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Judiciary Committee Advances Five Bills

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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

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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

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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.

RA

House Passes Two Bills in Friday Floor Session

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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

-TH 

House Legislation Jan. 9-18

As of 4 p.m., Friday, January 18, 2019, the tenth day of the first regular session of the 84th Legislature, 522 bills have been introduced in the West Virginia House of Delegates. Of those bills, eight have passed and have been sent to the Senate for further consideration.

House Bill 2164 would establish that each party heard in a West Virginia lower court would have the right to be heard and receive a document based on merits of appeal. This bill would require The West Virginia Supreme Court of Appeals to provide the option for heard parties to receive a written, meaningful review of merits.

House Bill 2351 aims to streamline PEIA authorization documents. House Bill 2351 would establish an objective guideline for forms and deadlines that PEIA, managed care organizations, and private commercial insurers would abide by when it comes to prior authorization.

House Joint Resolution 5 would make it possible in the state of West Virginia to list manufacturing equipment as a tax exemption.

House Bill 2028 would limit supervision of laying lines on state rights-of-way. Currently, it is required that a state engineer must be present when a public service district lays water or sewer lines on state rights-of-way. Under the proposed bill, an engineer would not be required to be present for the full construction time. They would just be involved with initial and periodic inspections as well as inspection upon conclusion of the project.

House Bill 2038 relates to the procedure to determine if an occupation or profession should be regulated. This bill says that if an unregulated occupation or profession in this state is regulated in less than 25 other states the proposal to regulated should be prohibited unless it is demonstrated that West Virginia is unique should be regulated. This bill also provides that the Legislative Auditor review the licensing of professions or occupations every 5 years and recommend sun setting the regulation if fewer than 25 states in the United States license and regulate that occupation or profession, unless it is demonstrated that the State of West Virginia is unique and should be regulated.

House Bill 2128 would allow state employees to take paid leave to attend parent-teacher conference for their children. Employees are eligible each year for less than four hours of paid leave during normal work hours and no more than two mutually-scheduled conferences per child. The time taken will not be stricken against an employee’s annual or sick leave benefits.

House Bill 2183 would clarify where a charge of DUI may be brought against an individual. Currently a DUI can be, statutorily, enforced against individuals operating a vehicle upon the roads of the state. This bill adds language that clarifies that DUIs may only be assessed against individuals operating a vehicle upon public highway or private road. It also adds that “private road” does not include private roads in any circumstances where the operator or driver is operating the vehicle on his or her own property and has not left, or does not intend to leave, said property to drive upon any public highway. This is intended to allow a driver to be arrested for a DUI if he or she has entered a parking lot or driveway or is about to leave a parking lot or driveway, but not under any other circumstances.

House Bill 2185 relates to the removal of animals left unattended in motor vehicles. This bill allows an officer or “agent” to remove an animal from a vehicle with proper cause if they believe the animal is serious, life threatening danger or is in extreme suffering, physical injury, or deceased. The agent must leave a written notice in a secure and easily seen location on or in the vehicle bearing the officers name, title, and the address of the location where the animal may be retrieved. The owner may only retrieve it after all charges that have accrued for the maintenance, care, medical treatment, and impoundment have been paid or a payment plan have been made.

House Bill 2307 relates to creating a provisional license for practicing barbering and cosmetology. This would remove the requirements to take an examination for a license to practice barbering and cosmetology in this state, by an applicant with a valid license from another state. The bill provides the board may issue a provisional license to an applicant with an expired license and authorizes the board to set the applicable fees for a provisional license and shall not exceed half the cost of a full license.

House Bill 2203 would move the administration and registration process for contractors from the West Virginia Division of Labor to the jurisdiction of Chapter 30 of the Code of West Virginia. This would put West Virginia contractors under the same umbrella as other licensed state professionals such as architects and physicians. Contractors in West Virginia, under this bill, would have to follow licensing procedure similar to that of the forty-one occupations covered under Chapter 30 of the code. Contractors would be required to annually renew their licenses, report to an executive board, and have a certificate with a seal displayed openly in order to be a licensed contractor within the state.

House Bill 2077 would establish penalties in the state of West Virginia for smoking in a vehicle with a child under the age of eight present. This bill would make smoking with a child present a secondary offense, punishable by a fine of up to $25.

House Bill 2319 is a proposed new section to the Code of West Virginia that would permit the Bureau for Medical Services to create a wholesale importation program, where the state of West Virginia would be able to import more affordable pharmaceuticals from Canada available to West Virginia citizens for purchase.

