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Bills Passed by the Senate

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As of 4:00 p.m. Friday, February 9, 2018, the 31st day of the regular session of the 83rd legislature 406 bills have been introduced to the Senate. Of those bills, 76 have passed and have been sent on to the House for further consideration.

Senate Bill 78 would provide a personal income tax adjustment to the gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee.

Senate Bill 102 would create the WV Uniform Fiduciary Access to Digital Assets Act.

Senate Bill 141 directs the county assessor and his or her deputies of each county within the state to assess and collect a $1 assessment on all breeding-age cows if the owner decides to participate in the Coyote Control Program.

Senate Bill 181 is a rules bundle relating to the State Fire Commission, Fire Marshal and Governor’s Committee on Crime, Delinquency and Correction.

Senate Bill 230 is a rules bundle relating to the Department of Commerce.

Senate Bill 244 would specify conditions for unlawful possession of firearm at school-sponsored activities.

Senate Bill 271 would create a centralized Shared Services Section to provide accounting and financial reporting services to spending units.

Senate Bill 283 would modify the procurement by state agencies. The bill would increase certain cost limits from $50,000 to $1 million and increase certain contract limits from $100,000 to $1 million.

Senate Bill 322 would allow the Commissioner of Agriculture to hire general counsel and other support staff as needed.

Senate Bill 343 would limit expenses in preparing the list for a notice to redeem.

Senate Bill 346 would permit full-time nonresident students attending an in-state college or university to purchase lifetime resident statewide hunting, trapping, trout fishing, and fishing licenses.

Senate Bill 361 would relate to treatment supervision under Drug Offender Accountability and Treatment Act.

Senate Bill 364 allows the parent or legal guardian of a homeschooled child to provide a signed statement affirming the child is being educated according to the law and meets the conditions to be eligible to obtain a driver’s permit or license, instead of the driver eligibility certificate signed by a school attendance director or chief administrator.

Senate Bill 371 makes technical corrections to §27-5-2.

Senate Bill 379 is a supplemental appropriation for the State Excess Lottery Revenue Fund to DHHR.

Senate Bill 382 is a supplemental appropriation for the Lottery Net Profits to Bureau of Senior Services, Lottery Senior Citizens Fund.

Senate Bill 393 will add two new appointed positions to the WV Racing Commission, tourism and veterinary services. This will change the number of appointees on the commission from three to five. The current three members will retain their position and be named the representative of thoroughbred racing, greyhound racing, and casinos respectively based on their experience and training. It was passed unanimously with four members absent.

Senate Bill 395 would provide for judicial review of appealed decisions of Air Quality Review Board, Environmental Quality Board and Surface Mine Board.

Senate Bill 400would create a new section of code that would forbid a state licensing board from hiring or contracting with a lobbyist to perform lobbying function on behalf of the board.

Senate Bill 404 would make changes to sex offender registry information.

Senate Bill 425 would remove sunset dates which members of policemen’s or firemen’s pension fund elect to participate in deferred retirement option plan.

Senate Bill 462 would establish a contribution holiday for public pension plans funded at 130 percent or more.

Senate Bill 463 would establish a group to examine the benefits and need of transferring milk rules and regulations from DHHR to Agriculture.

Additional Senate Bills

Senate Bill 43 would authorize DOH or local authorities establish minimum speed limits in certain areas.

Senate Bill 86 would permit the sale of home-based, micro-processed foods at farmers markets.

Senate Bill 114 would relate to the posting of the National Human Trafficking Resource Center hotline number.

Senate Bill 257 would create the WV Counseling Protection Act.

Senate Bill 319 would allow individuals who completed home schooling be eligible for PROMISE scholarship without equivalent diploma.

Senate Bill 337 would permit parents of newborns to decline administration of specific required medication at birth.

Senate Bill 366 would prohibit the State Board of Education from accepting federal education plans without approval of Legislature.

Senate Bill 416 would make fishing for catfish with bare hands lawful.

Senate Bill 426 would modernize certain alcohol laws.

Senate Bill 494 would consider members of State Teachers Retirement System absent while serving as officer with statewide professional association.

