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Senate Bills 385 and 388 Pass to the House

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The Senate convened today at 11 a.m.

Senate Bill 385 and S. B. 388 both bills reappropriate excess funds from the Deparement of Health and Human Resources’ 2018 Fiscal Year budget and transfer them to the Department of Military Affairs and Public Safety and the Department of Administration respectively. The transfered funds will go towards repairs, enterprise resource planning system, and appointed counsel fees.

S.B. 385 passed 20-10 with 4 absent. S.B. 388 passed 20-10 with 4 absent.

S. B. 393 was laid over one day on third reading.

Bills on Third Reading:

S. B. 10 and S. B. 267 were laid over one day.

Bills on Second Reading:

Bills on First Reading:

The Senate adopted Senate Resolution 22, designating January 31, 2018, as Nurses Unity Day.

The Senate adjourned until 11 a.m. tomorrow.

Committees meeting today:

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

Pensions at 2 p.m.

Finance sub committe A at 3:30 p.m. 451M

Judiciary at 3:30 p.m. 208W

Committees meeting tomorrow:

Fincance at 9:30 a.m. 451M

Judiciary at 10 a.m. 208W

HB 2831 and 4006 Pass House

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The House convened today at 11 a.m.

H. B. 2831 – relating to the reconstitution of the Driver’s Licensing Advisory Board – passed unaimously in the House. The bill will now be sent to the Senate for further consideration.

H. B. 4006 – revising the processes through which professional development is delivered for those who provide public education – passed 60-36 in the House.

Bills on second reading:

Bills on first reading:

Committees meeting today:

Judiciary will resume at 2 p.m. in 410M.

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

Education will meet at 2:30 p.m. in 434M.

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

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

Bills Passed by the House

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Bills Passed by the House

As of 4 p.m., Friday, January 26, 2018, the tenth day of the second regular session of the 83rd Legislature, 846 bills have been introduced in the West Virginia House of Delegates. Of those bills, 18 have passed and have been sent to the Senate for further consideration. All of these bills have passed this week:

House Bill 2028 (relating to the venue for suits and other actions against the state) allows a plaintiff or petitioner to file a claim or petition against the state, a state officer, or state agency in the circuit court of a county in which the plaintiff or petitioner resides or in which a claim arose as well as in the Circuit Court of Kanawha County.

House Bill 2483 (requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her eighteenth birthday)

House Bill 2607 (extending the maximum period of confinement a judge may impose for certain, first-time probationary violations) extends the maximum period of confinement a judge may impose for certain, first-time probationary violations from sixty days to six months. The bill also provides judges greater sentencing discretion for certain, subsequent violations of probation.

House Bill 2822 (allowing honorably discharged veterans who possess certain military ratings to qualify to take an examination for licensing as a plumber, electrician, and sprinkler fitter) allows any person who has served honorably on active duty in any of the Armed Forces of the United States and who has successfully completed the course of instruction required to qualify as a plumber, electrician, and sprinkler fitter.

House Bill 2838 (allowing military veterans who meet certain qualifications to qualify for examination for license as an emergency medical technician) allows any person who has served honorably on active duty in any of the Armed Forces of the United States and who has successfully completed the course of instruction required to qualify as an emergency medical technician.

House Bill 2916 (authorizing certain first responders to carry firearms) authorizes supervising entities to authorize reserve deputies, ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearms. It specifies the training required for them to be eligible to carry a firearm and allows them to be reimbursed for the cost of the training.

House Bill 3004 (relating to filling vacancies in offices of state officials, United States Senators, Justices, judges, and magistrates) requires vacancies in offices of state officials to be filled with an individual of the same political party with which the individual vacating the office was affiliated at the time of his or her election to the vacated office. The bill additionally provides similar language relating to legislators and county commissioners and revamps the procedure for selecting persons to fill vacancies on a county commission.

House Bill 3005 (relating to regulation of unmanned aircraft systems) regulates the use and operation of unmanned aircraft systems. The bill additionally prohibits the use of a lethal weapon on an unmanned aircraft system and prohibits the interference with the flight of a manned aircraft and provides criminal penalties for violations.

