The Senate convened the First Special Session of 2017 today as the Legislature continues to work on a budget agreement. The body read three blls a first time today.
Senate Bill 1001 would give classroom teachers a pay raise, Senate Bill 1002 would increase DMV fees and the motor fuel excise tax, while Senate Bill 1003 relates generally to the WV Parkways Authority.
The Senate has adjourned until tomorrow at 11 a.m.
The Senate met briefly Sunday evening to confirm 81 of the Governor’s 83 Executive nominations.
The Senate has adjourned Sine Die.
The House of Delegates met early this morning to discuss House Bill 2018, the Budget Bill.
Delegate Nelson (R-Kanawha) said, “This budget raises no taxes and takes 90 million dollars out of the rainy day fund to replace what would be cut from Medicare.”
Delegate Byrd (D-Kanawha) asked if the budget would restore the courtesy patrol. He was informed the bill to take away the courtesy patrol failed.
Delegate Wilson (R-Berkeley) said, “This budget honors the taxpayers.”
Delegate Zatezalo (R-Hancock) said, “I think this budget is responsible but it is difficult. I say we pass this budget right now and then get to the negotiating table.”
Delegate Sobonya (R-Cabell) said, “When you don’t have the revenue and pass the cuts, this is what you get.”
Delegate Cowles (R-Morgan) said, “This is a bridge to a time where our economy will be doing better. I hope soon we can start spending money on programs but until then we need to live within our means and I urge a green vote.”
The bill passed with 63 yeas and 37 nays.
The legislature has completed the business of the first Regular Session.
The House has adjourned sine die.
The Senate has completed legislation on 13 more bills by the midnight deadline of the 2017 Regular Session. Those bills will now to be sent to the governor for enaction.
SB 172 would eliminate the salary for members of the West Virginia Water Development Board.
SB 204 would require that persons appointed to fill a vacancy by the Governor have the same qualifications for the vacated office and receive same compensation and expenses for the office otherwise provided by law.
SB 244 would encourage and facilitate the efficient and economic development of oil and gas resources by providing that a lawful use of mineral property that has been consented to by a majority of the ownership interests in the property is permissible, is not waste, and is not a trespass.
SB 554 would create the crime of false swearing in a legislative proceeding and penalties for violators.
HB 2196 would allow for the participation of home schooled students in certain secondary school activities.
HB 2329 would make unlawful the production, manufacture or possession of fentanyl.
HB 2526 would classify additional drugs to Schedules I, II, IV and V of controlled substances.
HB 2561 would create additional flexibility for school systems in the use of school aid funds.
HB 2579 would increase the penalties for transportation of narcotics and certain controlled substances into the state.
HB 2585 would create criminal offenses relating to money laundering.
HB 2587 would clarify that a firearm may be carried for self defense in state parks, state forests and state recreational areas managed by the Division of Natural Resources.
HB 2631 would prevent dismissal of complaints that exceed time standards for disposition when the accused causes delay that results in the time overage.
HB 2711 would abolish Regional Education Service Agencies.
HB 3020 would provide that the penalty for hunting, trapping or fishing on the lands of another, entering upon posted lands, or destroying posted land signs shall be equivalent to the penalty for criminal trespass.
The Senate also amended and passed the House budget bill, HB 2018, to be sent back to the House for further consideration.
Finance Chair Mike Hall, R-Putnam, amended the bill on behalf of the Senate Finance Committee to make several modifications based on previous budget bills and suggestions from the governor.
Committee Meetings Tomorrow
Confirmations: 5 p.m. in 208W
The Senate is adjourned until 6 p.m. tomorrow.
The Senate has completed legislation on nine bills now to be sent to the governor for enaction.
SB 40 would require protocols for responding to after-school injuries or emergencies to be included in school crisis response plans.
SB 535 would reorganize the Division of Tourism as the new West Virginia Tourism Office.
