Blog – Page 184

Senate Completes Legislation on Bill to Establish Public Health Pilot Project

Senate Floor Session

admin

-

April 7, 2017

The Senate has completed legislation on three House bills now to be sent to the governor for enaction.

HB 2724 would establish a community-based pilot project to promote public health through comprehensive community development in communities across West Virginia, and support this project through the Herbert Henderson Office of Minority Affairs.

HB 2850 would limit products liability actions against a seller other than the manufacturer except in limited circumstances.

HB 3064 would permit the Division of Highways to issue annual permits allowing vehicles of a size and weight exceeding certain specifications to operate over specified routes designated by the commissioner.

Of those bills up for completion, the Senate refused the House’s amendments to HB 2868 and put the bill into a conference committee to determine how to best amend the bill.

The Senate also passed ten bills to be sent to the House for concurrence.

HB 2702 would limit excused absences for personal illness or injury in the family to those of student’s parent, guardian or custodian and require a confirming statement from a medical provider to be given to the school no later than three days after the absence.

Senator Kenny Mann, R-Monroe, amended the bill to clarify certain language.

HB 2708 would allow persons with developmental disabilities to receive a base hunting license and to satisfy the training requirements through a modified training course, and authorizes those persons to lawfully hunt while accompanied and directly supervised by another hunter.

Natural Resources Chair, Senator Mark Maynard, R-Wayne, amended the bill on behalf of decisions made in the Senate Natural Resources Committee to incorporate the provisions of Senate Bills 325, 474 and 380 into the bill.

HB 2720 would permit the School Building Authority to transfer funds from the School Construction Fund into a special revenue account in the State Treasury.

HB 2804 would remove chiropractic physicians from the list of medical professionals required to complete continuing education in the area of mental health conditions common to veterans and family members of veterans.

HB 2857 would create the West Virginia Safer Workplaces Act to allow employers to test employees and prospective employees for drugs and alcohol.

HB 3018 would add the definition of correctional employee to the list of persons against whom an assault is a felony.

HB 3030 would clarify that appeals to the Supreme Court are a matter of right and that every party has an opportunity to be heard.

HB 3093 would establish Broadband Enhancement and Expansion Policies, move the existing Broadband Enhancement Council into a new chapter and authorize the establishment of cooperative associations for the purpose of obtaining internet services.

Government Organization Chair, Senator Craig Blair, R-Berkeley, amended the bill on behalf of decisions made in the Senate Government Organization Committee.

Senator Blair amended the Government Organization amendment to make technical corrections.

HB 3102 would permit the Secretary of Department of Health and Human Resources to sell Hopemont Hospital and its assets.

Of those bills on third reading, HB 2916 was referred to the Senate Rules Committee. The bill would have authorized supervising entities to authorize reserve deputies, ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearms.

The Senate then advanced 16 bills from second reading.

HB 2002 would modify the law requiring parental notification of abortions performed on unemancipated minors.

Majority Leader Ryan Ferns, R-Ohio, motioned for the bill to advance to third reading with the right to amend.

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.

Senator Blair amended the bill on behalf of the Senate Government Organization Committee to add several provisions relating to the acquisition of property, as well as a definition of “municipal land bank.”

HB 2196 would allow for the participation of home schooled students in certain secondary school activities.

Senator Mann amended the bill to make technical corrections to an original amendment to the bill from the Senate Education Committee.

Senator Patricia Rucker, R-Jefferson, further amended the bill to make a technical correction.

HB 2359 would align the criminal penalties of practicing osteopathic medicine with those of practicing allopathic medicine.

Judiciary Chair, Senator Charles Trump, R-Morgan, amended the bill on behalf of decisions made in the Senate Judiciary Committee to incorporate the provisions of HB 2630 into the bill.

HB 2520 would prohibit the use of a tanning device by a person under the age of eighteen.

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.

Senator Mann amended the bill on behalf of the Senate Education Committee to create a new section related to regular employment status for prospective employable professional personnel.

HB 2648 would increase criminal penalties for individuals convicted of manufacturing, delivering, or transporting controlled substances in the presence of a minor.

Senator Trump amended the bill on behalf of the Senate Judiciary Committee to add a new section specifically addressing situations of child neglect by voluntary intoxication.

HB 2651 would require nationally normed standardized achievement tests to be administered to nonpublic students between the ages of seven and 17.

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.

Senator Trump amended the bill on behalf of the Senate Judiciary Committee to add provisions related to the office of county surveyor, as well as add a subsection allowing voters to opt for “None of these candidates,” during presidential primary elections.

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.

Senator Trump amended the bill on behalf of the Senate Judiciary Committee to add language relating to second and third offenses.

HB 2694 would develop and implement a program to facilitate commercial sponsorship of rest areas, welcome centers and roads.

Majority Leader Ferns motioned for the bill to advance to third reading with the right to amend.

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.

Senator Trump amended the bill on behalf of the Senate Judiciary Committee to make technical corrections.

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.

Senator Mann amended the bill on behalf of the Senate Education Committee to make several modifications to the provisions of the bill, including the addition of language prohibiting the adoption of Common Core standards, prohibiting Smarter Balance or PARCC testing and establishing educational services cooperatives.