House Bill 3089 relates to the adoption of instructional resources for use in the public schools.

House Bill 4002 (providing that all delegates shall be elected from one hundred single districts following the United States Census in 2020) provides that in the reapportionment and redistricting following the 2020 US census that the House of Delegates shall comprise one hundred single member districts. West Virginia is currently one of only 10 states that still employ multi-member districts.

House Bill 4013 (clarifying venue in West Virginia state courts as it applies to nonresidents of the state) clarifies venue in West Virginia state courts as it applies to nonresidents of the state, and to provide that nonresidents generally may not bring an action in the state unless a substantial part of the acts or omissions giving rise to the claim occurred in the state in order to preserve access to West Virginia courts for West Virginia residents and nonresidents who are actually injured in the state.

House Bill 4026 exempts cashiers from licensure under the Larry W. Border Pharmacy Practice Act.

House Bill 4035 creates a legislative coalition to study and report to the Legislature on palliative care.

House Bill 4135 updates the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act.

House Bill 4146 (updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act) updates the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act; and specify effective dates.

House Bill 4150 (prohibiting telecommunications and IP-enabled voice services from displaying the name or telephone number of the recipient) prohibits spoofing caller ID information that is fraudulent or misleading.

House Bill 4169 (requiring certain establishments and facilities to post human trafficking assistance notices) requires posting of a notice in designated locations of a hotline available for people to call to report human trafficking to be posted in areas where persons are subject to human trafficking; authorizing state representatives to give notices; and establishing penalties for failure to post.

House Bill 4174 designates the placement of nonpartisan judicial offices on the primary election ballot.

Additional House Bills

House Bill 2546 would allow replacement costs of employer provided property to be deducted from an employee’s final paycheck if the property is not returned. This bill will be on third reading Monday.

House Bill 4183 relates generally to standardized testing requirements for nonpublic schools. This bill will be on third reading Monday.

House Bill 2799 would prohibit the superintendent of schools from requiring a physical examination to be included to the application for a minor’s work permit. This bill will be on second reading Monday.

House Bill 4010 would provide no requirement to perform or host a marriage ceremony that does not conform to sincerely held religious beliefs. This bill will be on second reading Monday.

House Bill 2831 relates to the reconstitution of the Driver’s Licensing Advisory Board. This bill will be on first reading Monday.

House Bill 4006 would revise the processes through which professional development is delivered for those who provide public education. This bill will be on first reading Monday.

House Bill 2026 would provide a maximum repair cost for insured owners of motor vehicles if a collision with a deer caused the damage.

House Bill 2039 would establish a tax credit for new businesses that locate in the state.

House Bill 2055 would include volunteer firefighters within the Public Employees Insurance Act.

House Bill 2172 would provide that school nutrition plans include take home meals for low income students.

House Bill 2322 would prohibit sex offender registrants from having Halloween related contact with children.

House Bill 4032 would withhold pay of a legislator who misses an entire floor session.

House Bill 4148 would allow medical marijuana to be grown outdoors by licensed growers.

House Bill 4177 would prohibit smoking of tobacco products in a motor vehicle while an individual sixteen years of age or less is present.

House Bill 4191 would prohibit employees of the state who have convictions for driving under the influence from driving or operating state owned vehicle.

Bills Passed by the Senate

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Bills Passed by the Senate

As of 4 p.m. Friday, January 26, 2018, the 10th day of the regular session of the 83rd legislature 406 bills have been introduced to the Senate. Of those bills, seven have passed and have been sent on to the House for further consideration.

Senate Bill 37 would eliminate the distinction between daytime and nighttime burglary and equalize the penalty for general burglary 1 to 15 years.

Senate Bill 39 would create the Sexual Assault Victims’ Bill of Rights.

Senate Bill 53 will correct an incorrect code reference.

Senate Bill 62 would allow counties to hire an attendance director with professional administrative certificates and five years of experience.

Senate Bill 67 would allow retired Department of Natural Resources taxpayers to exclude their pensions and annuities from the state income tax.

