delegates made noteworthy remarks at the end of this House floor session.

Delegate Evan Hansen, D- Monongalia, spoke of his sponsorship of House Bill 2589. Hansen described this bill as a piece of legislation that would loosen energy restrictions on West Virginia companies, and allow the state to be more inclusive of companies utilizing solar energy.

“The fastest growing energy sector is that of solar energy,” Hansen said. “Like it or not, the world is changing. You can dig in your heels and keep making the current economy look like the economy has for fifty years, but I ask that you support all job options—not just the ones that have sustained us for the past century.”

Delegate Dianna Graves, R- Kanawha, made comments commending the bipartisanship within the House this legislative session.

“I’m impressed with how bipartisan we have been under the current Speaker,” Graves said. “Lifting all boats doesn’t work if half of us are left behind, so let’s keep this up.”

The House of Delegates is adjourned until 11 a.m. tomorrow, Tuesday, February 5th.

The following committees will meet today after the House Floor Session:

-The House Committee on Technology and Infrastructure will meet at 1 p.m. in 215-E.

-The House Committee on Finance will meet at 2 p.m. in 460-M.

-The House Committee on the Judiciary will continue their morning meeting at 2 p.m. in 410-M.

-The House Committee on Government Organization will meet at 2 p.m. in 215-E.

-The House Committee on Education will meet at 3 p.m. in 434-M.

-The House Committee on Fire and Emergency Medical Services will meet at 4 p.m. in 215-E.

The following committees will meet tomorrow before the House Floor Session:

-The House Committee on Agricultural and Natural Resources will meet at 8:30 a.m. tomorrow in 215-E.

-The House Committee on Industry and Labor will meet at 10 a.m. tomorrow in 215-E.

Senate Adopts Six Amendments for Comprehensive Education Reform Bill

Senate Committee

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February 1, 2019

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A total of six amendments were adopted to Senate Bill 451 following a brief recess Friday.

The second reading of the comprehensive education reform bill received a number of amendments with a select few being accepted by Senators. The series of proposed changes follow the adjournment of the committee on the whole Thursday, Jan. 31.

In addition to 451, 11 other Senate Bills were features on second reading and were advanced to third reading.

Prior to second reading, numerous bills were also featured during third reading with Senate Bill 4, which relates generally to the Municipal Home Rule Program, receiving a total of four amendments. Following the additions, members voted to pass the legislation.

Senate Bills 103, 233, 264, 270, 331, 332 and 390 were also passed with four of the bills becoming effective upon passage.

Senate Bill 103 relates generally to the Public Defender Service.

Senate Bill 233 relates to changing the age requirements for deputy sheriffs applicants.
Senate Bill 390 would require electric utilities to submit a series of feasibility studies when constructing and operating middle-mile broadband internet projects.

The Senate is adjourned until 11 a.m. Monday morning.

Judiciary Committee Reports Final Rules Bundle

House Committee

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February 1, 2019

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The Senate Committee on the Judiciary met for a quick meeting Friday afternoon to discuss Senate Bill 163.

Senate Bill 163, Bundle 3, is the final rules bundle to come out of the Committee. The bill consists of eight other bills relating to Department of Environmental Protection (DEP).

Senate Bill 163 modifies certain emission standards related to the DEP.
Senate Bill 160 would update ambient air quality standards for the state.
Senate Bill 161 would update the air pollutant standards for the state.
Senate Bill 162 would update air pollutant standards for hazardous waste.
Senate Bill 164 and Senate Bill 165 both repeal rules that are no longer needed for the DEP.
Senate Bill 166 would update regulations on removing hazardous waste.
Senate Bill 167 would update the requirements for the discharge of hazardous waste.

The rules bundle was approved by the Committee, and was reported to the Senate to be voted upon.

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House Judiciary Advances Criminal Offense Expungement Bill

House Committee

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February 1, 2019

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The Judiciary committee advanced a bill dealing with criminal offense expungement, expanding the Second Chance for Employment Act.