Senator Mann further amended the bill to make a technical correction.

HB 2745 would add provisions for the testing of applicants for the position of Advanced Care Technician for those municipalities which provide an advance life support ambulance service.

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.

Senator Trump amended the bill on behalf of the Senate Judiciary Committee to require the Division of Motor Vehicles to report to the Joint Committee on Government and Finance by January 1, 2018 with a full and complete list of all infrastructure they require to achieve the provisions of the bill.

Of those bills on second reading, HB 2620 was referred to the Senate Rules Committee. The bill would have created a central repository of drug overdose information in West Virginia.

The Senate is in recess until 6 p.m. this evening.

Senate Completes Legislation on Sunday Hunting Bill

Senate Floor Session

admin

-

April 7, 2017

0

The Senate has completed legislation on 14 bills and one resolution that will now be sent to the governor for enaction.

SB 187 would provide for confidentiality of medical records for patients’ physical, mental or emotional conditions.

SB 235 would provide that, after its initial registration, the annual registration fees of motorcycles are owed in the same month as the original registration to treat motorcycles the same as other motor vehicles.

SB 255 would reform the procedures for the appointment of county officials in the event of a vacancy.

SB 339 would create a legislative coalition to study and report to the Legislature on chronic pain management in the state.

SB 345 would allow hunting and trapping throughout the state on Sundays.

SB 360 would create a legislative coalition to study and report to the Legislature on diabetes in the state.

SB 402 would generally prohibit covenants from competing between physicians and hospitals.

SB 486 would change the rate of tax on eligible acute care hospitals for the 2018 fiscal year.

SB 490 would clarify the standard of liability for officers of a corporation.

SB 578 would establish a new fee structure for the furnishment of health care records, allow records to be furnished to a patient’s personal representative and establish a limit on the total fee allowable for the furnishment of a patient’s health care record.

SB 602 would create a uniform system of recording and indexing of fictitious names used by sole proprietors in this state.

SB 631 would clarify the process by which municipal governments may abate unsafe, unsanitary or dangerous dilapidated structures that are detrimental to the public safety or welfare.

HB 2619 would adopt the National Association of Insurance Commissioners’ Risk Management and Own Risk Solvency Assessment Model Act for implementation by West Virginia insurers so that they are better equipped to assess their financial condition and remain solvent.

HB 2948 would require certain state agencies to take final action on certain completed permit applications within thirty days if uncontested, or ninety days if contested, unless other timelines exist.

SCR 28 would request the Division of Highways to name a section of road from the Intersection of U. S. Route 219 and WV State Route 15 at Valley Head, West Virginia, south to the Pocahontas County line in Randolph County, the “U. S. Army SPC 4 Randall W. Arbogast Memorial Road.”

Of those bills sent back to the Senate for concurrence, the Senate refused the House’s amendments to SB 238, HB 2721 and HB 2722 because they interfered with the original intent. Subcommittees were formed to study how House Bills 2721 and 2722 could be better amended. All will be sent back to the House for concurrence.

The Senate also passed six amended bills to be sent back to the House for concurrence.

SB 240 would create the crime of distribution of nude and sexually explicit images when the person depicted has an expectation of privacy.

HB 2366 would require the selling of Jackie Withrow Hospital by the Secretary of the Department of Health and Human Resources.

HB 2428 would establish additional substance abuse treatment facilities.

HB 2546 would allow uniform costs to be deducted from an employee’s final paycheck if the uniform is not returned.

Judiciary Chair Charles Trump, R-Morgan, amended the bill on behalf of decisions made by the Senate Judiciary Committee to make several modifications relating to term definitions and provisions for “employer provided property.”

HB 2561 would provide flexibility for school systems in the use of school aid funds.

Majority Leader Ryan Ferns, R-Ohio, made a motion that the bill would be effective from passage, but the motion was rejected, since a two-thirds majority vote was not reached.

HB 2601 would provide a mechanism of correcting errors in payments to and from a municipal policemen’s or firemen’s pension fund and to provide a criminal offense for knowingly making a false statement in an attempt to defraud a municipal pension fund.

Of those bills on third reading, SB 476 was committed to the Senate Rules Committee and HB 2552 was laid over for one day.

A bill on second reading, HB 2887, was brought to the floor for amendments after its approval by the Senate Finance Committee this morning.

The bill would authorize Boards of Governors of institutions of higher education to develop retirement and incentive packages.

Finance Chair Mike Hall, R-Putnam, amended the bill on behalf of decisions made in the Senate Finance Committee to require PEIA to report back to the Joint Committee on Pensions and Retirement on the use of certain provisions in the bill.

The Senate is in recess until 2 p.m. this afternoon.

Resolution Honoring First Responders is adopted in House

House Floor Session

admin

-

April 7, 2017

0

The House of Delegate convened at 9 a.m. today. The Rules Committee moved SB 25, SB 219, SB 412, and SB 687 to the House Calendar. SB 76 was moved to the foot of the agenda. SB 239 was moved to the Special Calendar and to the foot of 3^rd reading.

Fifteen resolutions were adopted, of those were HR 13, HCR 18, and HCR 19.