Senate Bill 75 would allow some video lottery retailers to transfer or sell the retailer’s location where limited video lottery is offered.

Senate Bill 98 would create incentives for consolidation at the municipal, county and metro government level.

Senate Bill 110 would require vendors selling alcoholic beverages to report any life-threatening medical emergencies that happen on their property to emergency medical services and law enforcement, along with the Alcohol Beverage Control Administration within 48 hours of the incident occurring.

Senate Bill 116 clarifies that the restitution money from the Second Chance Driver’s License Program are not subjected to the five percent offset for the program’s administration.

Senate Bill 133 would exempt renewal of certain contracts entered into during a declared state of emergency.

Senate Bill 134 would authorize the Division for Homeland Security and Emergency Management to engage individuals for emergency response and recovery.

Senate Bill 143 would permit a tracker to label his or her traps with a WV DNR identification number.

Senate Bill 146 would correct a technical error in the Solid Waste Management Act.

Senate Bill 263 would eliminate the film tax credit.

Senate Bill 292 would specify that the President and Speaker of the Senate and the House respectively must be members of the Commission on Special Investigations, requires a quorum vote to enter an executive session, allows the Commission to request instead of subpoena records for state, county, and local government entities, allows the Commission to award duty weapons to retiring members, creates the felony to impersonate a Commission member or staff, and removes the requirements that the Joint Committee must approve expense report and that the Joint Committee on Government and Finance approve payment of the Commissions Expenses.

Senate Bill 300 would create a tax credit for businesses that locate on post coal mining sites. Business would be eligible for the tax credit for the first five years after moving to the site.

Senate Bill 311 would provide a consumer sales and service tax and use tax exemption for certain services and tangible personal property sold for the repair, remodeling, and maintenance of aircraft operated under a fractional ownership program.

Senate Bill 351 would allow ballot commissioners who are candidates for a position on a party executive committee or as delegates to a national convention to continue to serve in their role, despite their name appearing on the ballot.

Additional Senate Bills

Senate Bill 7 states that before filing a claim under the WV Wage Payment and Collection Act, an employee must provide a written notice to their employer, for any claims for accrued fringe benefits.

Senate Bill 10 would eliminate PSC jurisdiction over rates, fees, and charges of municipal electric power systems.

Senate Bill 16 increases the penalties for shoplifting.

Senate Bill 46 would permit pharmacists to inform customers of lower-cost alternative drugs.

Senate Bill 51 would remove the reference to child support from the section of the code relating to the award of spousal support and separate maintenance. It allows the court to use the specified factors used to determine the amount of the spousal support or separate maintenance to also determine their duration

.

Senate Bill 84 would prohibit abortion coverage in certain qualified health care plans.

Senate Bill 99 would prohibit discrimination based on age or sexual orientation in certain circumstances.

Senate Bill 163 is a rules bundle relating to the Department of Environmental Protection waste management, underground storage tanks, surface mining, standards of performance for new stationary sources, air pollution and quality standards, voluntary remediation and redevelopment rule, the State Construction Grants Program, and the Freedom of Information Act requests, was laid over on third reading. It will be picked up again on Monday.

Senate Bill 242 would require insurance plans offered in WV to require coverage for long-term antibiotic coverage for Lyme Disease.

Senate Bill 267 would increase the salaries of the employees of the WV State Police, teachers, and school service personnel.

Senate Bill 280 allows airports’ emergency management and operations vehicles to use red flashing warning lights.

Senate Bill 284 would increase the access to career education and workforce training by authorizing Advanced Career Education and creating the WV Invests Grant Program.

Senate Bill 285 would create legislation to enable neighboring counties to create a regional reaction authority to off-highway vehicle trail riding.

Senate Bill 327 would add to the extortion statute threats designed to obtain sexual conduct or the release of intimate body images.

Senate Bill 338 would change the due date for employer to file annual reconciliation and withholding statements to January 31.

Film Tax Credit Ends on Cutting Room Floor

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Film Tax Credit Ends on Cutting Room Floor

Senate Bill 263, First Completed Legislation This Session

West Virginia will no longer offer film tax credit, after lawmakers voted to eliminate the credit that some lawmakers said brings minimal economic advantage to the Mountain State.

