Blog – Page 187

Judiciary Sends Cooperate Veil Bill to the Senate Floor

Senate Committee

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January 21, 2019

The Senate Judiciary Committee met Monday afternoon to discuss two bills on the agenda.

Senate Bill 258 relates to piercing the cooperate veil for Limited Liability Companies (LLC). The bill would not allow “veil piercing” claims to be used to impose personal liability on a member or manager of a limited liability company. The bill nullifies the West Virginia Supreme Court of Appeals decision in Joseph Kubican v. The Tavern, LLC.

There was a discussion on real world applications of the bill if it would pass. The Committee wanted to ensure every member knew the implications, and how the bill would impact court cases in the future. Some senators expressed concern on not holding members of LLCs accountable.

The bill passed on a 12-3 roll call vote, and was reported to the Senate to be voted upon.

Senate Bill 264 relates to requiring courts to order restitution to crime victims. The bill would include the Crime Victim’s Fund as an entity which may obtain reimbursement from defendants for money given a victim.

The bill was approved unanimously, and was referred to the Committee on Finance.

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Judiciary Passes Four Bills, Rejects One

House Committee

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January 21, 2019

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The House Judiciary Committee passed four bills and rejected one measure, which dominated discussion in the Monday afternoon meeting, relating to pyramid schemes.

House Bill 2198 provides new amended definitions and language relating to pyramid promotional schemes. This bill was highly discussed and much confusion was found in the bill’s new definitions and context. After questions had been asked and all discussion was finished, the committee voted not to pass the bill. Those against the bill argued that it would allow pyramid schemes already in place to thrive and would provide scapegoats for new pyramid schemes. Delegates also argued the language in the new bill was confusing and ambiguous and that it was a solution searching for a problem.

The committee reviewed a total of seven bills. One of these, discussed very briefly, was House Bill 2527, which relates to forgery and other crimes concerning lottery tickets. The committee advanced the bill and reported it to the House floor.

House Bill 2509 relates to theft of a controlled substance. This bill only adds clarification and some additional language. The committee advanced the bill and reported it to the House floor.

House Bill 2319 creates a state-administered wholesale drug importation program. The committee looked over this bill and voted to move the bill forward as a resolution for further study and research.

House Bill 2083 provides an identification card for released inmates who do not have a West Virginia identification card. Without having an identification card, it can be very hard for inmates once they are released, to find a job or set up a bank account. These identification cards would be temporary for 90 days, this would allow the inmates to go to a DMV and get their license. The committee voted to send this bill to the House but first go to Finance for further discussion.

House Bill 2446 relates to the Blue Alert plan. This bill would establish a Blue Alert plan in West Virginia and it is similar to silver and amber alerts. This program is already codified in more than 30 states. The program is voluntary and in order for the alert to be initiated, an officer must be killed, critically injured, or missing. The committee passed this bill and reported it to the House floor.

The last item on the agenda was House Bill 2467, which relates to permitting nonresidents to obtain state licenses to carry a concealed and deadly weapon. This bill was not discussed by the committee and instead it was recommended to a sub-committee.

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House Committee on Technology and Infrastructure Discusses Helmet Bill

House Committee

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January 21, 2019

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A House committee debated at length a bill that would allow certain people to drive a motorcycle without a helmet but ultimately, laid the bill over to the next meeting.

The House Committee on Technology and Infrastructure met Monday to consider several bills. However, discussion on House Bill 2070 dominated the meeting.

House Bill 2070 would allow people in the state of West Virginia to operate a motorcycle without a helmet providing that they’ve held a motorcycle license for at least two years and are 21 or older. This bill proved to be contentious in the committee meeting, and generated a lengthy discussion on the parameters and implications of the legislation.

Bruce Martin, a director of the West Virginia Board of Risk and Insurance Management, presented information regarding the legislation.

Martin used Florida as an example of a motorcycle helmet repeal, citing the number of motor vehicle accidents decreased significantly after the state stopped requiring their riders to wear helmets.

Martin stood in strong support of the bill, arguing his data showed “people just ride safer without the helmet.”

His argument centered on the idea that when motorcyclists wear helmets, they feel invincible and are more likely to engage in reckless behavior. Additionally, Martin told the committee the majority of traumatic brain injury cases are whiplash-related — thus, implicating the helmet as a factor in causing the brain injury.

“You’ll find that in a lot of cases, these helmets, which add an extra five pounds on average, are actually causing traumatic brain injury due to whiplash,” Martin said.

Some delegates questioned Martin at length, mentioning concerns of costs to West Virginia Medicaid, increasing insurance premiums, and general safety concerns for people.