House Bill 2347 would require the Secretary of the Department of Health and Human Resources to either improve significantly or build new facilities at two hospitals in West Virginia. Hopemont Hospital in Terra Alta, WV, and Jackie Withrow Hospital in Beckley, WV, would be improved upon or added to under this bill. They would be made better equipped to provide long term care and substance abuse treatment to those in the state in need.

House Bill 2311 is a proposed revision to how West Virginia citizens with short term licenses would have to report to the State Tax Commission. Currently, people in the state who receive a short term merchant license to sell beer, fireworks, or other miscellaneous merchandise can get a short term, 90-day license to sell these items. After their license has expired, these temporary merchants have to fill out tax information for the remainder of the fiscal year. This bill would stop requiring short-term licensees to fill out tax paperwork after their term is over and after they’ve paid all of their required fees.

House Bill 2346 revises the licensure requirements for state casino workers. This bill would allow certain casino workers, such as service workers, to opt for a registration rather than a license.

House Bill 2036 would allow vehicles with disabled veterans’ special registration plates park in spaces reserved for people with mobility impairments. This would allow those with disabled veterans’ stickers or plates to use those stickers and plates as an equivalent to the usual blue handicap signs.

House Bill 2209 is a bill that would allow military veterans who have certain qualifications to qualify for examination for licensure as an emergency medical technician. If a service member obtains a Military Occupational Specialty (MOS) in a field related to that of emergency medical technician or combat medic, they can apply to test for an emergency medical technician license in the state of West Virginia. If they pass the examination, these individuals would not have to go through additional state training.

House Bill 2223 would allow military personnel stationed in the state of West Virginia to be recognized as citizens of the state in order to obtain a concealed carry permit. Current statute requires those in the state of West Virginia to be citizens of West Virginia, and this bill would allow those stationed in the state to be recognized under this.

House Bill 2330 is similar to House Bill 2209, but the occupations it would work to legislate for differ. 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.

Senate Welcomes Hardesty

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The Senate welcomed Sen. Paul Hardesty to the 7th District West Virginia Senate seat, in Friday morning’s floor session.

Hardesty was appointed to the seat following Sen. Richard Ojeda’s resignation on Jan. 10.

The Senate also discussed Senate Concurrent Resolution 11 which seeks to address the crumbling infrastructure around the state.

The resolution was unanimously adopted following the passage of Senate Bill 272 which updates code relating to the Commission on Special Investigations.

During the floor session, the Senate also passed Senate Bill272, relating to updating the code relating to the Commission on Special Investigations.

The Senate also introduced Senate Bills 343-353.  Senate Bill 343 relates to the review and approval of state property leases.  Senate Bill 350 would define terms to assure correctional officers are considered law-enforcement offices.

The Senate is adjourned until 11 a.m. Monday, Jan. 21.

The following committees will meet today:

·         The Senate Committee on Agriculture and Rural Development will meet at 12:30 p.m. in 208W

·         The Senate Committee on the Judiciary will meet immediately following the Agriculture and Rural Development committee.

The following committees will meet Monday:

·         The Senate Committee on Banking and Insurance will meet 2 p.m. in 451M.

 

New Session, New Leaders Emerge

“We Have Arrived”

House Majority Leader Amy Summers, didn’t initially picture herself as a delegate or even getting into politics.

Summers, a Republican from Taylor County, works as an ER nurse and lives on an Angus cattle farm. Her father was involved in politics, serving as the Grafton mayor and chairman of the Republican party.

“My dad actually ran for the House of Delegates and lost. He passed away before I got into office. Many people who knew him said he would have been so proud. But no, I didn’t see myself as a delegate. I always had an interest in it and I wasn’t happy with the way things were. I thought I had to do something.”

She was first elected to the House in 2014 and this year, became the first Republican woman to serve as majority leader. When he selected Summers as majority leader, House Speaker Roger Hanshaw, R-Clay, said of her, “Having worked with Amy the past four years on the Judiciary Committee, I’ve seen firsthand the reasoning and tenacity that will help her excel as majority leader.”

“I want to work closely with the speaker,” Summers said. “We are united as a caucus to pass legislation that makes people’s lives better in West Virginia. That’s what we’re focusing on. We are focusing on broadband, foster care, education. We are going to try new things because what we’re doing is not good enough.”

With her background in health, Summers’ passion has been in health care legislation. This is one of the reasons why although the majority leader traditionally serves on the Finance Committee, Summers wanted to continue her role in Health and Human Resources. “That’s where my knowledge base is,” she said. “I want to be somewhere where I will make the most impact.”

Summers has been involved in American Cancer Society initiatives and was part of the “ban the tan” legislation to prohibit teens from using tanning beds.

