Blog – Page 156

Judiciary Meets to Pass Four Bills

House Committee

admin

-

January 16, 2019

In today’s first half of the Judiciary meeting two bills were passed. House Bill 2008, this bill is a committee substitute and relates to nonpartisan election of justices of the supreme court of appeals. The actions of this bill would take place with the nonpartisan election in 2020, the committee passed the bill and it is due to appear on the House floor.

House Bill 2362 was also passed by the committee along with an amendment. This bill relates to procedures for voting an emergency absentee ballot by qualified voters. In the bill there was a line which discussed reasons why a person might need an absentee ballot and used the phrasing “extreme advanced age” this was amended to just say age. This bill will also be reported to the House floor.

After meeting again in the afternoon the committee was able to work pass two more bills to the House. House Bill 2193 provides a specific escheat for US savings bonds. The maturity date for a bond is the day the bond stops losing interest, this bill would allow people to claim those bonds up to 5 years after that date. There were two amendments that were attempted for this bill, one delegate had some trouble with the wording of the bill and worried that it would not allow people to claim bonds from their relatives or loved ones after those 5 years were over. Their amendment failed and another was accepted which changed language and wording in the bill for better clarification as to what the bills purpose is.

House Bill 2423 prohibits certain sex offenders from obtaining supervisory positions over groups of children. There was one amendment made to this bill that includes the words “religious groups” in the examples of what groups of children could be considered as. The amendment was adopted and the bill was passed by the whole committee to be reported to the floor.

To conclude the meeting the committee briefly heard an overview of House Bill 2003. This bill would extend the expungement of certain criminal convictions, this is a sub-committee bill and will be further discussed and voted on by several members from the Judiciary committee.

TH

Committee Proposes New Regulations for Expungement of Drug Charges

Senate Committee

admin

-

January 16, 2019

0

The Senate Judiciary Committee met on Wednesday to discuss two bills.

Senate Bill 62 amends a West Virginia code of expungement of a controlled substance. The bill would require first time offenders of possession of a controlled substance to participate in a drug court program before the charge may be taken off a person’s record. The court may require the offender to go to a drug treatment program as well.

Senate Bill 240 would repeal obsolete rules that are no longer used, and have no legal backing. These rules have already been taken over by newer laws and regulations, but these obsolete rules are still within the W. Va. Code. None of the rules that are up for repeal would have any direct impact to the citizens of W. Va.

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

RA

Agricultural Committee Passes Hemp Bill to the Judiciary

Senate Committee

admin

-

January 16, 2019

0

The Senate Committee on Agriculture and Rural Development met on Wednesday to discuss proposed bills relating to the Department of Agriculture (Dept. of Ag.).

Senate Bill 192 relates to new rules and regulations for industrial hemp in West Virginia.

The bill would require licensing for the use of land to cultivate, grow, harvest, and sell industrial hemp throughout the state. Applicants would have to pay a yearly application fee of $100 per acre. Applicants will be required to submit an application for each acre of land that is separated by more than a mile, and will be charged the $100 fee for each application.

The bill would also make it a requirement that the growers notify the Dept. of Ag. 30 days prior to harvest. This provision would be to allow the testing and supervision of industrial hemp during harvest.

Senate Bill 191 relates to animal disease control regulations for the Dept. of Ag. The bill would prohibit the release of domestic livestock into the wilderness such as feral swine.

The bill would also prohibit chronic neglect of fencing. Farmers to who neglect to build proper fencing for their livestock may be fined misdemeanor penalty.

Both bills were referred to the Senate Committee on Judiciary.

RA

House Veteran Affairs and Homeland Security Committee Consider Four Bills

House Committee

admin

-

January 16, 2019

0

The House Committee on Veterans Affairs and Homeland Security Wednesday afternoon to consider four pieces of legislation.

House Bill 2036 is a revived piece of legislation from last year. It passed the House of Delegates unanimously during the previous session but it didn’t get approved by the Senate. 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 this documentation as an equivalent to the usual blue handicap signs.

House Bill 2036 was advanced to the House floor, with the request that the second reference to the Judiciary Committee be dispensed. This was decided on the grounds that the bill was passed in the House the previous session unanimously.

House Bill 2209 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 people would not have to go through additional state training.

Delegate Brandon Steele, R-Raleigh, proposed an amendment to the bill that would not only apply this legislation to active duty military personnel within the state, as well as those in reserve.

The amendment to House Bill 2209 was adopted unanimously through the committee. The bill was advanced to the House floor as amended. Additionally, the committee also approved the option to request that the second reference to the House Committee on Health and Human Resources be dispensed.

House Bill 2223 would allow military personnel stationed in 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.

The Committee on Veterans Affairs and Homeland Security approved House Bill 2223 unanimously but with the recommendation that it be referenced to Judiciary Committee first.

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 sprinkler installation, they can also opt to take the examination for state licensure without going through additional state training.

