Blog – Page 154

Department of Commerce Requests $14 Million for Tourism

House Committee

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January 21, 2019

Department of Commerce Requests $14 Million for Tourism

The West Virginia Department of Commerce requested an additional $14 million from the Senate Finance Committee Monday.

Tourism Commissioner Chelsea Ruby addressed the committee to explain the additional funding found within the fiscal year 2020 budget request would go directly towards state tourism.

“Hands down, the number one thing holding (state tourism) back is money,” Ruby said. “Advertising directly impacts how people see the state.”

The committee learned that additional funding would go toward five different categories with $10 million going toward brand promotions, $1.5 million for public relations, $500,000 for events and sponsorships, $500,000 for industry development and $1.5 million for state parks and recreation advertising.

If awarded the money, the state would still have a large gap of funding when compared to surrounding states. Currently, the state gains an average of $4.5 billion from travel spending while Pittsburgh sees $41.5 billion on average and Ohio gains $35 billion.

Ruby explained that despite a large request for additional funding, the state’s tourism industry is outpacing the national rate by 30 percent following four years of decline. Ruby cited statistics saying the state gained $4.3 billion from direct consumer spending and saw 36 percent more visitors than 2017.

“Since 2012, we’ve seen an increase in tourism growth,” Ruby said. “Numbers are definitely trending in the right direction.”

In total, the department is requesting $85,473,930 for fiscal year 2020.

Additionally, Sen. Corey Paulmbo, D-Kanawha, addressed the department to get an update about work going on between the state with China concerning potential investments.

Mike Graney, executive director of the West Virginia Development Office, addressed the senator and said that work is still going on with China for potential investments and huge possibilities that could arise within the year.

“China has made three visits to the state and currently have three active projects they’re working on,” Graney said.

The West Virginia Secretary of State also presented their budget proposal which includes $957,594 for general revenue, $4,342,243 for general administration fees and $1,003,611 for service fee and collection.

Judiciary Sends Cooperate Veil Bill to the Senate Floor

Senate Committee

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January 21, 2019

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The Senate Judiciary Committee met Monday afternoon to discuss two bills on the agenda.

Senate Bill 258 relates to piercing the cooperate veil for Limited Liability Companies (LLC). The bill would not allow “veil piercing” claims to be used to impose personal liability on a member or manager of a limited liability company. The bill nullifies the West Virginia Supreme Court of Appeals decision in Joseph Kubican v. The Tavern, LLC.

There was a discussion on real world applications of the bill if it would pass. The Committee wanted to ensure every member knew the implications, and how the bill would impact court cases in the future. Some senators expressed concern on not holding members of LLCs accountable.

The bill passed on a 12-3 roll call vote, and was reported to the Senate to be voted upon.

Senate Bill 264 relates to requiring courts to order restitution to crime victims. The bill would include the Crime Victim’s Fund as an entity which may obtain reimbursement from defendants for money given a victim.

The bill was approved unanimously, and was referred to the Committee on Finance.

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Judiciary Passes Four Bills, Rejects One

House Committee

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January 21, 2019

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The House Judiciary Committee passed four bills and rejected one measure, which dominated discussion in the Monday afternoon meeting, relating to pyramid schemes.

House Bill 2198 provides new amended definitions and language relating to pyramid promotional schemes. This bill was highly discussed and much confusion was found in the bill’s new definitions and context. After questions had been asked and all discussion was finished, the committee voted not to pass the bill. Those against the bill argued that it would allow pyramid schemes already in place to thrive and would provide scapegoats for new pyramid schemes. Delegates also argued the language in the new bill was confusing and ambiguous and that it was a solution searching for a problem.

The committee reviewed a total of seven bills. One of these, discussed very briefly, was House Bill 2527, which relates to forgery and other crimes concerning lottery tickets. The committee advanced the bill and reported it to the House floor.

House Bill 2509 relates to theft of a controlled substance. This bill only adds clarification and some additional language. The committee advanced the bill and reported it to the House floor.