HR 13 urges the United States Congress to keep America’s promise to our retired coal miners and widows and to pass the Miners Protection Act as soon as possible and provide the full measure of benefits these retirees were promised and have earned. The resolution was adopted on a of 99-0 vote.

HR 18 memorializes the life of the Honorable Otis Anderson Leggett, dedicated husband, father, grandfather, educator, administrator, statesman and public servant. The resolution was adopted

HR 19 recognizes and honors the heroic efforts of West Virginia first responders during the state’s unprecedented and historic flooding of June 2016. The resolution was adopted.

The House concurred with the Senate on HB 2839, which would update the schedules for legislative review of state departments and regulatory boards, and to outline the procedures and scope of reviews of departments, regulatory boards, agencies and programs.

On 3^rd Reading today, there were several bills and SJR 6.

SJR 6 would prose an amendment to the WV Constitution to authorize the Legislature to issue and sell state bonds not exceeding $1.6 billion to be used for improvement and construction of state roads. The resolution was adopted on a vote of 90-8.

SB 27 would permit certain microprocessed foods to be sold at farmer’s markets. It requires special labels state it was made in a WV Kitchen. There are regulations for being able to sell these foods and how to handle them. The bill passed 95-3.

SB 40 would require protocols for responding to after-school injuries or emergencies to be included in school crisis response plans. It will be made effective August 1, 2017. The bill was passed 98-0.

SB 202 would limit pawnbrokers from purchasing or receiving gift cards as a pawn.

According to Judiciary Chairman John Shott (R-Mercer), cards being pawned are often the resulted of organized shoplifting, where people steal and return the items for in store credit in the form of a gift card and then they pawn the gift card to get cash. This bill limits the amount of a pawned gift card to be $100 or less. The bill passed 69-28.

SB 220 would create a new felony offense for a drug delivery or dispensing that results in the death of another person and providing a felony criminal penalty. The bill creates to offenses; one for intent and one for failure to render assistance.

Delegate Rodney Miller (D-Boone) said he supports the bill because people have been partying and watched their “friends” over dose and die without doing anything to help.

Delegate Mike Pushkin (D-Kanawha) said he doesn’t think this is a great bill; it’s a sad bill. He said it doesn’t make him feel good voting for or against it. He said he doesn’t believe it will deter addicts from using and he believes it will just cause more addicts to be locked up, instead of receiving rehabilitation.

The bill passed the House 95-3.

SB 288 would change the penalties for child abuse or neglect resulting in death. Currently, the penalties are 10 to 40 years. This bill would increase them to 15 years to life, which the requirement of 15 years served. The bill passed 99-0.

SB 388 would allow those who are 21 with a concealed carry permit to have a firearm on school property in parking lots, driveways, and other vehicle areas. The bill passed 94-5.

SB 433 would permit counties to increase the excise tax from $1.10 to $1.65 on the privilege of transferring real property. The bill passed the House 63-37.

Committee Meetings Today

Rules: 1:45 p.m. behind the House Chamber

The House is in recess until 2 p.m.

Update:

The Rules Committee moved SB 687 back to the Special Calendar.

SB 444 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 passed the House 96-2.

SB 533 would provide that no wine or liquor excise tax will be collected on purchases of wine or intoxicating liquors in the original sealed package for resale, if the final purchase of the wine or intoxicating liquor is subject to the excise tax. The bill passed 95-1.

SB 535 would reorganize the Division of Tourism. The bill would rename the Division of Tourism as the new West Virginia Tourism Office. It would transfer certain powers and duties of the Tourism Commission to the Office. The bill would restructure the Tourism Advertising Partnership Program as a cooperative advertising program administered by the new West Virginia Tourism Office and give the Executive Director all authority for expenditures of funds in the Tourism Promotion Fund. The bill passed 96-4.

SB 547 would modify fees to be paid to the Secretary of State, making fees for Limited Liability Companies to be consistent with Corporations, adding a voluntary fee for businesses to expedite services to be provided by the Secretary of State, providing the Secretary of State may change fees by legislative rule, and removing statutory caps imposed on retaining funds of the office. It would increase the fee to incorporate to $100 and change the election cycle subscription service from $6,000 to $3,000. The bill passed 87-13.

SB 637 would permit certain private club licensees that operate tourist destination and resort facilities to obtain one private resort license for the sale of alcoholic liquors throughout the licensed premises whether inside a building or outside in public view, and further to permit 17-year-old patrons to enter the licensed premises unaccompanied by a parent or legal guardian at private resorts, subject to certain conditions, and certain private clubs with designated non-alcohol areas. The bill passed the House 97-3.

SB 687 would provide that moneys be paid from special reclamation water trust fund to assure a reliable source of capital and operating expenses for the treatment of discharges from forfeited sites. It would modify notification requirements for pre-blast surveys for surface mining operations and certain other blasting activities, as well as minimum bond requirements related to certain reclamation work. It would provide for changes to the method of plugging abandoned gas wells where a coal operator intends to mine through the well. The bill would authorize the elimination of the Board of Miner Training, Education and Certification, the Mine Inspectors’ Examining Board, and the Mine Safety Technology Task Force, and transfers the duties from those boards and task force to the Board of Coal Mine Health and Safety. The bill passed in the House.