SB 687 would relate generally to coal mining, coal mine safety and environmental protection.
HB 2447 would rename the Court of Claims the state Claims Commission and rename judges as commissioners.
HB 2555 would remove the requirement that programs be jointly administered by labor and management trustees in order to qualify for tax credits for apprenticeship training in construction trades.
HB 2721 would eliminate the cap on the size of projects constructed by the Division of Highways.
HB 2722 would remove the financial limitations on how many design build projects may be undertaken by the Division of Highways.
HB 2731 would clarify that only civil actions with controversial amounts exceeding $7,500 must be heard in circuit court, except in actions relating to real estate installment sales contracts or actions confined exclusively by the Constitution to some other tribunal.
HB 2846 would include high school students participating in a competency-base pharmacy technician education and training program, as persons qualifying to be a pharmacy technician trainee.
The Senate also passed eight bills to be sent to the House for concurrence.
HB 2620 would create a central repository of drug overdose information in West Virginia.
The bill was advanced to second reading, where Senator Charles Trump, R-Morgan, amended the bill on behalf of the Senate Judiciary Committee to make provisions related to the creation of the Office of Drug Control Policy in the DHHR, as well as add certain reporting requirements and give the DHHR authority over making necessary rules to implement the bill’s provisions.
Members of the Senate voted to override constitutional rules to move the bill to third reading, allowing the bill to then be passed.
HB 2684 would impose penalties for repeat violations of the prohibition on driving under the influence on a suspended license by persons under the age of twenty-one.
HB 2704 would prohibit persons convicted of sexual offenses against children with whom they hold positions of trust from being employed by any educational, vocational, training, day care, group home, foster care program, or rehabilitation facility in the state.
HB 2781 would amend the effective dates for the voter identification and registration provisions adopted in the 2016 legislative session and to eliminate the requirement that DMV forward information to the Secretary of State for persons who decline to be registered to vote.
HB 2887 would authorize Boards of Governors of institutions of higher education to develop retirement and incentive packages.
HB 2936 would eliminate master contracts that agencies may currently use to purchase certain commodities.
HB 3020 would provide that the penalty for hunting, trapping or fishing on the lands of another, entering upon posted lands or destroying posted land signs shall be equivalent to the penalty for criminal trespass.
The bill had been advanced with the right to amend. Senator Mark Maynard, R-Wayne, amended the bill on behalf of the Senate Natural Resources Committee to add provisions related to wildlife resources and law enforcement measures.
HB 3096 would allow more local review and control over the operation of, and setting rates, fees and charges for, water and sewer utilities that are owned by political sub-divisions of the state.
The bill had been advanced with the right to amend. Senator Craig Blair, R-Berkeley, amended the bill on behalf of the Senate Government Organization Committee to add a new paragraph relating to the process by which a customer may challenging changed rates, as well as clarify new term definitions.
The Senate is in recess until 9:45 p.m. this evening.
The Senate has completed legislation on a bill that would prohibit the use of a tanning device by a person under the age of eighteen.
The bill, HB 2520, will now be sent to the governor for enaction.
The Senate passed eight bills to be sent to the House for concurrence.
HB 2109 would include a municipal land bank as an agency within the West Virginia Land Reuse Agency Authorization Act and that a municipal land bank may acquire tax delinquent property.
HB 2359 would align the criminal penalties of practicing osteopathic medicine with those of practicing allopathic medicine.
HB 2552 would increase the pet food registration fee and direct that the additional money to the West Virginia Spay Neuter Assistance Fund.
HB 2637 would extend the date for expiration of provisions related to the employment of a retired teacher as a substitute beyond the post-retirement limit in areas of critical need and shortage to June 30, 2020.
HB 2648 would increase criminal penalties for individuals convicted of manufacturing, delivering, or transporting controlled substances in the presence of a minor.
HB 2674 would provide access to and receipt of certain information regarding protected persons by certain relatives of the protected person.