Steele proposed a parallel amendment to 2330, moving to apply the bill to not only those in active duty, but on reserve as well.

House Bill 2330 was advanced to the floor as amended with a recommendation that it should pass, with a request for the dispense of a second reference to the House Committee on Government Organization.

Senate Economic Development sends Bill to Finance

Senate Committee

admin

-

January 16, 2019

0

The Senate Economic Development Committee sent Senate Bill 29 to the Senate Finance Committee in Wednesday’s meeting.

Senate Bill 29 would create a five-year credit for businesses on post-coal mine sites. Sen. Ron Stollings, D-Boone, explained this bill is intended to help create businesses in post coal-mine areas which have been surfaced mined and are currently not occupied.

“(The bill) is meant to give a jumpstart on new businesses and encourage people to develop in areas where coal-mines no longer operate,” Stollings said. “This is really something people could look at and want to take advantage of.”

Currently, the bill is intended to give potential tax credits to businesses for five years following the first expenditures used by the business. Stollings said that the bill was introduced last session and was sent from the Senate to the House where it died.

Following a series of questions from the senators, the committee unanimously voted to add two amendments to the bill.

Sen. Michael Romano, D-Harrison, proposed two amendments — one amendment added the term “entities employed at the post coal-mine site” to a section of the bill. The second amendment changed the unused tax credit discussed in another section of the bill from five years to the first 10 taxable years during which a business is located on a post-coal mine site.

The committee unanimously voted to send the bill to the full Senate following referral to the Senate Finance Committee.

Two Bills Pass Unanimously through House

House Floor Session

admin

-

January 16, 2019

0

The West Virginia House of Delegates convened at 11a.m. on Wednesday, Jan. 16 in the House Chamber to consider legislation.

Bills on first reading included House Bill 2185, which works to legalize the removal of unattended animals left in enclosed motor vehicles. This bill was referred to the appropriate committee, as was House Bill 2307. This bill would create provisional licenses for cosmetologists and barbers within the state.

Bills on second reading that were advanced to committee without amendments include House Bill 2038, which would amend the process of deciding which state occupations are subject to regulation. House Bill 2128, which would allow for leaves of absence for state employees attending parent-teacher conferences, was also referred to committee.

House Bill 2028, on its second reading during this floor session, was advanced to committee with an amendment from Delegate Jason Harshbarger (R-Ritchie). This bill, if passed, would limit the supervision of how state lines are laid on the highway. Currently, when lines are laid on state highway roads, there must be a state engineer present for the entirety of the project to ensure quality and accuracy. This bill would reduce the time that a state engineer must be present from throughout the entirety of the project, to periodically throughout the project.

Two bills that were on their third reading passed the House unanimously today.

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.

Delegate John Shott (R-Mercer), the lead sponsor of the bill, said “This bill would codify what is already law, and clarifies our stance that this legislature agrees to full and meaningful appeals as a right.”

House Bill 2164 passed unanimously.

Another bill that passed the House of Delegates today was House Bill 2351, which 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.

The House will reconvene tomorrow at 11 a.m. in the House Chamber.

Committees to meet before 11am tomorrow:

-The House Committee on Veterans Affairs and Homeland Security will meet at 1 p.m. today, Jan. 16, in 434-M.

-The House Committee on Finance will meet at 2 p.m. today, Jan. 16, in 460-M.

-The House Committee on Judiciary will meet at 2 p.m. today, Jan. 16, in 410-M.

-The House Committee on Education will meet at 2:30 p.m. today, Jan. 16, in 434-M.

-The House Committee on Finance will meet at 4:00 p.m. today, Jan. 16, in 460-M.

-The House Committee on Technology and Infrastructure will meet at 4:00 p.m. today, Jan. 16, in 215-E.

-The House Committee on Small Business, Entrepreneurship, and Economic Development will meet at 9 a.m. tomorrow, Jan. 17, in 215-E.

-The House Committee on Banking and Insurance will meet at 10 a.m. tomorrow, Jan. 17, in 215-E.

Senate Passes 8 Bills, Introduces 316-336

Senate Floor Session

admin

-

January 16, 2019

0

The Senate passed 8 Senate Bills and introduced 316-336 11 a.m. Wednesday, Jan. 16.

Senate Bills 10, 24, 27, 28, 36, 106, 177 and 190 were passed with 36 and 106 becoming effective on July 1, 2019 and Senate Bills 177 and 190 becoming effective immediately.

Senate Bill 24 would would require the Legislature to include funding in the appropriation of the DHHR that must be used for pay raises for employees of local board of health when an across the board pay increase is provided for state employees. The bill would also require the funding be ongoing.

Senate Bill 27 would remove current restrictions on where certain KENO themed lottery games may be played. Currently these games may only be played at locations that are authorized to sell alcohol. The bill would allow these games to be sold at all traditional lottery licensed retail locations.