“We’ve expanded a lot of health care in West Virginia since I’ve been here,” she said. “We have worked with telemedicine so people can call if they can’t get out to a doctor. It makes it difficult when you don’t have wireless but we are working on broadband too.”

Summers also mentioned Sen. Patricia Rucker, R-Jefferson, who was selected to lead the Senate Education Committee. Rucker is the first Republican woman to lead this committee.

“We have arrived,” Summers said. “We are being considered as equals to lead this team.”

“My experience in my four years is that women are respected in our caucus,” Summers added. “In my experience, women are treated equally and are well respected. That is a reflection on this institution and the people elected.”

Summers praised Rucker’s selection for the committee.

“We’ve been told we don’t have the workforce and what are we going to do to educate people in this state,” Summers said. “I’m proud of her and she’s going to do an excellent job.”

Boley will be the longest continuous serving senator come May and at one time was the Senate Minority Leader for three straight Legislature’s. PHOTO: Will Price

Sen. Donna Boley, R-Pleasants, also said she was excited to see Rucker selected to chair the Education Committee.

“Patricia will do a great job as education chair,” Boley said. “It’s great to have her here.”

Boley has seen much change since she was first appointed to the West Virginia Senate in 1985.

Boley is the president pro tempore. She previously was the minority leader in the 70th, 71st, and 72nd Legislatures and at one point in time was the sole Republican in the Senate.

“When I came in, there were about four or five Republicans—all guys,” Boley said. “The Democrats had some—maybe seven or eight women in the Legislature. … It later went down to where I was the only Republican woman.”

Boley, like Summers, didn’t picture herself in the Legislature. She previously was chairwoman of the Republican Party in Pleasants County. After the governor appointed a state senator to fill a circuit judge vacancy judge in Pleasants County, Boley found herself on a short list of possible replacements to fill the Senate seat. And the rest is history.

“As of May 14, I will have been here 34 years,” she said, noting by that time, she will be the longest continuous serving senator.

Boley served on the judiciary until she became minority leader in 1991. She likes serving on the Finance Committee but says sometimes she misses Judiciary.

“Judiciary is a hard committee but you learn a lot from it,” she said, later adding. “I like Finance, though. You see where the money goes.”

Boley, who is the chairwoman of the Confirmations Committee, said a goal is for the committee to meet more often.

“Sometimes, we would go six months without a meeting or approving someone,” she said. “Then, the minute you go back in session, you have to approve them. … We need to have more meetings so if we have problems, we can let the governor know in case he needs to withdraw one.”

For Boley, her favorite part about being a senator isn’t necessarily introducing or passing legislation. Her favorite part is helping constituents. She recalled various phone calls she’s received about issues affecting people back home, including issues with water lines or roads.

“These are the things I like to do,” she said. “I like helping constituents. Sometimes, they don’t know where to go so I like to help them.”

Summers feels the same way, whether she’s working in the ER or in the Capitol.

“I get my most joy when I go to work in the ER,” she added. “I get to make a difference in someone’s life that day, help them cope with a crisis and make them feel better. That brings me joy—changing people’s lives here and in the ER.”

House Finance Committee Hears WV Supreme Court Budget Presentation

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The House Committee on Finance heard a budget presentation from the West Virginia Supreme Court of Appeals for the first time Friday morning.

This is the first budget hearing from the state Supreme Court since the passage of Constitutional Amendment 2, which allows for legislative oversight over how the state Supreme Court spends its money.

Chief Justice Beth Walker presented the court’s budget for the 2020 fiscal year, which was held constant with Gov. Jim Justice’s budget recommendations.

Walker first gave the committee an outline of how the court system in West Virginia operates with a detailed list of employee numbers across the state courts for the fiscal year of 2018. Personal services make up 80 percent of the court’s budget. The appropriations for the fiscal year of 2019 equaled about $139.9 million.

Walker proposed her budget for the fiscal year of 2020, which requests $131,150,000 in total general revenue. Most of this will be used to pay employees within the Court, and help establish guardian ad litems, guardians, and mental hygiene commissioners throughout the state. A chunk of this will also be used to help provide the computer equipment needed to counties implementing the new CourtPLUS e-filing software, which is due to be fully implemented within the state by 2021.

Walker also unveiled the new financial policies that the West Virginia Supreme Court will be utilizing this year to increase transparency for the agency. These new policies include more oversight over travel and use of state vehicles, the acceptable use of court information systems, and purchasing cards to track fixed court assets.

“We see this presentation as the beginning of the partnership between the judiciary and the legislative body of this state,” Walker said. “We want the public to be confident that we’re being transparent and straight-forward.”