Senate Adopts “No Constitutional Right to Abortion” Amendment

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West Virginia Voters May Have the Chance to Determine the Law for Themselves

A constitutional amendment (SJR 12) saying that there is no constitutional right to an abortion was adopted by the Senate this week.

Senator Charles Trump IV, R – Morgan, said that the joint resolution is in response to a 1993 West Virginia Supreme Court of Appeals decision, Women’s Health Center vs Panepinto (191 W. Va. 436). The case decided that state Medicaid funding could be used to fund abortions.

The resolution would reverse that decision and allow the state to take away money from the procedure and allocate it elsewhere.

“This amendment does not restrict or curtail any legal right that exists to have an abortion,” Trump said. “If this amendment is adopted and ratified it will make it so that some of them cannot be paid for by the state, with exceptions.”

Those exceptions are found and protected by WV Code §9-2-11. House Bill 2082 would add a new section of code, §16-2P-1, that would prohibit the spending of state funds on abortion. Democrat members of the Senate said they were worried the amendment would in fact terminate the choice of a woman in the state to pursue the option of the procedure.

“If this bill coming across from the House doesn’t end [state funding of abortions] for low income women it will be ended as soon as possible next year,” said Senator Mike Romano, D – Harrison.

The Senate voted down an amendment to the resolution by Senator Corey Palumbo, D – Kanawha, that would have guaranteed the funding by adding the statement “except in the case of rape, incest, or medical necessity.”

“If [the Senate] wanted to protect that right, we had the chance to do that yesterday,” Romano said. “We very easily could have fixed this amendment to protect the lives of mothers and in cases of rape and incest. To protect their right to do things that no one would ever want to make the decision to do.

Sill, other senators, such as Senator Gregory Boso, R – Nicholas, believe that the resolution should be placed on the ballot for the citizens of W. Va. to have the final decision.

“I think the wording of this particular constitutional amendment, the resolution before us today, ‘Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion’, is brief, it’s clear, but more importantly it gives the people of WV the opportunity to vote to establish what we the people believe in,” Boso said.

The resolution was adopted 25-9 and was sent to the house for further consideration. If the resolution is adopted by the House, with a two-thirds majority, it would be placed on the W. Va. 2018 General Election Ballot.

Chanda Adkins Appointed to 31st District, Sworn-in

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Chanda Adkins, R-Raleigh, was appointed to the House of Delegates Friday, Feb. 9.

Adkins is a pharmacist, business owner, licensed manicurist, substitute teacher and middle school girls’ basketball coach. While she already has so much on her plate, she will now represent the 31st District in the House. She fills a vacancy left by now Sen. Lynne Arvon, R-Raleigh.

Adkins was sworn-in by Speaker Tim Armstead, R-Kanawha, with the help of her daughter, Leah. Adkins has two children, Leah and Mason, and is married to Brian Adkins.

She said the time since learning of her appointment has been stressful but she’s excited to serve the people of her district. She said it’s important to her to represent her constituents through faith and in her life.

 

Senate Joint Resolution 12 Adopted by the Senate

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The Senate Convened today at 11 a.m.

S. JR. 12 was adopted 25-9 and has been ordered to the house. The joint resolution states that under the W. Va. Constitution there is no constitutional right to have an abortion or for it to be funded. If the bill is adopted by the House it will appear on W. Va.’s general election ballot for the citizens to ratify.

S. B. 78, S. B. 271, S. B. 283S. B. 346, S. B. 379, S. B. 382, S. B. 395 and S. B. 404 were all passed unanimously.

S. B. 335 was passed 20-13-with one member not voting.

H. B. 4135 and H. B. 4146 were passed unanimously. The bills are awaiting a signature from the governor.

Bills on Second Reading:

Bills on First Reading:

The Senate adopted S.R. 34, designating February 9, 2018, as Corrections Day and S.R. 35 recognizing distinguished military service of Brigadier General John C. “Doc” Bahnsen, Jr. S.R. 34 was adopted via voice vote while the roll call was demanded for S.R. 35, which was adopted unanimously.