Senate Bill 152 relates generally to criminal offense expungement. This bill is an expansion on a bill that passed in 2017, Senate Bill 76. This previous bill only applied to non-violent misdemeanors. The current bill would add non-violent felonies to this statute.

This bill expands expungement of nonviolent felonies, sets a timeframe for expungement, and incorporates the governor’s “Jim’s Dream” program for second chance programs. The strike and insert bill will next head to the House Finance Committee.

The Judiciary Committee also reviewed House Bill 2321, which would allow workers compensation benefits for first responders diagnosed with post-traumatic stress disorder. The committee briefly discussed the bill and what it incorporated but decided it would be reviewed by a subcommittee.

The Judiciary Committee advanced House Bill 2365, which relates to the definition of employee for the purposes of unemployment compensation and worker’s compensation. This bill amends state code to standardize the “independent contractor” inquiry. This bill incorporates the 20 factor test, which is used by the IRS, into worker’s compensation and unemployment compensation cases. This bill next heads to the House floor.

Another bill the committee discussed was House Bill 2481. which would permit retail liquor licenses to sell alcoholic beverages from 10 a.m. to 10 p.m. on Sundays. This would only apply to beer and wine. The committee reported this bill to the House.

The Judiciary Committee also discussed House Bill 2686, which relates to permitting the Supreme Court of Appeals of West Virginia to create a family drug court pilot program. Currently, state code does not provide for Family Drug Treatment Courts.

This would permit family drug court programs and would only operate with abuse and neglect cases. This bill also establishes a state advisory committee, which would provide more local involvement in treatment courts. The bill passed the committee and was reported to the House.

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House of Delegates Passes Bill Relating to Social Security Benefits

House Floor Session

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February 1, 2019

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The West Virginia House of Delegates took up and passed a bill exempting Social Security benefits from personal income tax.

In Friday’s floor session, the House reviewed House Bill 2001. This bill relates to exempting social security benefits from personal income tax.

Delegates in favor of the bill stated that the elderly deserved this bill and that it would benefit our state as well as reduce taxes. Those who showed reluctance toward the bill were unsure of the how well it would actually benefit the state and warned that its consequences be monitored.

Other bills on third reading that passed the house include

· Senate Bill 27: Removes restrictions on where certain traditional lottery games may be played

· Senate Bill 255: Relates to emergency medical services advisory committee

· House Bill 2472: Relates to a reserving methodology for health insurance and annuity contracts

· House Bill 2476: Relates to the valuation of a motor vehicle involved in an insurance claim

· House Bill 2478: Modifies the Fair Trade Practices Act

· House Bill 2480: Relates to the regulation of an internationally active insurance group

· House Bill 2524: Permits a pharmacist to convert prescriptions authorizing refills under certain circumstances

· House Bill 2679: Relates to state issued identification cards

Bills appearing on second reading and advanced to third reading were:

· House Bill 2607: Relates to the licensure of nursing homes

· House Bill 2612: Proposes rules related to the completion or updating of source water protection plans

All bills on first reading were advanced.

Some delegates voiced their opinions and concerns over the omnibus education bill, Senate Bill 251, in Some delegates who spoke made it known that they are listening to the procedures happening in the Senate and are ready for the bill to enter the House.

The House of Delegates will reconvene 11 a.m. Monday.

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House Legislation Jan. 28 – Feb. 1

Hannah Graham

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February 1, 2019

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As of 4 p.m. on Friday, February 1, 2019, there have been 820 bills introduced in the House of Delegates. Of those bills, fifty-one have been passed by the House and have been advanced to the Senate for further consideration. Noteworthy Bills that passed the House This Week:

House Bill 2005 relates to the Broadband Expansion Act of 2019. The purpose of this bill is to provide a special method for valuation of certain wireless technology property for property taxes; establish Public Service Commission jurisdiction over make-ready pole access within the state; provide for the undertaking of a feasibility study involving broadband, and establish the West Virginia Small Wireless Facilities Deployment Act.

House Bill 2036 relates to permitting vehicles displaying disabled veterans’ special registration plates to park in places where persons with mobility impairments may park.