House Bill 2319 creates a state-administered wholesale drug importation program. The committee looked over this bill and voted to move the bill forward as a resolution for further study and research.

House Bill 2083 provides an identification card for released inmates who do not have a West Virginia identification card. Without having an identification card, it can be very hard for inmates once they are released, to find a job or set up a bank account. These identification cards would be temporary for 90 days, this would allow the inmates to go to a DMV and get their license. The committee voted to send this bill to the House but first go to Finance for further discussion.

House Bill 2446 relates to the Blue Alert plan. This bill would establish a Blue Alert plan in West Virginia and it is similar to silver and amber alerts. This program is already codified in more than 30 states. The program is voluntary and in order for the alert to be initiated, an officer must be killed, critically injured, or missing. The committee passed this bill and reported it to the House floor.

The last item on the agenda was House Bill 2467, which relates to permitting nonresidents to obtain state licenses to carry a concealed and deadly weapon. This bill was not discussed by the committee and instead it was recommended to a sub-committee.

TH

House Committee on Technology and Infrastructure Discusses Helmet Bill

House Committee

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January 21, 2019

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A House committee debated at length a bill that would allow certain people to drive a motorcycle without a helmet but ultimately, laid the bill over to the next meeting.

The House Committee on Technology and Infrastructure met Monday to consider several bills. However, discussion on House Bill 2070 dominated the meeting.

House Bill 2070 would allow people in the state of West Virginia to operate a motorcycle without a helmet providing that they’ve held a motorcycle license for at least two years and are 21 or older. This bill proved to be contentious in the committee meeting, and generated a lengthy discussion on the parameters and implications of the legislation.

Bruce Martin, a director of the West Virginia Board of Risk and Insurance Management, presented information regarding the legislation.

Martin used Florida as an example of a motorcycle helmet repeal, citing the number of motor vehicle accidents decreased significantly after the state stopped requiring their riders to wear helmets.

Martin stood in strong support of the bill, arguing his data showed “people just ride safer without the helmet.”

His argument centered on the idea that when motorcyclists wear helmets, they feel invincible and are more likely to engage in reckless behavior. Additionally, Martin told the committee the majority of traumatic brain injury cases are whiplash-related — thus, implicating the helmet as a factor in causing the brain injury.

“You’ll find that in a lot of cases, these helmets, which add an extra five pounds on average, are actually causing traumatic brain injury due to whiplash,” Martin said.

Some delegates questioned Martin at length, mentioning concerns of costs to West Virginia Medicaid, increasing insurance premiums, and general safety concerns for people.

Delegate Michael Angelucci, D-Marion, argued the passage of the amendment could become costly to West Virginia Medicaid.

Also present to provide data was Jill Rice, the President of the West Virginia Insurance Federation.

Rice presented information that countered against Martin’s directly, citing the state of Michigan.

“After Michigan repealed their helmet laws, injury claims in the state went up twenty-two percent,” Rice said.

Rice stated that the use of a motorcycle helmet increased a cyclists’ chances to not suffer from traumatic brain injury by three times.

Due to the lengthy and contentious debate that House Bill 2070 generated, the bill was laid over until the next House Technology and Infrastructure Committee meeting. The committee adjourned, leaving the following two bills on the agenda to be laid over as well.

Senate Recognizes Down Syndrome Awareness Day and Leadership Berkeley

Senate Floor Session

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January 21, 2019

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The Senate voted unanimously on Monday morning to adopt Senate Resolution 11 which declared Jan. 21, 2019 as Down Syndrome Awareness Day.

The Senate also voted unanimously to adopt Senate Resolution 13 which recognized Leadership Berkeley for their continued service, dedication, and commitment to Berkeley County. Members of the organization were recognized and presented the resolution during a brief recess.

Senate bills 17, 61, and 119 all passed on third reading, and were reported to the House.

Senate Bill 17 relates to probation eligibility for people who have been convicted of certain sexual offenses. The bill would allow a psychological exam in instead of a psychiatric exam.

Senate Bill 61 would add certain crimes for which prosecutor may apply for wiretap. There was a discussion between Senator Romano and Chairman Trump over the definition of treason, and how a person could commit treason against the state of West Virginia.