HB 2675 would designate the placement of nonpartisan judicial offices on the primary election ballot.
HB 2851 would update fee structure provisions for broker-dealers, agents, investment advisers and certain securities offerings and opinions, as well as increase the associated fund cap.
The bill had been advanced to third reading with the right to amend. Senator Mike Hall, R-Putnam, amended the bill on behalf of the Senate Finance Committee to add certain provisions to a section in the bill relating to the State Auditor’s duties.
Of those bills on third reading, HB 2651 was referred to the Senate Rules Committee. The bill would require nationally normed standardized achievement tests to be administered to nonpublic students between the ages of seven and 17.
The Senate amended House amendments to Senate Bills 27, 220, 441 and 630, which will now be sent back to the House for concurrence.
The Senate is in recess until 6 p.m. this evening.
The Senate has passed five bills to be sent to the House for concurrence.
HB 2196 would allow for the participation of home schooled students in certain secondary school activities.
HB 2711 would abolish Regional Education Service Agencies (RESA) and funding by July 1, 2017, and provide authority for county school systems to share services, modify school accreditation and accountability measures, alter school and school system intervention procedures and requirements and reduce statewide student assessment requirements.
HB 2801 would expire $101.7 million to the General Revenue Fund from the Revenue Shortfall Reserve Fund (Rainy Day Fund).
HB 2935 would establish the state Flood Protection Planning Council and a Joint Legislative Committee on Flooding.
HB 3103 would expire $2.7 million to the General Revenue Fund for the Department of Health and Human Resources from the Revenue Shortfall Reserve Fund (Rainy Day Fund).
The Senate also refused to recede their amendments to House Bills 2589, 2631 and 2805, and sent the bills into conference committees to reconcile differences between the Senate and House on the bills.
The Senate is in recess until 3:25 p.m. this afternoon.
The Senate has completed legislation on nine bills now to be sent to the governor for further action.
SB 174 would eliminate the jurisdiction of the Public Service Commission over the transportation of household goods.
SB 239 would protect an employee’s wages or salaries from being withheld or diverted for political activities without the express, written authorization of the employee.
SB 388 would identify additional persons who may possess firearms on school property in parking lots or other traffic areas near the school.
SB 523 would make statutory changes related to converting to a biweekly pay cycle from a monthly or semimonthly cycle for state employees.
SB 547 would modify fees to be paid to the Secretary of State.
SB 622 would require the Tax Commissioner to issue a certificate of release of lien upon the expiration of ten years from the date a tax, additions to the tax, or penalties and interest are due and payable.
SB 656 would allow ACT or the College Board to only receive payment or other consideration for certain information if they secure the affirmative written consent of the parent or student, given in response to clear and conspicuous notice, solely for providing the student access to employment, educational scholarships or financial aid and post-secondary educational opportunities.
SB 686 would exempt facilities providing direct patient care that are managed, directed, controlled and governed by the Secretary of the Department of Health and Human Resources. from the otherwise required oversight and review by the Purchasing Division of the Department of Administration, and require the Legislative Auditor to audit purchasing made by such facilities and report the findings to the Joint Committee on Government and Finance.
SB 691 would define “off-highway vehicle” and “off-road vehicle,” and create a digital road map that may be searched by road and vehicle type.
The Senate passed a bill that would modify the law requiring parental notification of abortions performed on unemancipated minors.
The bill, HB 2002, had been advanced with the right to amend. Health Chair Tom Takubo, R-Kanawha, amended the bill on behalf of the Senate Health and Human Resources Committee to make changes regarding certain term definitions, the time period for notifications and the waiver process.
Senator Corey Palumbo, D-Kanawha, proposed an amendment to the Health amendment that would restore a “tightened,” revised physician waiver option to the bill, rather than only offering a judicial waiver in the bill. The amendment was rejected, since most senators felt it would overcomplicate the waiver procedure. Those who supported the bill said it would simply provide more support and protection for girls who may be better benefitted by a physician’s opinion on parental notification.