Senate Bill 263 moved through Senate Finance Committee, after Tourism Commissioner, Chelsea Ruby, said Legislative auditors found there were a number of questionable expenditures coming from the administration of the film tax credit program.

During the committee meeting, Senator John Unger-D, said that he has concerns about how tourism could be affected in the county he represents, Berkeley, where he has seen how film production in the area attracts people into businesses.

While the Senate quickly passed the bill 28-2 on the Senate Floor Monday, the House spent hours deliberating Thursday and Friday upon passage of the bill.

House Majority Leader Daryl Cowles said West Virginia simply does not have the infrastructure to see a high enough return on investment in this industry.

“Initially, when this program started, it was twice the amount of money and not as many others were doing it,” Cowles said. “I think this program saw some fairly good results early but I think time has just passed us by and it’s not working for us right now.”

Stated during the House Floor Session, the economic gain of the film tax credit program has been about $8.6 million, over a 10-year span. With an average of about $800,000 a year, auditors deemed that the film tax credit was not much of an advantage to West Virginia’s economy.

House Minority Leader Timothy Miley, said although the credit has not showed the profit that the state had hoped, there is still some money coming in from the implementation of the credit.

“We don’t have the infrastructure, there’s no debate about that but I don’t understand why you wouldn’t want to continue to attract people to our state if we’re still getting a positive return on investment,” Miley said.

The first completed legislation of the session, Senate Bill 263 passed the House 54-42, to end the film tax credit in the state. Lawmakers later voted the change take effect immediately so the extra dollars can be used towards this year’s state budget.

Senate Passes Senate Bill 284

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The Senate convened today at 11 a.m.

In a unanimous vote the body passed Senate Bill 284, increasing access to career education and workforce training. The bill authorizes Advanced Career Education (ACE) programs for students in secondary schools. ACE programs connect students with community and technical colleges to offer college credit while still in middle and high school.

S.B. 284 also creates the WV Invests Grant Program which is a scholarship for WV residents who are 18 years or older with a high school diploma or the equivalent of, to attend WV community or technical colleges. The grant also requires students to stay and work in WV for two year after completing their degree.

Senators Drennan (R – Putnam, 04) , Mann (R – Putnam, 04), Cline (R – Wyoming, 09), Romano (D – Harrison, 12), Karnes (R – Upshur, 11), Plymale (D – Wayne, 05), Gaunch (R – Kanawha, 08), Trump (R – Morgan, 15), and Blair (R – Berkeley, 15) all spoke in support of the bill. Their remarks can be found printed in the Appendix to the Senate Journal.

S.B. 163, a DEP rules bundle, was passed today as well, after being amended on the floor.

S.B. 165, 285, and 338 were passed to the House for further consideration as well.

S.B. 393 was laid over one day on third reading.

S.B. 10, 267, and 384 were laid over one day on second reading.

S.B. 37 was amended on the floor by Senator Romano. S.B. 242 had two amendments, one by Senator Takubo and the second by Senator Maroney.

Bills on Second Reading:

Bills on First Reading:

The Senate adopted Senate Resolution 20, celebrating achievements and contributions of Monongalia County and Senate Resolution 21, recognizing Bryan Schuerman for being named 2017 WV Outstanding Earth Science Teacher.

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

Committees meeting today:

Health and Human Resources 1 p.m. 451M

Government Organization 2 p.m. 208W

Education 2 p.m. 451M

Judiciary 3 p.m. 208W

Finance Sub committee B at 3 p.m.

 

 

 

 

HB 2799 and 4010 Move to Senate

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The House convened today at 11 a.m.

H.B. 2799 – prohibiting the superintendent of schools from requiring a physical examination to be included to the application for a minor’s work permit – passed in the House 91-4. The bill will now move to the Senate.

H.B. 4010 – providing no requirement to perform or host a marriage ceremony that does not conform to sincerely held religious beliefs – passed 90-5 in the House, after debate about how the bill relates to the first amendment. The bill will be communicated to the Senate.