Senate Bill 119 relates to specifying documents not subject to discovery in certain proceedings.

Senate Bills 355 to 385 were introduced and reported to the appropriate committees.

The following committees will meet today:

Natural Resources at 1p.m. in 208W

Banking & Insurance at 2p.m. in 451M

Finance at 3p.m. in 451M

Judiciary at 3p.m. in 208W

The following committees will meet tomorrow:

Transportation & Infrastructure at 10a.m. in 451M

Education at 2p.m. at 451M

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House Passes Two Bills

House Floor Session

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January 21, 2019

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The House of Delegates convened Monday for the 13th day of the Regular Legislative Session, passing two bills.

The House passed Committee Substitute for House Bill 2190, which would modify bail requirements. This would allow for the release of people with certain misdemeanors, providing that they appear in court on their allotted date.

“On average, these people with nonviolent misdemeanors are held on an average of six days,” said Delegate John Shott, R-Mercer, a lead sponsor of the bill. “This greatly impacts their ability to hold onto their jobs.”

The House also passed House Bill 2311, which would stop requiring full year reportage of short term merchant licensees. Currently, statute requires that those who receive a short term license for selling goods temporarily within the state have to report those taxes throughout the entire year. This bill would only require them to report those expenses until the fees are paid off.

Bills introduced Monday included House Bill 2532, a bill that would allow West Virginia citizens to make $3, $5, or $10 donations to the West Virginia 4-H Foundation, the West Virginia Farm Bureau Foundation, and/or the West Virginia Future Farmers of America Educational Foundation when they renew their driver’s licenses.

Two bills on second reading were postponed one day – House Bill 2008, relating to nonpartisan election of state Supreme Court justices, and House Bill 2193, which provides a specific escheat of U.S. savings bonds.

Bills advanced to the amendment stage were: House Bill 2195, which would create a sentencing commission within the state, and House Bill 2423, which would prohibit sex offenders from being in a supervisory position over children within the state.

The House will convene again tomorrow at 11 a.m. on Jan. 22 for the 14th day of the regular session.

Committees Meeting Today:

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

House Education Committee will meet at 2 p.m. in 432-M.

House Finance Committee will meet at 2 p.m. and 3 p.m. in 460-M for budget presentations.

House Judiciary Committee will meet at 2 p.m. in 410-M.

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

Committees Meeting Before Floor Session Tomorrow:

There were be a public hearing regarding House Bill 2010, relating to foster care, from 9 a.m. to 10 a.m. in the House Chamber.

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

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

The House Rules Committee will meet at 10:45 a.m. behind the House Chamber.

Judiciary Committee Advances Five Bills

House Committee

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January 18, 2019

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The House Judiciary Committee advanced five bills and decided not to take up one bill.

The first bill the committee reviewed is House Bill 2005, which is the Broadband Expansion Act for 2019. This bill is another step in aiding the deployment of reliable small wireless facilities and other next-generation wireless and broadband network. The bill was passed unanimously by the committee and reported to the House.

House Bill 2459 regards exercising authority to exempt individuals domiciled within the state from certain restrictions contained in federal law. This law was originally passed in 1996 and has remained ever since. It was accepted in Guam, Mississippi and South Carolina. Statistics show in 2016, this law would have been able to impact 2000 applicants that were denied, there were 1,300 that were denied in 2018.

The committee advanced the bill and reported it to the House.

House Bill 2462 relates to the authority for correctional employees and parole officers to carry and use firearms. This was originally a right of corrections officers but the section of code that allowed this right was at some point lost during legislation. The committee after only a few questions quickly voted on the bill to pass and be reported to the House.

House Bill 2412 relates to criminal acts concerning government procurement of commodities and services. This bill was not discussed in detail and after a few questions of counsel and speakers, the committee advanced the bill and reported it to the House.