House Bill 2209 allows military veterans who meet certain qualifications to qualify for examination for license as an emergency medical technician.

House Bill 2547 relates to the election prohibition zone. This bill adds language to correct an oversight wherein the 300-foot distance was not reduced to the 100-foot boundary in this particular section.

House Bill 2600 relates to publication of sample ballots. The bill seeks to clarify the publication requirements and to provide a more cost effective system of publication.

Senate Bill 17 would allow for the option of psychological examinations to be available to certain criminals seeking parole in West Virginia. Currently, according to statute, those seeking probation must go through a series of treatments and studies. This bill would add the option of a psychological exam with the proper documentation to that list.

Senate Bill 119 would specify that documents prepared by a licensed health care provider for the purpose of improving the quality, delivery, or efficiency of health care is confidential, and is not subject to discovery in a civil action or administrative proceeding. Assessments, tests, procedures, and quality controlled documents would also be privileged information.

Senate Bill 272 is a bill that would update the code for the Committee on Special Investigations. This bill was passed unanimously by both the House and the Senate last year, but was ultimately vetoed by the Governor because of a defective title. This bill would clarify the procedures of interviews, presentation of evidence, and executive session for the Committee on Special Investigations. It also clarifies that the Senate President and Speaker of the House must be the chairs of these committees, and it establishes criminal offenses for obstructing the work of the commission.

House Bill 2083 would provide temporary state identification cards to recently released inmates that are West Virginia citizens. The state identification cards would be valid for 90 days, allowing recently released inmates to have time to go to their Department of Motor Vehicles and get a valid ID cards.

House Bill 2191 would allow licensed West Virginia Lottery operators to be also be licensed as lottery retailers in ten state locations. The bill would also remove restrictions on bill denominations accepted by limited video lottery terminals, and also fix the video lottery revenues at 50%. This bill also passed, and was voted to be effective from passage if it do pass.

House Bill 2514 would permit pawn brokers to voluntarily disclose if an item has been sold or pledged, as long as the pawn broker does not break confidentiality or give identifying information.

House Bill 2602 was additionally passed, a bill that would clarify that possession of stolen items is larceny under state law. According to statute currently, larceny is only applicable in instances where stolen items are transferred

House Bill 2407 relates to registered professional nurses.

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

House Bill 2510 relates to special funds of boards of examination or registration.

House Bill 2525 relates to the Tobacco Cessation Therapy Access Act

House Bill 2530 creates a voluntary certification for recovery residences

House Bill 2531 permits trained nurses to provide mental health services in a medication-assisted treatment program

House Bill 2559 requires a special report by the Division of Personnel

Senate Bill 28 is a bill that would remove the $200,000 limitation on the amount of a portion of hotel occupancy tax proceeds that a county commission or municipality may spend annually on emergency services.

Senate Bill 177 is a bill that would add a sunset provision and improve energy efficiency standards for commercial buildings.

House Bill 2324, a bill to allow licensing for auricular acupuncture in the state. This is a method of acupuncture used to draw out toxins from the ear. It is argued that this therapeutic model can be used by those working in substance abuse prevention fields to help relieve the side effects of drug withdrawal.

House Bill 2503 would amend a current statute that requires the state to pay for counsel for parents involved in abuse and neglect parents, even parents who aren’t at risk for losing parental rights. House Bill 2503 would require the DHHR to identify parents in state abuse and neglect cases as being “offending” and “non-offending”, and would therefore not require the state to pay for counsel to represent the non-offending parents in court.

House Bill 2521, a bill permitting the sale of fur-bearer parts, was also passed. This bill would allow for the legal purchasing, trading, and selling of animal male penis bones.

Bills Being Considered in the House:

House Bill 2679 is a bill that would allow West Virginia citizens to receive valid state identification cards with the option to opt out of a photo ID if it violates an individual’s religious beliefs.

House Bill 2070 is a bill that would make it legal for motorcyclists in the state of West Virginia over the age of 21 to ride or be a passenger on motorcycles without a helmet without repercussions.