The Senate is adjourened until Monday at 11 a.m.

Committees meeting today:

Sub Committee on Fire Departments and EMS at 1:45 p.m. in the Senate Judiciary Conference Room

Pensions at 1:45 p.m. 451M

Judiciary at 1:45 p.m. 208W

House passes six bills, sees first Senate bill

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The House of Delegates convened on Friday to pass six bills and advance many others.

Members passed:

HB 4023, HB 4025, HB 4186, HB 4236, HB 4276 and HB 4410.

The House advanced House Bill 4142 which would give certain correctional officers a pay raise. Several Democrat members attempted to amend the bill, but all three were rejected. The bill advanced to third reading, and will be up for passage Monday.

Six other bills including a few supplimental appropriations were read a second time, with no amendments.

For the first time at the halfway point of session, the House read several Senate bills a first time – SB 62 and SB 267.

Senate Bill 267 is a bill that would give state employees a pay raise, including teachers, who currently would receive a two percent pay raise in the first year and a one percent for two years following.

Judiciary will re-convene this afternoon at 1 p.m. in 410M. Judiciary will then meet again in the House chamber at 8:30 a.m. for a public hearing on HB 4001 and again at 9:15 a.m. in 410M.

The Finance committee will hold a public hearing on House Bill 4140 at 10 a.m. in the House chamber.

House Moves HB 4332 and 4350

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The House convened today at 11 a.m.

H. B. 4332 – relating to home peritoneal renal dialysis – passed 96-0 in the House. The bill will move to the Senate.

H. B. 4350 – eminating the regulation of upholstery – passed 65-31 in the House. It will now be communicated to the Senate.

Bills on second reading:

Bills on first reading:

Committees meeting today:

Senior Citizens Issues will meet at 2:30 p.m. in 215E.

Prevention and Treatment of Substance Abuse will meet at 3:30 p.m. in 215E.

Health and Human Resources will meet at 4 p.m. in 215E.

Judiciary Committee will have a public hearing, regarding H.B. 4268, tomorrow at 8:30 a.m. in the House Chamber.

Finance will meet tomorrow at 8:30 a.m. in 460M.

Education will meet tomorrow at 9 a.m. in 434M.

Government Organization will meet tomorrow at 9 a.m. in 215E.

The House is adjourned untill 11 a.m. tomorrow.

House Bill 4020 Completes Legislative Action, S.JR. 12 Read for a Second Time

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The Senate Convened today at 11 a.m.

The Senate heard from the House that they concured with the changes to H.B. 4020, making technical corrections in the code when referencing chapter 49. The bill is now awaiting the governor’s signature.

There were no bills on third reading today. The body read 12 bills for a second time.

S. JR. 12, No Constitutional Right to Abortion, says that nothing in the W. Va. constitution secures or protects a right to abortion or requires the funding of abortion.

S. B. 346 would permit full-time nonresident students purchase lifetime resident hunting, trapping and fishing licenses.

Bills on Second Reading:

Bills on First Reading:

The Senate adopted S.R. 32, honoring heroic actions of Brooke County Deputy Sheriffs Devin C. Baker, Kristen L. Richmond and Shane S. Siranovic, and S.R. 33, recognizing WV School of Osteopathic Medicine for excellence in medical education.

Also adopted by the body was S.C.R 1, naming the US Army SGT Denver E. Short Memorial Road, and S.C.R. 12, naming the US Army SP4 Darrell Gregory Triplett Memorial Bridge.

The Senate is adjourned until 11 a.m. tomorrow

Committees meeting today:

Health and Human Resources at 1 p.m. 451M

Energy, Industry and Mining at 1 p.m. 208W

Education at 2 p.m. 451M

Government Organization at 2 p.m. 208W

Finance at 3 p.m. 451M

Judiciary at 3 p.m. 208W

Committees meeting tomorrow:

Government Organization at 9:30 a.m. 208W

Sub Committee on Fire Departments and EMS directly following the floor session in 208W

House Passes Bills, HR 5 Adopted

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The House convened today at 11 a.m.