The Senate refused to concur with House amendments to Senate Bills 202 and 621, which will now be sent back to the House.
The Senate amended House amendments to Senate Bills 116, 134, 333, 441 and 606 and Senate Joint Resolution 6 to be sent back to the House for concurrence.
The Senate refused to recede their amendments to Senate Bills 172, 204, 224 and 554 and House Bills 2329, 2579 and 2585. All bills, except for SB 172, were then referred to conference committees to reconcile differences between the Senate and House on the bills.
The Senate is in recess until 2 p.m. this afternoon.
The House of Delegates convened this morning and passed bills during their final day of the Regular Session.
House Bill 2759 would create a Statewide Interoperable Radio Network. The bill was concurred with and passed.
House Bill 2962 would enlarge the authority of the Tax Commissioner to perform background investigations of employees and contractors. The bill was concurred with and passed.
House Bill 2967 relates generally to administration of estates and trusts. The bill was concurred with and passed.
House Bill 2980 relates to civil filing fees for multiple defendant civil action. The bill was concurred with and passed.
Senate Bill 362 would authorize a redirection of certain amounts to General Revenue Fund.
House Concurrent Resolutions 124, 126 and 128 were adopted.
Senate Bill 25 would create a farm-to-food bank tax credit. The bill was passed.
Senate Bill 219 relates to conspiracy to commit crimes under the Uniform Controlled Substances Act. It would create stricter punishments for those committing conspiracy in regards to harder substances in order to go after kingpins.
Delegate Fast (R-Fayette) attempted to amend the bill on third reading but the movement was rejected with a vote of 11 yeas and 89 nays.
House Bill 2447 would rename the Court of Claims the State Claims Commission. The bill was passed.
The Rules committee meets at 12:45 p.m.
The House is in recess until 1 p.m.
Update:
Upon recommencement the House of Delegates concurred with and passed more bills.
House Bill 2601 relates to municipal policemen’s or municipal firemen’s pension and relief funds.
House Bill 2679 relates to the possession of firearms in parks and park facilities.
House Bill 2683 relates to the West Virginia Insurance Guaranty Association Act.
House Bill 2702 relates to exceed absences for personal illness from school.
House Bill 2720 would allow the School Building Authority to transfer funds allocated into the School Construction Fund.
House Bill 2739 relates to supplemental Medicaid provider reimbursement.
House Bill 2771 relates to temporary teaching certificates for Armed Forces spouses.
House Bill 2815 relates to higher education governance.
House Bill 2857 would create the West Virginia Safer Workplaces Act.
House Bill 2897 would raise the amount required for competitive bidding of construction contracts by the state and its subdivisions.
House Bill 3018 would add the definition of correctional employee to the list of persons against whom an assault is a felony.
House Bill 3093 would establish Broadband Enhancement and Expansion Policies.
Senate Bill 240 would create the crime of nonconsensual distribution of sexual images.
Conference committees were created for House Bill 2329 and House Bill 2579.
The House also listened to intern speeches and gave awards.
The House is in recess until 4 p.m.
Update:
Upon recommencement the House of Delegates concurred with and passed more bills.
House Bill 2002 relates to parental notification of abortions performed on emancipated minors.
House Bill 2711 would abolish regional educational service agencies and provide for the transfer of their property and records.
House Bill 2402 relates to abandoned antique vehicles.
House Bill 2428 would establish additional substance abuse treatment facilities.
House Bill 2479 would create the Uniform Deployed Parents Custody and Visitation Act.
House Bill 2526 would classify additional drugs to Schedules I, II, IV, and V of controlled substances. The bill was amended and returned to the Senate.
House Bill 2589 and House Bill 2631 were appointed to conference committees.
The House is in recess until 5:45 p.m.
Update:
Upon recommencement the House of Delegates concurred with and passed more bills.