SB 691 would define off-highway vehicle and off-road vehicle, and to create a digital road map that may be searched by road and vehicle type. The bill passed 100-0.

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. The bill would make clear that it is unlawful for any person to coerce or intimidate any employee into making a political contribution or engaging in political activities. The bill would make it an unfair labor practice for any labor organization to use agency shop fees paid for by nonmembers for contributions or expenditures to influence an election without the authorization of the individual.

Shot said if the employer deducts an unauthorized deduction from the wages, the employee can sue for twice the deduction and authorizes fees.

Delegate Chad Lovejoy (D-Cabell) said he’s worried about the unintended consequences of this bill. He said it affects charities even though it isn’t intended.

The bill passed the House 51-49.

The House is in recess until 6:30 p.m.

Update:

The House reconvened at 6:30 p.m. to accept messages from the Senate.

The House voted to override the Governor’s veto on SB 330.

House concurs with Senate on HB 3048 and SB 28.

SB 76 would create the West Virginia Second Chance for Employment Act. The bill would expand eligibility for criminal expungement to persons convicted of certain nonviolent felonies. It was amended so that you can apply to get a felony reduced to a misdemeanor if you cannot get it expunged. The bill passed and is now sent to the Senate for further consideration.

The House is adjourned until 10 a.m. tomorrow.

Judiciary will meet at 9 a.m. in 410M

Rules will meet at 9:45 a.m.

Higher Education Retirement Bill Approved in Senate Finance

Senate Floor Session

admin

-

April 7, 2017

0

The Senate Finance Committee has approved a bill that would authorize Boards of Governors of institutions of higher education to develop retirement and incentive packages.

The bill, HB 2887, was previously reported out of the Senate Education Committee with the recommendation that it pass.

Fiscal notes from PEIA and the Higher Education Policy Commission indicate no costs to the state, but the Consolidated Public Retirement Board (CPRB) shows that costs would raise by $222,000 annually for the commission, forcing them to slightly raise fees for all participating employers.

Jeff Fleck, executive director of the CPRB, said the other fiscal notes do not take into consideration individuals who retire when they are older than 65, which raises costs.

However, Finance Chair Mike Hall, R-Putnam, said not all those eligible for the retirement packages would utilize them past age 65, which would significantly reduce the CPRB’s estimated cost.

The bill is on second reading and will be considered for third reading once reported to the full Senate today.

The committee is not expected to meet again this session.

Senate Passes Statewide Interoperable Radio Network Bill

Senate Floor Session

admin

-

April 6, 2017

0

The Senate has passed a bill that would create the Statewide Interoperable Radio Network.

The bill, HB 2759, was initially on second reading until Majority Leader Ryan Ferns, R-Ohio, motioned for the bill to surpass constitutional provisions and be considered on third reading for passage.

Finance Chair Mike Hall, R-Putnam, had amended the bill in second reading on behalf of the Senate Finance Committee to make technical corrections.

The Senate also reconsidered its actions on two bills now to be sent to the House for further consideration.

SB 28 would create a new system for three or more contiguous counties to create a regional recreation authority for off-highway vehicle trail riding and for other recreational purposes.

The Senate had originally concurred with the House amendments to the bill, but Majority Leader Ferns made amendments to the bill on behalf of the Senate, sending the bill back to the House for concurrence.

HB 2683 would modify the scope and construction of the West Virginia Guaranty Association Act.

The Senate had originally passed the House bill unamended, but Majority Leader Ferns made amendments to the bill on behalf of the Senate, sending the bill back to the House for concurrence.

Earlier in the session, the Senate advanced 19 bills from second reading.

HB 2366 would require the selling of Jackie Withrow Hospital by the Secretary of the Department of Health and Human Resources.

Health Chair Tom Takubo, R-Kanawha amended the bill on behalf of the Senate Health and Human Resources Committee to require a new 90-bed facility to be built in place of the hospital.

HB 2428 would establish additional substance abuse treatment facilities.

Senator Takubo amended the bill on behalf of the Senate Health and Human Resources Committee to provide for private insurance and private pay in the facilities.

HB 2546 would allow uniform costs to be deducted from an employee’s final paycheck if the uniform is not returned.

Majority Leader Ferns motioned to advance the bill to third reading with the right to amend.

HB 2552 would increase the pet food registration fee and direct that the additional money to the West Virginia Spay Neuter Assistance Fund.

Agriculture Chair Dave Sypolt, R-Preston, amended the bill on behalf of the Senate Agriculture and Rural Development Committee to reduce the fees by half and expire them after ten years.

HB 2561 would provide flexibility for school systems in the use of school aid funds.

Senator Charles Trump, R-Morgan, amended the bill to make several modifications throughout the bill.

Senator Greg Boso, R-Nicholas, proposed an amendment to Senator Trump’s amendment related to changing comprehensive education facility plans, but the amendment to the amendment was rejected when Senate President Mitch Carmichael, R-Jackson, determined it was not germane to the bill.

HB 2601 would provide a mechanism of correcting errors in payments to and from a municipal policemen’s or firemen’s pension fund and to provide a criminal offense for knowingly making a false statement in an attempt to defraud a municipal pension fund.