The Senate also introduced Senate Bills 316-336 during their session and sent the bills to their assigned committees.

Senate Bill 330 which would require contact information be listed on agency’s online directory and website.

Senate Bill 334 would require the Secretary of State establishing searchable database for WV corporations and sole proprietorships.

The following committees will meet today:

The Economic Development Committee will meet at 1 p.m. in 208W.
The Agriculture Comimittee will meet at 2 p.m. in 208W.
The Pensions Committee will meet at 2 p.m. in 451M.
The Judiciary Committee will meet 3 p.m. in 208W
The Finance Committee will meet 3 p.m. in 451M.

The following committees will meet tomorrow:

The Finance Committee will meet at 9:30 a.m. in 451M.
The Health and Human Resources Committee will meet at 1 p.m. in 451M.
The Education Committee will meet at 2 p.m. in 451M.

Government Organization Committee Considers Three Bills

House Committee

admin

-

January 16, 2019

0

The House Committee on Government Organization convened Wednesday to consider three house bills.

House Bill 2203, which aims to revise the licensing requirements for West Virginia contractors, was first on the agenda. This bill would move the administration and registration process for contractors from the West Virginia Division of Labor to the jurisdiction of Chapter 30 of state code.

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 41occupations covered under 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.

Due to definitional debates among the committee and discussion about implications for state contractors, the bill was laid over until the next House Government Organization committee meeting.

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 2311 was advanced to the House floor.

House Bill 2346 revises the licensure requirements for state casino workers. This bill would allow certain casino workers, including service workers, to opt for a registration rather than a license. This bill was laid over until the next House Government Organization committee meeting, whereas the committee is seeking more information regarding the employment implications for the West Virginia Lottery.

West Virginia Supreme Court of Appeals Request $131,150,000 from Senate Finance

Senate Committee

admin

-

January 15, 2019

0

Chief Justice Beth Walker presented the state Supreme Court’s 2020 budget request in Tuesday’s Senate Finance Committee.

Walker said the total general revenue expenditures of the West Virginia Supreme Court was $127,235,284 in fiscal year 2018 and requested $131,150,000 for fiscal year 2020.

Walker explained a large chunk of the proposed budget, $107,850,000, would go toward four different areas including state employee pay raise, the conversion of IT workers from independent contractors to employees, the new judge and staff in the 19th circuit and an increase in probation staff and filling current positions which are open.

Other areas of the proposed budget are set to go towards repairs, equipment, the Children’s Protective Act and the Judges’ Retirement System. Minor areas of the budget have been set aside for buildings and the West Virginia Board of Risk Insurance Management premiums.

The committee was also updated on 2018 expenses which were over $100 million. These included purchases on attorney legal service payments, telecommunications, jury fees, software licenses and contractual services. Walker told the committee that new rules have been adopted to ensure that overspending is cut down. One adoption is a new travel policy that limits personal use of state vehicles.

“Even though we are an intendent branch, we don’t believe that relieves us of the need to be responsible to the tax payers of this state and to you, the overseers of our budget,” Walker told the committee.

Senate Minority Leader Roman Prezioso, D-Marion, asked about recent incidents involving expenditures on purchasing cards listed as miscellaneous expenses.

Walker addressed Prezioso and the committee about two separate incidents, both involving purchases at Victoria’s Secret, which were used as incentives in juvenile centers in the state. Walker explained that one purchase, which equaled $284, was used to purchase gift cards through the retailer that was used as incentives and rewards for good behaviors in juvenile centers. The other purchase which equaled $64 was for a graduation present for a juvenile at Monongalia County Youth Services.

Walker said the reason why these purchases were listed as miscellaneous in the budget is because incentives are filed under a sub-object category within the miscellaneous budget. She also mentioned that the Supreme Court sent out a memo to employees which explained what p-cards can and can’t be used for.

Sen. Craig Blair, R-Berkeley, closed the meeting by addressing Walker and suggesting that juvenile courts look to the community for donations that could serve as incentives instead of spending money from their budget.

Senate Education Votes on Senate Bill 1

Senate Committee

admin

-

January 15, 2019

0

The Senate Education Committee voted to send Senate Bill 1 to the full Senate during their committee meeting 2 p.m. Tuesday, Jan. 15.

Senate Bill 1 would increase access to career education and workforce training throughout the state.

Sarah Armstrong Tucker, chancellor of Community Technical College Sytems updated the committee about the bill and answered various questions that were raised by members of the committee.

Tucker explained that currently, the Department of Education predicts that if the bill were to be passed, it would have little to no effect on enrollment. She also mentioned that current enrollment is down following a drop of 25 percent drop.

Senator Robert Plymale, a sponsor of the bill, said he hoped to see the bill benefit two-year programs and community technical colleges.

Despite being introduced during last year’s session, the Senate sent the bill to the House where it died.

Overall, the committee unanimously voted to send the bill to the full Senate following referral to the Senate Finance Committee.