Finally, the committee reviewed House Bill 2435, which authorizes attorneys general to prosecute violations of state criminal law recommended by the Commission on Special Investigations. This bill was heavily discussed amongst the committee and many questions were asked of counsel and speakers from the commission and a prosecutor. After the committee was done with questions voting on the bill was presented and the bill was passed with 14 for the bill and 11 against.

The Judiciary Committee will meet at 10 a.m. Monday.

TH

Senate Judiciary Discusses Committee Substitutes, Welcomes New Senator

Senate Committee

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January 18, 2019

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The Senate Judiciary Committee convened for a meeting 1:30 p.m. Friday, Jan. 18.

Members of the committee went over the committee substitute bundle for Senate Bills 224–230.

One of the bills, Senate Bill 225, concerns a Division of Labor rule relating to the regulation of heating, ventilating and cooling work. Senate Bill 229 is another rule bill relating to commercial whitewater rafting.

Following a motion by Majority Whip, Sen. Ryan Ward, R-Brooke, the committee unanimously voted to send the committee substitutes to the full Senate with the recommendation that they do pass.

The committee also reviewed technical changes made on Senate Bill 253 which would protect consumers from automatic purchase renewals and continuous service offers. Sen. Glenn Jeffries, D-Putnam, lead sponsor for the bill, said the committee substitute was created to make “minor technical changes (to the bill),” Jeffries said.

“(Automatic purchase renewal) was something that was brought to my attention last year. The more I spoke with people, the more I realized that this was something we need to look into,” Jeffries said. “Seniors don’t understand how these automatic systems work and we need to get a better understanding (of them) to make sure they know what’s happening.”

Ultimately, the committee unanimously agreed on the committee substitute and voted to send the bill to the full Senate.

Sen. Paul Hardesty, the new 7th District West Virginia Senate seat, was also welcomed to the committee.

Agriculture Committee Approves Six Bills, Referred to Judiciary

Senate Committee

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January 18, 2019

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The Senate Committee on Agriculture and Rural Development met on Friday afternoon to discuss six bills on their agenda that related to the Agriculture Commission.

The bills related to new regulations the Agriculture Commission would like to adopt; some bills include sunset provisions for the proposed pilot programs.

Senate Bill 195 relates to farmers and excess produce. The bill would allow farmers to donate produce to nonprofits. The farmers would then be given a tax credit for the amount of produce donated.

Senate Bill 196 relates to Agritourisim. The bill would define the definition as an “activity on a farm used for recreational activities.” The bill would also lay out the duties of farmers who choose to use their land for Agritourisim.

The Committee voted unanimously to approve the bills, and were referred to the Committee on Judiciary.

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House Passes Two Bills in Friday Floor Session

House Floor Session

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January 18, 2019

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The House of Delegates passed two bills in its Friday floor session.

The first bill the House passed was House Bill 2815, which is a bill relating to the removal of animals left unattended in motor vehicles. Currently in state code, there is nothing allowing average citizens to rescue animals unattended without negative repercussions. However, under this bill, certain officers and agents would be allowed to remove animals.

The bill passed unanimously with four members absent.

The House also passed House Bill 2307, which would allow the creation of provisional licenses for practicing barbering and cosmetology.

House Bill 2190, which modifies bail requirements, was advanced to third reading. Currently after reviewing all the circumstances, a court or magistrate is of the opinion that a defendant will appear as may be required, the magistrate may release that individual upon their own recognizance.

This bill adds a subsection which requires a magistrate, except for good cause show, to release the person charged with certain misdemeanor offenses on their recognizance. The House adopted an amendment, which says that within 10 days, a prosecutor could make a motion to the magistrate or circuit judge to set bond or to provide evidence of a person that would show good cause for them not to be released.

House Bill 2311 was also advanced to third reading. This bill exempts short-term license holders to submit information to the State Tax Commission once the term of the permit has expired. The amendment was a technical change to the language in a section of code included in the bill. The House adopted the amendment.

The House of Delegates will reconvene at 11 a.m. Monday, Jan. 21.

Committees Meeting Today After 11 am:

The House Committee for Judiciary will resume meeting at 1 p.m. today, Friday, Jan. 18 in 418M

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