House Bill 2804 would remove chiropractors from the list of medical professions required to obtain continuing education on mental health conditions common to veterans and family members.
House Bill 2935 relates to state flood protection planning.
House Bill 3080 would require instruction in the Declaration of Independence and the United States Constitution.
Senate Bill 333 require all DHHR-licensed facilities access the WV Controlled Substances Monitoring Program Database.
Senate Bill 606 relates to minimum wage and maximum hours for employees.
House Bill 2219 would authorize miscellaneous boards and agencies to promulgate legislative rules.
House Bill 2359 relates to offenses and penalties for practicing osteopathic medicine without a license.
House Bill 2520 would prohibit the use of a tanning device by a person under the age of eighteen.
House Bill 2552 would increase the pet food registration fee and directing that the additional money be deposited into the West Virginia Spay Neuter Assistance Fund.
House Bill 2801 would expire funds to the unappropriated balance in the State Fund from the Department of Revenue, Office of the Secretary – Revenue Shortfall Reserve Fund.
House Bill 3030 relates to appeals as a matter of right in the West Virginia Supreme Court of Appeals.
House Bill 3103 would make a supplementary appropriation to the Department of Health and Human Resources.
Senate Bill 134 would authorize the Bureau of Commerce to promulgate legislative rules.
Senate Bill 441 would establish a Municipal Home Rule Pilot Program.
Senate Joint Resolution 6 would adopt the Roads to Prosperity Amendment of 2017.
House Bill 2721 was sent out of the conference committee and was adopted.
House Bill 2722 was sent out of the conference committee and was adopted.
House Bill 2805 would find and declare certain claims against the state and its agencies to be moral obligations of the state.
House Bill 2109 relates to the West Virginia Land Reuse Agency Authorization Act.
House Bill 2637 relates to employment of retired teachers and prospective employable professional personnel in areas of critical need and shortage.
The House is in recess until 9 p.m.
Update:
The House of Delegates recommenced and concurred with and passed more bills.
House Bill 2303 would increase the criminal penalties for littering.
House Bill 2674 relates to access to and receipt of certain information regarding a protected person.
House Bill 2851 would update the fee structure provisions for broker-dealers.
House Bill 3096 relates to the operation and regulation of certain water and sewer utilities owned or operated by political subdivisions of the state.
Senate Bill 116 would authorize MAPS promulgate legislative rules.
Senate Bill 444 would establish the Court Advanced Technology Subscription Fund.
Senate Bill 630 would establish the Accessibility and Equity in Public Education Enhancement Act.
House Bill 2631 relates to time standards for disposition of complaint proceedings.
House Bill 2001 relates to ethics and transparency in government.
House Bill 2196 relates to the secondary schools athletic commission.
House Bill 2684 would impose penalties for repeat violations of the prohibition against driving under the influence on a suspended license.
House Bill 2704 would prohibit persons convicted of sexual offenses against children with whom they hold positions of trust from holding certification or license valid in public schools.
House Bill 2579 was sent out of the conference committee and was adopted. The bill would increase the penalties for transporting controlled substances.
House Bill 2585 was sent out of the conference committee and was adopted. The bill would create a felony crime of conducting financial transactions involving proceeds of criminal activity.
House Bill 2329 was sent out of the conference committee and was adopted. The bill would prohibit the production, manufacture or possession of fentanyl.
House Bill 2589 was sent out of the conference committee and was adopted. The bill would permit students who are homeschooled or attend private schools to enroll and take classes at the county’s vocational school.
The House is in recess until 11 p.m. to caucus.
Update:
The House of Delegates recommenced and concurred with and passed more bills.
House Bill 2781 would require a person desiring to vote to present documentation identifying the voter to one of the poll clerks.
House Bill 2648 would increase penalties for the manufacturing or transportation of a controlled substance in the presence of a minor.