Pensions Chair Ed Gaunch, R-Kanawha, amended the bill on behalf of the Senate Pensions Committee to change the criminal offense from a felony to a misdemeanor.

Senator Hall further amended the bill to strike language that is inconsistent with other language in the Code.

HB 2708 would allow persons with developmental disabilities to receive a base hunting license and to satisfy the training requirements through a modified training course, and authorizes those persons to lawfully hunt while accompanied and directly supervised by another hunter.

Majority Leader Ferns motioned to advance the bill to third reading with the right to amend.

HB 2720 would permit the School Building Authority to transfer funds from the School Construction Fund into a special revenue account in the State Treasury.

Education Chair Kenny Mann, R-Monroe, amended the bill on behalf of the Senate Education Committee to make technical corrections.

HB 2724 would establish a community-based pilot project to promote public health through comprehensive community development in communities across West Virginia, and support this project through the Herbert Henderson Office of Minority Affairs.

HB 2804 would remove chiropractic physicians from the list of medical professionals required to complete continuing education in the area of mental health conditions common to veterans and family members of veterans.

Military Chair Ryan Weld, R-Brooke, amended the bill on behalf of the Senate Military Committee to clarify certain language.

HB 2850 would limit products liability actions against a seller other than the manufacturer except in limited circumstances.

HB 2857 would create the West Virginia Safer Workplaces Act to allow employers to test employees and prospective employees for drugs and alcohol.

Senator Mike Romano, D-Harrison, amended the bill to prevent observation of an employee’s urine sample for drug or alcohol tests by someone of the opposite sex.

HB 2916 would authorize supervising entities to authorize reserve deputies, ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearms.

Senator Morgan, Judiciary Chair, amended the bill on behalf of the Senate Judiciary Committee to clarify certain language, as well as adding provisions related to ambulance crews, firefighters and emergency medical service personnel.

Senator Mike Azinger, R-Wood, made an amendment to the Judiciary amendment to add a section allowing the Attorney General’s investigators to carry firearms.

HB 3018 would add the definition of correctional employee to the list of persons against whom an assault is a felony.

Senator Trump amended the bill on behalf of the Senate Judiciary Committee to adjust the definition of a “correctional employee.”

Senator Romano made an amendment to the Judiciary amendment to include the Division of Juvenile Services in the bill’s provisions.

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.

Majority Leader Ferns motioned to advance the bill to third reading with the right to amend.

HB 3030 would clarify that appeals to the Supreme Court are a matter of right and that every party has an opportunity to be heard.

Senator Trump amended the bill on behalf of the Senate Judiciary Committee to broaden the bill’s language and add a new section relating to appeals regarding revoking or suspending the person’s driver’s license

HB 3064 would permit the Division of Highways to issue annual permits allowing vehicles of a size and weight exceeding certain specifications to operate over specified routes designated by the commissioner.

Senator Robert Plymale, D-Wayne, proposed an amendment to the bill to maintain the Legislature’s authority over the bill’s provisions, instead of delegating them to the commissioner of highways. The amendment was rejected, since some senators felt the Legislature lacks the same knowledge in such processes as the Division of Highways does and that the added Legislative oversight would unnecessarily slow the permit process down.

HB 3093 would establish Broadband Enhancement and Expansion Policies, move the existing Broadband Enhancement Council into a new chapter and authorize the establishment of cooperative associations for the purpose of obtaining internet services.

Majority Leader Ferns motioned to advance the bill to third reading with the right to amend.

HB 3102 would permit the Secretary of Department of Health and Human Resources to sell Hopemont Hospital and its assets.

Senator Takubo amended the bill on behalf of the Senate Health and Human Resources Committee to make provisions related to the selling of Hopemont Hospital.

Of those bills, HB 2801 was requested to lie over in second reading for one day. The bill would expire funds to the unappropriated balance in the General Revenue Fund from the Department of Revenue’s Revenue Shortfall Reserve Fund.

All bills on first reading were advanced to second reading.

Committee Meetings Tomorrow

Finance: 9:30 a.m. in 451M

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

House Amends Bills on Second Reading

House Floor Session

admin

-

April 6, 2017

0

The House met this afternoon to amend bills on second reading.

Senate Bill 116 would authorize MAPS to promulgate legislative rules and was amended to include a rule that was previously overlooked.

Senate Bill 174 would exempt the transportation of household goods from PSC jurisdiction and was amended technically.

Senate Bill 187 would provide for confidentiality of patient’s’ medical records and was amended to include certain records. The bill was put on third reading upon the amendment and was passed.

Senate Bill 202 relates to pawnbrokers generally. The bill would prevent those who shoplift and return the items to receive gift cards from pawning gift cards. The bill was amended to make it so that pawnshops can’t receive gift cards over $100 or a total of $300 in the span of a month.

Senate Bill 235 relates to motorcycle registration renewal. The bill was amended and then passed.

Senate Bill 238 would increase the tax credits allowed for rehabilitation of certified historic structures. The bill in its original form would make the credit go from ten percent to twenty-five percent. The bill was amended to make the change incremental and add some other qualifications. Delegate Nelson said many states use this, it has some caps, and could be used across the state. The bill was then put on third reading and was passed.