H. B. 2654 – expanding county commissions’ ability to dispose of county or district property – passed 97-1 in the House.

H. B. 3020 – relating to criminal penalties for the offenses of hunting, trapping or fishing on the lands of another person – passed 96-2 in the House.

H. B. 4156 – establishing the qualifications of full and part time nursing school faculty members – passed 96-0 in the House. The bill was also approved to become effective from passage. 

H. B. 4175 – preventing requirement that an advanced practice registered nurse participate in a collaborative relationship to obtain payment – passed 97-2 in the House.

H. B. 4178 – permitting certain portions of certified nurse aide training to be provided through distance learning technologies – passed 94-1 in the House.

H. B. 4275 – relating to the law-enforcement authority of the director and officers of the division of protective services – passed 97-0 in the House.

House Resolution 5 – requesting the West Virginia Public Employees Insurance Agency (PEIA) Finance Board maintain its current financial plan for the coming year – was adopted, 97-1, in the House today.

H. B. 4359 – relating to the removal of animals left unattended in motor vehicles – passed 96-1 in the House.

H. B. 4332 – relating to home peritoneal renal dialysis – was read a second time in the House.

H. B. 4350 – Eliminating the regulation of upholstery – was read a second time.

Bills on first reading:

Veterans’ Affairs and Homeland Security will meet today at 1:15 p.m. in 434M.

Finance will meet today at 2 p.m. in 460M.

Judiciary will meet today at 2 p.m. in 410M.

Banking and Insurance will meet tomorrow at 10 a.m. in 215E.

Small Business will meet tomorrow at 9 a.m. in 434M.

The House is adjourned until 11 a.m. tomorrow.

Senate Passes Four Bills

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The Senate convened today at 11 a.m.

S. B. 141, expanding county assessment and collection of head tax on breeding cows, passed unanimously with two members absent.

S. B. 230, authorizing Department of Commerce promulgate legislative rules, passed unanimously with two members absent.

S. B. 361, relating to treatment supervision under Drug Offender Accountability and Treatment Act, passed unanimously with two members absent.

S. B. 371, relating to proceedings for voluntary custody for examination, passed unanimously with two members absent.

Bills on First Reading:

The Senate also passed S. R. 30, designating February 7, 2018, as Veterans Visibility Day, and S.R. 31, designating February 7, 2018, as Go Red for Women Day.

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

Committees meeting today:

Economic Development at 1 p.m. 208W

Agriculture and Rural Development at 2 p.m. 208W

Pensions at 2 p.m. 451M

Judiciary at 3 p.m. 208W

Finance at 3 p.m. 451M

Committees meeting tomorrow:

Finance at 9:30 a.m. 451M

Senate Bill 393 Passes to the House

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The Senate convened today at 11 a.m.

The body passed Senate Bill 393 which adds two new appointed positions to the WV Racing Commission, tourism and veterinary services. This will change the number of appointees on the commission to five. The current three members will retain their position and be named the representative of thoroughbred racing, greyhound racing, and casinos respectively based on their experience and training. It was passed unanimously with four members absent.

S. B. 102, S. B. 181, S. B. 244, S. B. 425, and S. B. 462 were all passed unanimously with four members absent and sent to the House for further consideration.

S. B. 430 was reccomended to the Senate Committee on Rules.  

S. B. 463 was passed 27-3 with four members absent.

H. B. 4013 was passed unanimolusly and is awaiting for the House to concur.

Bills on Second Reading:

The Senate passed Senate Resolution  28, designating February 6, 2018, as West Virginia State University Day, and S.R. 29, congratulating Hurricane High School boys’ soccer team.

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

Committees meeting today:

Heath and Human Resources at 1 p.m. 451M

Energy, Industry, and Mining at 1 p.m. 208W

Education at 2 p.m. 451M

Government Organization at 2 p.m. 208W

Finance at 3 p.m. 451M

Judiciary at 3 p.m. 451M

Committees meeting tomorrow:

Sub committee for S.B. 369 at 9 a.m. 208W

Worforce at 10 a.m. 208W