House Bill 2620 would create the West Virginia Drug Overdose Monitoring Act.
House Bill 3022 relates to the reporting of fraud, misappropriation of moneys, and other violations of law to the commission on special investigations.
Senate Bill 204 would require persons appointed to fill vacancy by Governor have same qualifications for vacated office and receive same compensation and expenses.
Senate Bill 224 would repeal the requirement for employer’s bond for wages and benefits.
Senate Bill 554 relates to false swearing in legislative proceedings.
Senate Bill 172 would eliminate salary for Water Development Authority board members.
Senate Bill 76 would create the WV Second Chance for Employment Act.
The House is adjourned until 12:15 a.m. tomorrow.
The Senate has refused to concur with the House amendments on a bill that would establish a new special revenue fund to collect and remit moneys to the Court Advanced Technology Subscription Fund in the State Treasury for the use of certain advanced technology provided by the judiciary.
The bill, SB 444, will now be sent back to the House with the request that they recede from their amendments, since they were found to have deviated from the bill’s original purpose.
Members of the Senate also approved a bill on third reading, HB 3020, to lie over for one day in third reading with the right to amend. The bill would provide that the penalty for hunting, trapping or fishing on the lands of another, entering upon posted lands or destroying posted land signs shall be equivalent to the penalty for criminal trespass.
The Senate has advanced 12 more bills to second reading.
HB 2018 is the House budget bill, which would make more than $50 million in spending cuts and raise nearly $137 million in tax revenues by eliminating certain sales tax exemptions.
Majority Leader Ryan Ferns, R-Ohio, motioned for the bill to be advanced to third reading with the right to amend.
HB 2799 would prohibit the superintendent of schools from requiring a physical examination to be included to the application for a minor’s work permit, unless it is required by the prospective employer, and remove the requirement that the superintendent of schools certify that the minor appeared before him or her.
HB 2801 would expire $101.7 million to the General Revenue Fund from the Revenue Shortfall Reserve Fund (Rainy Day Fund).
Finance Chair Mike Hall, R-Putnam, amended the bill on behalf of the Senate Finance Committee to reconcile the differences between the House and Senate versions of the bill.
HB 2846 would include high school students participating in a competency-base pharmacy technician education and training program, as persons qualifying to be a pharmacy technician trainee.
HB 2851 would update fee structure provisions for broker-dealers, agents, investment advisers and certain securities offerings and opinions, as well as increase the associated fund cap.
Majority Leader Ferns motioned for the bill to be advanced to third reading with the right to amend.
HB 2935 would establish the state Flood Protection Planning Council and a Joint Legislative Committee on Flooding.
Government Organization Chair Craig Blair, R-Berkeley, amended the bill on behalf of the Government Organization Committee to eliminate the proposed State Flood Protection Planning Council, among other modifications.
HB 2936 would eliminate master contracts that agencies may currently use to purchase certain commodities.
Senator Blair amended the bill on behalf of the Government Organization Committee to include the Office of Technology in the bill’s provisions and provide language related to reciprocal preference.
HB 3061 would encourage a limited cohort of no more than 20 schools to implement mastery-based education through the federal “Innovation In Education” program.
HB 3095 would allow retired teachers to be employed by a higher education institution, the Higher Education Policy Commission or the Council for Community and Technical College Education without forfeiting their retirement.
HB 3096 would allow more local review and control over the operation of, and setting rates, fees and charges for, water and sewer utilities that are owned by political sub-divisions of the state.
Senator Blair motioned for the bill to be advanced to third reading with the right to amend.
HB 3103 would expire $2.7 million to the General Revenue Fund for the Department of Health and Human Resources from the Revenue Shortfall Reserve Fund (Rainy Day Fund).
Senator Hall amended the bill on behalf of the Senate Finance Committee to make technical corrections.
The Senate Rules Committee will meet immediately following adjournment.
The Senate is adjourned until 11 a.m. tomorrow