Senate Bill 233 would require all DHHR-licensed facilities be able to access the WV Controlled Substances Monitoring Program Database. The bill was amended so only relative information would need to be reported in the database.

Senate Bill 388 relates to dangerous weapons on public school property. The bill was amended to be more clear.

Senate Bill 433 would permit counties to increase the excise tax on privilege of transferring real property. Delegate Phillips (I-Logan) moved to amend the bill to make wind power facilities not be eligible for exemptions of the excise tax.

“This would repeal a statute from 2001. If they can’t stay on their own two feet in 16 years, then we can’t be expected to prop them up any longer,” said Delegate Phillips.

The amendment was deemed not germane and was not adopted.

Senate Bill 440 relates to the use of Regional Jail and Correctional Facility Authority funds. The bill was amended.

Senate Bill 444 would establish the Court Advanced Technology Subscription Fund. The bill was amended to make it more clear.

Senate Bill 454 would provide more efficient collection and submission of state moneys received from court transactions or court services. The bill would streamline the collection process. The bill was not amended but was put on third reading and was passed.

Senate Bill 461 would exempt WV State Police from state purchasing requirements. The bill was not amended but put on third reading and passed.

Senate Bill 486 relates to health care provider taxes. The bill would raise additional revenue to provide hospitals with money that would be matched federally. The bill was not amended but was put on third reading and passed.

Senate Bill 523 would convert to a biweekly pay cycle for state employees. The bill was amended to provide more flexibility for the supplementary pay of State Police. The bill was then put on third reading and was passed.

Senate Bill 535 would reorganize the Division of Tourism. The bill was amended to stay in tune with other legislation.

Senate Bill 608 would clarify lawful business structures are unaffected by enactment of prohibitory legislation. The bill was not amended but put on third reading and was passed.

Senate Bill 622 relates generally to tax procedures and administration. The bill was amended to change rules on releases and to keep it consistent with other legislation.

Senate Bill 630 would establish the Accessibility and Equity in Public Education Enhancement Act. There was a strike and insert amendment.

Delegate Westfall (R-Jackson) amended the bill to give the ability so that students may be supervised by those who aren’t teachers during an online course.

Delegate Espinosa (R-Jefferson) said, “This amendment would make certain that a professional supervisor would be in the classroom during online instruction at the school.”

Delegate Moye (D-Raleigh) said, “This amendment would make it so teachers aren’t in the online classes. There needs to be a teacher available so if a student has questions, the teacher is available and can deal with that.”

“You still won’t need a teacher when it is done from home. This just monitors kids in school,” said Delegate Westfall (R-Jackson).

Delegate Wilson (R-Marshall) began speaking Spanish to Delegate Evans. Delegate Wilson then asked, “If you aren’t a Spanish teacher, what does it matter that a teacher is in the classroom instead of another person? It is obvious we don’t already have enough teachers already. Let us allow these other professionals to keep order in the classroom.”

Delegate Thompson (D-Wayne) said, “I take offense to the idea that teachers can’t help with other subjects. Teachers are taught to teach, not to only teach history, or math, or social studies.”

The amendment was adopted with a vote of 57 yeas to 40 nays.

The strike and insert amendment as presented by Delegate Ellington (R-Mercer) was adopted in a vote of 53 yeas and 44 nays.

Senate Bill 656 relates to Student Data Accessibility, Transparency and Accountability Act. The bill was amended for clarifications. The bill was also amended to let 15 year olds participate in sending their scores to colleges, scholarships, and financial aid. The bill was then put on third reading and was passed.

Senate Bill 658 would establish a procedure for retitling mobile and manufactured homes. The bill was not amended but put on third reading and passed.

Senate Bill 667 would limit the authority of the Attorney General to disclose certain information provided by the Tax Commissioner. The bill was not amended but put on third reading and was passed.

Senate Bill 686 would exempt facilities governed by DHHR that provide direct patient care. There was an amendment to keep it in line with other bills. The amendment was adopted.

Senate Bill 687 relates generally to coal mining, safety and environmental protection. The bill was amended to alter some dates to get logistics of the bill corrected.

Delegate Fleischauer (D-Monongalia) moved to amend the bill to keep aquatic monitoring in the bill.

Delegate Pushkin (D-Kanawha) said, “I don’t know a lot about fish and bugs, but once they are already dead before we monitor them, it is too late.”

Delegate Zatezalo (R-Hancock) said it doesn’t change water standards.

Delegate Marcum (D-Mingo) said, “Lets vote to reject the amendment and vote for coal and progress.”

Delegate Phillips (I-Logan) said, “West Virginia is the only state that has this law.”

Delegate Fleischauer (D-Monongalia) said, “This is not random language but has been in effect for several years. If you are in favor of the canaries in the coalmine, vote for this amendment.”

The amendment was rejected with 10 yeas and 88 nays.

Senate Bill 691 relates to off-road vehicles. The bill was amended to sync the bill with another bill for consistency and compatibility.

Senate Bill 27 relates to microprocessor permits. There was a strike and insert amendment to the bill. The amendment would allow processed foods to be sold in farmers markets. The food must be made in West Virginia and there are classes that must be taken to acquire the permit.