A lot of the delegates’ questions focused on the possibility of an intermediate court in West Virginia. The current budget doesn’t account for the existence of one. Senate Bill 2, a major piece of legislation for this session, would create an Intermediate Appellate Court for the state. This would help to alleviate the case load on the existing state courts.

Although West Virginia Supreme Court has not taken an official position on the proposed bill, Walker briefly addressed the subject in the budget hearing.

“The state constitution has vested the power within this body of government to decide if this is what’s best for the state,” Walker said. “We do want to be a part of the conversation if it does pass.”

A major concern for the West Virginia Supreme Court is the alarming increase of abuse and neglect cases that their court sees. Walker stated that out of the 937 cases filed in the past year, the vast majority of those were domestic abuse and neglect case. She said that these cases have increased 54 percent in the state of West Virginia in the past year. Walker said the Supreme Court was assisting the state courts who hear these cases by providing continuing education for their employees and administrative support for difficult cases that they may face.

Walker concluded the presentation and maintained that the justices, which were all present during the committee meeting, are committed to transparency and cooperation with the legislature.

Delegate Isaac Sponaugle, D-Pendleton, proceeded to address “the elephant in the room.”

“The elephant in the room is that we impeached essentially an entire branch of government last year,” Sponaugle said. “That being said, I greatly appreciate the transparency efforts that you all have made by presenting this. It’s great that you’re going to be working with us.”

Walker addressed this by pointing to an allegorical storm.

“After a storm, you have to figure out how to repair. We’ve assessed the damage, and now we are committed to those repairs,” Walker said.

Senate Finance Discusses Senate Bill 1

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The Senate Finance Committee agreed to add a committee substitute for the committee substitute for Senate Bill 13 p.m. Thursday, Jan 17.  

During the committee, the bill was reviewed and highly discussed between Senators. One in particular, Sen. Roman Prezioso, D-Marion, showed concern over Senate Bill 1, which would increase access to career education and workforce training through Associate’s Degrees at community and technical colleges.  

“We’ve got a relatively fragile higher education system in West Virginia,” Prezioso said. “We have so many students that have the opportunity to choose education from several different sources of higher education. As we pit one group against the other we’re not exactly enhancing students. It seems as though we’re taking students that intend to go one and we’re dividing them.” 

Sarah Armstrong Tucker, chancellor of Community Technical College Systems, assured the committee that the bill isn’t intended to divide students but help create easier pathways for students.  

This is an attempt to make pathways for more open for students so they could potentially start at a community college,” Tucker said.  

Prezioso addressed the Chancellor and asked if the committee could potentially amend the bill to apply it to Associate’s Degrees at four year colleges in addition to two year college and technical programs.  

Tucker said she and her peers would be more than happy if the committee amended the current bill, but was concerned that including regional schools would put too much strain on the bill. Tucker explained that the bill was also introduced last year with the inclusion of four year regional programs and said that was one of the reasons why the bill didn’t pass.  

The current fiscal note on the bill stands at $7,677,294.  

Tucker also explained that a similar proposal was recently put into place in Tennessee where higher education system saw a four percent increase in community college enrollment. She said that although many people believe this bill would mainly affect students who are currently enrolled in a fouryear program, she said the bill could also encourage more people to start a two-year program.  

“We need to acknowledge that 55 percent of the state’s recent high school graduates are said to not be going anywhere,” Tucker told the committee. “I think this bill could help us target people who had no other plan. It’s vital that we don’t leave those people out of the conversation.” 

 

11 of 55 West Virginia School Districts Have Low Enrollment

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Amy Willard, executive director of the Office of School Finance at the West Virginia Department of Education, updated the Senate Education Committee on the current school funding formula, 2 p.m. Thursday, Jan. 17.  

Willard addressed the committee and explained that 11 of the state’s 55 school districts currently have less than a 14,000 net enrollment rate for the 2018-2019 school year which classifies the counties as having low enrollment.” 

According to Willard, a large portion of the education funding is based on enrollment and full-time equivalence, also known as FTE, and calculated through a 10 step system. These seven steps review professional educators, service personal, fixed charges, transportation, student support personnel and other current expenses, and recieves the majority of the funding.

The committee learned that the fiscal year 2020 budget was calculated from the Department of Education’s spending in 2018. Willard explained that the budget is calculated though a year lag system where the budget is derived from spending made the previous year.   

In total, Willard said that the department’s budget request is set at $1,124,000 for fiscal year 2020.  

“Despite an increase in in enrollment pay, a drop in student enrollment in the state did account for a drop in the proposed budget for the upcoming year,” Willard said.