H.B. 2831 – relating to the reconstitution of the Driver’s Licensing Advisory Board – was read a second time and will now advance to third reading.

H.B. 4006 – revising the processes through which professional development is delivered for those who provide public education – was read a second time and advanced to third reading.

Bills on first reading:

Committees meeting today:

Energy at 2 p.m. in 418M. 

Health and Human Resources at 2 p.m. in 215E.

Political Subdivisions at 2 p.m. in 434M.

Pensions and Retirement at 4 p.m. in 464M.

Committees meeting tomorrow morning:

Redistricting at 8 a.m. in 410M.

Finance at 9 a.m. in 460M.

Government Organization at 9 a.m. in 215E.

Judiciary at 9 a.m. in 410M.

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

Senate Bills 7, 51 and 280 Pass to the House

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The Senate convened today at 11 a.m.

Senate Bill 163 was laid over one day on third reading.

S.B. 7, S.B. 51, and S.B. 280 were all passed unamiously and sent to the House for further consideration.

S.B. 285 was amedned on the floor by Senator Maynard. The ammendment made the bill language consistient with the existing bill and recently passed bills to prevent an error in the code.

The Senate had five bills on second reading and 11 bills on first reading.

The Senate adopted Senate Resolution 19 designating January 29, 2018 as Jefferson County Day.

The Senate is Adjourned until 11 a.m. tomorrow

Committees meeting today:

Natural Resources at 1 p.m. 208W

Finacne at 3 p.m. 451M

Judiciary at 3 p.m. 208W

Sub Committee for SB 83 will meet immediately after Judiciary 208W.

Committees meeting tomorrow:

Transportation and Infrastructure 10 a.m. tomorrow 451M

HB 2546, 4183 Move Through House

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The House convened at 11 a.m. today, during the twentieth day of session.

H.B. 2546 – allowing replacement costs of employer provided property to be deducted from an employee’s final paycheck if the property is not returned – passed in the House 61-35, with 3 absent or not voting.

H.B. 4183 – relating generally to standardized testing requirements for nonpublic schools – passed unanimously in the House. 

Bills on second reading:

Bills on first reading:

Committees meeting today:

Roads and Transportation will meet at 1 p.m. in 215E.

Judiciary will resume at 2 p.m. in 410M.

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

Education will meet at 2 p.m. in 434M.

Government Organization will meet at 3 p.m. in 215E.

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

Committees meeting tomorrow:

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

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

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

First Completed Legislation of Session Heads to Governor

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The House convened today at 11 a.m.

The House had eight bills up for approval – S.B. 263, H.B. 2483, H.B. 4035, H.B. 4136, H.B. 4146, H.B. 4169, H.B. 4174, and H.B. 4207.

S.B. 263 – eliminating film tax credits – passed 54-42 in the House. This bill is the first completed legislation of the second session of the 83rd Legislature. The bill also passed, 70-24, to become effective immediately. The bill is now awaiting Governor Jim Justice’s signature.

H.B. 2483 – requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her eighteenth birthday – passed unanimously in the House. The bill will now move to the Senate for further consideration.

H.B. 4035 – creating a legislative coalition to study and report to the Legislature on Palliative care – passed in the House unanimously. The bill will now move to the Senate.

H.B. 4135 – updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act – passed in the House unanimously. The bill also passed in the House to become effective immediately.

H.B. 4146 – updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act – passed in the House unanimously. The bill also passed in the House to become effective immediately.

H.B. 4169 – requiring certain establishments and facilities to post human trafficking assistance notices – passed in the House 88-3. The bill will now move to the Senate for further consideration.

H.B. 4174 – designating the placement of nonpartisan judicial offices on the primary election ballot – passed unanimously in the House. The bill will be sent to the Senate.

H.B. 4207 – authorizing an online application to receive a commission to act as a notary public, and eliminating the bond requirement – was recommitted to the Committee on Judiciary on third reading.

Bills on second reading:

Bills on first reading:

The Judiciary Committee will meet Monday, Jan. 29, at 9 a.m. in room 410M.

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

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