There was an amendment to the amendment by Delegate C. Miller (R-Cabell) that returned the bill to its original purpose. The amendment was passed.

There was another amendment that would let the Health department inspect the kitchen once a year.

The House is in Recess until 4:30 p.m.

Update:

The House of Delegates resumed their agenda of bills on second reading.

Senate Bill 412 relates to the WV Jobs Act reporting requirements.

The Committee on Government Organization moved an amendment.

Delegate G. Foster (R-Putnam) moved to amend the amendment to give construction companies an exemption to the bill so their information on contracts wouldn’t be available publicly.

Delegate Bates (D-Raleigh) said, “I just don’t see what the problem is with us knowing how much we are paying people for the projects the taxpayers of West Virginia are paying. I believe we should reject this amendment and reject the whole bill.”

Delegate Canestraro (D-Marshall) said, “We need to ask ourselves why the government would want to hide what we are paying people. This is shameful. We need to reject this amendment, it is junk.”

Delegate Diserio (D-Brooke) said, “This is another kick in the teeth to working West Virginians.”

Delegate Wilson (R-Berkeley) said, “We are protecting private citizen’s private information that work in private companies.”

Delegate G. Foster (R-Putnam) said, “This is protecting the individuals.”
Delegate Moore (R-Jefferson) said, “This is about personal privacy and I hope that everyone votes for this amendment.”

Delegate Fluharty (D-Ohio) said, “This flies in the face of everything I thought this body stands for as a whole, but especially on that side of the aisle. This is a red vote.”

The amendment failed with 31 yeas and 67 nays.

Delegate Thompson (D-Wayne) moved to amend the amendment. He said that the bill would give preference to those living in West Virginia. The amendment was rejected.

The committee’s amendment was then adopted.

House Bill 2364, House Bill 2446, House Bill 2494, House Bill 2619, House Bill 2839, House Bill 2961, House Bill 3037, Senate Bill 4, and Senate Bill 386 were all concurred with and then passed.

The committee on Rules meets at 8:45 tomorrow.

The House is adjourned until 9 a.m. tomorrow.

Senate Completes Legislation on Bill to Increase Conservation Officer Salaries

Senate Floor Session

admin

-

April 6, 2017

0

The Senate has completed legislation on a bill that would provide an increase in compensation for conservation officers.

The bill, SB 493, will now be sent to the governor for enaction.

The Senate also passed 36 bills to be sent to the House for further consideration.

SB 4 was sent to the House for concurrence with amendments made by the Senate. The bill would allow certain licensed professionals to donate their time to the care of the indigent and the needy and to allow them to gain credit for their time against continuing education requirements needed to maintain their license.

HB 2129 would state the legal right and authority of state or local law enforcement to enter public areas on or adjacent to any private club, or take other appropriate police action to enforce the underage drinking laws of this state.

HB 2195 would require county boards of education to implement comprehensive drug awareness and prevention programs for all student in grades K through 12.

HB 2348 would eliminate any requirement that class hours of students be consecutive when studying professions regulated by the board of Barbers and Cosmetologists.

HB 2402 would create a special procedure for a person in possession of an abandoned antique vehicle to apply for and receive title to the vehicle

HB 2494 would provide that statewide school report cards are only to be made available to custodial parents and guardians of students upon request instead of automatically being sent to the parents and guardians.

HB 2503 would update the rulemaking authority of the Board of Osteopathic Medicine.

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 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 2589 would require county boards of education to permit students who are homeschooled or attend private schools to enroll and take classes at the county’s vocational school.

HB 2603 would allow municipal plans that are funded at 125% or more to stop paying certain costs while it is so funded.

HB 2628 would clarify and strengthen the duties and powers of the Board of Medicine and the Board of Osteopathic Medicine with regard to evidence of serious misconduct by licensees and applicants for license under their respective jurisdictions.

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 2646 would terminate the Women’s Commission and discontinue its functions. Senators Patricia Rucker, R-Jefferson, and Sue Cline, R-Wyoming, both spoke in support of the bill’s passage.

HB 2691 would allow persons qualified by training to be a barber and a cosmetologist to elect to practice solely as a barber and maintain licensure by taking continuing education solely in subjects related to barbering.

HB 2709 would authorize the City of South Charleston to levy a special district excise tax for the benefit of the South Charleston Park Place Economic Opportunity Development District.

HB 2771 would provide for teaching certificates for teachers whose spouses are married to a member of the Armed Forces who is on active duty stationed in this state.

HB 2792 would require the Library Commission to survey libraries in this state in order to provide a report to the Governor and the Legislature regarding the status of libraries and to propose a ten-year maintenance and construction plan based on the needs of libraries in this state.

HB 2797 would clarify that there is statutory immunity for government agencies and officials from actions of third-parties using documents or records of governmental agencies for unlawful acts.

HB 2805 would declare certain claims against the state to be moral obligations of the state and to authorize payments from certain related funds.

HB 2815 would alter public education higher education governance and change the powers of the Higher Education Policy Commission, Council for Community and Technical College Education and other institutions of higher education.

HB 2833 would describe specific categories of information that must be included in the annual report of each professional licensing authority established in Chapter 30 of the West Virginia Code.