House Bill 2452 would establish a cyber security framework within certain state agencies. This bill would allow the West Virginia Office of Technology to establish a Cybersecurity Office within their department to facilitate a software program to strengthen the cyber security checks within state agency devices. This bill would be applied to all state agencies except for institutions of higher education, the county board of education, the WV Legislature, and the WV Judiciary. Agencies would be subject to cyber security risk assessment, adherence to enterprise standards, and plans of action in the event of a cyber-attack

House Bill 2612 would authorize the Secretary of the West Virginia Department of Health and Human Resources to update rules regarding the source water protection plans throughout the state. Currently, each public water utility is mandated to report the status of their water and a water protection plan to the state commission every three years. This bill would allow the timeframe of this reportage to be more flexible in order to give these water utilities more time to review the status of their water protection.

House Bill 2651 is a bill that would require pharmacy benefit managers who contract within the state of West Virginia to inform covered customers if a cheaper drug is available to them. The bill would also require the pharmacy benefit manager to submit quarterly reports to the Public Employees Insurance Agency (PEIA) when applicable.

House Bill 2607 would revise the reportage requirements for licensed nursing homes in the state. The strike-and-insert legislation cleans up some language in the previous code in order to better specify the Secretary of DHHR’s administrative responsibilities, as well as specify the requirements of licensed state nursing homes as far as reportage goes.

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.

House Bill 2728 would establish West Virginia’s Municipal Home Rule Program as a permanent program, as well as make the program available to several other Class IV cities within the state. The Municipal Home Rule Pilot Program is currently in place within four cities in the state: Huntington, Charleston, Wheeling, and Bridgeport. The Pilot Program was developed by the West Virginia Legislature in 2007, but due to a sunset provision, the program has to be regularly renewed. House Bill 2728 would establish the program’s permanency, allowing the four cities already established and four new cities every year to utilize municipal home rule without the need for renewal. This program extends the legislative power of individual localities, allowing them to issue taxes and levies and pursue large scale municipal projects without going through state or federal government. Cities are able to issue new taxes, new projects, and even issue referendum votes as long as the laws passed do not violate any state or federal statute.

House Bill 2420 would establish a Mountaineer Trail Network Recreational Authority for the purpose of oversight. The bill would also limit the liability of landowners, set forth purchasing and bidding procedures, and provide for conflicts of interest.

House Bill 2363 is a bill to revise the reportage requirements of the Upper Kanawha Valley Resiliency and Revitalization Program. The bill would extend the length of the program by ending it on June 30, 2024 rather than 2021. The bill would also require the program to report to the Joint Committee on Government and Finance every October.

House Bill 2004 would encourage communication between those in public West Virginia high schools preparing to go into a technical field, and the community and technical colleges that offer those corresponding programs. The bill would facilitate the ability for students to earn credit toward licensure while they’re still in high school, making it a seamless transition into their technical programs.

House Bill 2515 is a bill that would exempt the sale and installation of mobility enhancing equipment for West Virginia citizens. Currently, healthcare providers are exempt from sales tax when it comes to the purchase and modification of medical equipment for the purpose of increasing a patient’s mobility. This bill would extend that tax exemption to West Virginia citizens who are subject to paying for the mobility enhancing equipment themselves.

House Bill 2490 would prohibit the Secretary of the Department of Health and Human Resources from proposing or enforcing any rules which prevent recreational water facilities from making necessary upgrades, renovations, or repairs.

Judiciary Committee Reports Two Bills to the Floor, Recessed Until the Afternoon

Senate Committee

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February 1, 2019

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The Senate Committee on the Judiciary met Friday morning to discuss two bills before the Senate Floor Session.

Senate Bill 109 would correct an internal code reference as a result of a bill passed in the 2016 regular session exempting certain persons from prohibitions against carrying concealed handguns or deadly weapons on the property of another.

Senate Bill 127 relates specifically to probation officers. The bill would authorize probation officers to preform alcohol and drug testing of litigants as directed by the circuit and family courts.

Both Bills were approved by the Committee, and were reported to the Senate to be voted upon.

The Committee is adjourned until later this afternoon.

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