HB 2839 would update the schedules for legislative review of state departments and regulatory boards, and to outline the procedures and scope of reviews of departments, regulatory boards, agencies and programs.

HB 2869 would provide that certain state employees may be granted a leave of absence with pay while providing assistance as an essential member of an emergency aid provider during a declared state of emergency.

HB 2897 would raise the amount required for competitive bidding of construction contracts by the state and its subdivisions, public service districts, and sanitary boards to $50,000, and except public service districts from competitive bidding for emergency repairs.

HB 2941 would make clear that the DOH shall utilize the Attorney General for legal assistance and services.

HB 2961 would amend the procedure by which a charitable gaming licensee may appeal the Tax Commissioner’s sanctions against the licensee for violations of the charitable gaming laws, by allowing the licensee to petition the Office of Tax Appeals for an administrative hearing rather than the Tax Commissioner.

HB 2962 would enlarge the authority of the Tax Commissioner to perform background investigations of employees and contractors to make it possible for the Tax Commissioner to receive federal tax information for the Internal Revenue Service.

HB 2967 would remove the requirements for the State Tax Commissioner to administer the fiduciary supervisor/fiduciary commissioner qualifying test and annual training seminar, and transfer those responsibilities to the respective county commissions.

HB 2980 would add a $10 fee for each additional defendant plead in a civil action.

HB 3022 would require the reporting of fraud and misappropriation of funds to the Legislature’s Commission on Special Investigations.

HB 3037 would remove the Division of Energy as an independent agency and redesignate the Division of Energy as the Office of Energy within the Development Office of the Department of Commerce, and designate the Secretary of Commerce, or his or her designee, as Chair of the West Virginia Public Energy Authority Board.

HB 3048 would increase the cap mandated on the collection of Tier II fees for chemical inventories.

HB 3053 would clarify when a vehicle lighting unit is functional, permit additional lighting to be uncovered if such devices are dimmable and allow two auxiliary lights.

HB 3080 would institute a “Celebrate Freedom Week” for public schools and require the instruction in the study of the Declaration of Independence and other founding American historical documents, including the Bill of Rights, during this week.

Of those bills on third reading, SB 476 and HB 2702 were requested to lie over for one day.

Members of the Senate also adopted SR 71 to congratulate the St. Joseph’s Central High School girls’ basketball team for winning the 2017 Class A basketball championship, SR 72 to congratulate the Huntington High School girls’ basketball team for winning the 2017 Class AAA basketball championship and SR 73 to congratulate the Huntington High School boys’ basketball team for winning the 2017 Class AAA basketball championship.

Committee Meetings Today

Transportation and Infrastructure: 3 p.m. in 451M

Finance: 3:30 p.m. in 451M

The Senate is in recess until 4 p.m. this evening.

House Passes 17 Bills on Third Reading

House Floor Session

admin

-

April 6, 2017

0

The House of Delegates met today and passed 17 bills that were on third reading.

Senate Bill 134 would authorize the Bureau of Commerce to promulgate legislative rules.

Senate Bill 240 would create the crime of nonconsensual distribution of sexual images. The first offence would me a misdemeanor and punishable with a fine of up to $5,000 and incarceration. The second offense would be a felony and punishable with a fine of up to $10,000 and incarceration. The telecommunication services of which the images were distributed would be protected.

Senate Bill 255 relates generally to filling vacancies in elected office. The bill would implement that these offices be filled within 15 days.

Senate Bill 299 relates to the supplementing, amending, decreasing and increasing items of appropriations from State Road Fund to DOH. This would make certain that appropriate funds are used to help fix the damage to bridges and roads caused by last summer’s flooding.

Senate Bill 339 would create the Legislative Coalition on Chronic Pain Management.

Senate Bill 345 would allow certain hunting and trapping on private lands on Sundays.

Senate Bill 360 would create the Legislative Coalition on Diabetes Management.

Senate Bill 402 relates to covenants not to compete between physicians and hospitals.

Delegate Shott (R-Mercer) said the bill would make contracts between employers and physicians enforceable.

Senate Bill 441 would establish the Municipal Home Rule Pilot Program.

Senate Bill 490 would clarify the standard of liability for officers of corporation.

Senate Bill 578 relates generally to copies of health care records furnished to patients.

Senate Bill 602 would create a uniform system of recording and indexing fictitious names used by sole proprietors. The bill would standardize business partnership procedure and make it the Secretary of State’s responsibility instead of the county clerk’s.

Senate Bill 606 relates to minimum wage and maximum hours for employees.

Senate Bill 621 would provide certain rules inapplicable after county board of education notifies state board of possible closing or consolidations.

Senate Bill 631 would prosecute violations of municipal building code.

Senate Bill 636 would authorize the State Fire Commission to establish a program to address problems facing Volunteer Fire Departments.

Senate Bill 690 would authorize the WV State Police to impose and collect fees for agencies and entities using their facilities.

The House also passed many concurrent resolutions.

The House is in recess until 12:30 p.m.

Drug Overdose Database Bill Approved in Senate Judiciary

Senate Committee

admin

-

April 6, 2017

0

The Senate Judiciary Committee has approved eight bills and three originating concurrent resolutions to be reported to the full Senate with the recommendation that they pass.

HB 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.