Delegate Michael Angelucci, D-Marion, argued the passage of the amendment could become costly to West Virginia Medicaid.

Also present to provide data was Jill Rice, the President of the West Virginia Insurance Federation.

Rice presented information that countered against Martin’s directly, citing the state of Michigan.

“After Michigan repealed their helmet laws, injury claims in the state went up twenty-two percent,” Rice said.

Rice stated that the use of a motorcycle helmet increased a cyclists’ chances to not suffer from traumatic brain injury by three times.

Due to the lengthy and contentious debate that House Bill 2070 generated, the bill was laid over until the next House Technology and Infrastructure Committee meeting. The committee adjourned, leaving the following two bills on the agenda to be laid over as well.

Senate Recognizes Down Syndrome Awareness Day and Leadership Berkeley

Senate Floor Session

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January 21, 2019

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The Senate voted unanimously on Monday morning to adopt Senate Resolution 11 which declared Jan. 21, 2019 as Down Syndrome Awareness Day.

The Senate also voted unanimously to adopt Senate Resolution 13 which recognized Leadership Berkeley for their continued service, dedication, and commitment to Berkeley County. Members of the organization were recognized and presented the resolution during a brief recess.

Senate bills 17, 61, and 119 all passed on third reading, and were reported to the House.

Senate Bill 17 relates to probation eligibility for people who have been convicted of certain sexual offenses. The bill would allow a psychological exam in instead of a psychiatric exam.

Senate Bill 61 would add certain crimes for which prosecutor may apply for wiretap. There was a discussion between Senator Romano and Chairman Trump over the definition of treason, and how a person could commit treason against the state of West Virginia.

Senate Bill 119 relates to specifying documents not subject to discovery in certain proceedings.

Senate Bills 355 to 385 were introduced and reported to the appropriate committees.

The following committees will meet today:

Natural Resources at 1p.m. in 208W

Banking & Insurance at 2p.m. in 451M

Finance at 3p.m. in 451M

Judiciary at 3p.m. in 208W

The following committees will meet tomorrow:

Transportation & Infrastructure at 10a.m. in 451M

Education at 2p.m. at 451M

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House Passes Two Bills

House Floor Session

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January 21, 2019

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The House of Delegates convened Monday for the 13th day of the Regular Legislative Session, passing two bills.

The House passed Committee Substitute for House Bill 2190, which would modify bail requirements. This would allow for the release of people with certain misdemeanors, providing that they appear in court on their allotted date.

“On average, these people with nonviolent misdemeanors are held on an average of six days,” said Delegate John Shott, R-Mercer, a lead sponsor of the bill. “This greatly impacts their ability to hold onto their jobs.”

The House also passed House Bill 2311, which would stop requiring full year reportage of short term merchant licensees. Currently, statute requires that those who receive a short term license for selling goods temporarily within the state have to report those taxes throughout the entire year. This bill would only require them to report those expenses until the fees are paid off.

Bills introduced Monday included House Bill 2532, a bill that would allow West Virginia citizens to make $3, $5, or $10 donations to the West Virginia 4-H Foundation, the West Virginia Farm Bureau Foundation, and/or the West Virginia Future Farmers of America Educational Foundation when they renew their driver’s licenses.

Two bills on second reading were postponed one day – House Bill 2008, relating to nonpartisan election of state Supreme Court justices, and House Bill 2193, which provides a specific escheat of U.S. savings bonds.

Bills advanced to the amendment stage were: House Bill 2195, which would create a sentencing commission within the state, and House Bill 2423, which would prohibit sex offenders from being in a supervisory position over children within the state.

The House will convene again tomorrow at 11 a.m. on Jan. 22 for the 14th day of the regular session.

Committees Meeting Today:

House Committee on Technology and Infrastructure will meet at 1 p.m. in 215-E.

House Education Committee will meet at 2 p.m. in 432-M.

House Finance Committee will meet at 2 p.m. and 3 p.m. in 460-M for budget presentations.

House Judiciary Committee will meet at 2 p.m. in 410-M.

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

Committees Meeting Before Floor Session Tomorrow:

There were be a public hearing regarding House Bill 2010, relating to foster care, from 9 a.m. to 10 a.m. in the House Chamber.

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

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

The House Rules Committee will meet at 10:45 a.m. behind the House Chamber.

Judiciary Committee Advances Five Bills

House Committee

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January 18, 2019

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The House Judiciary Committee advanced five bills and decided not to take up one bill.

The first bill the committee reviewed is House Bill 2005, which is the Broadband Expansion Act for 2019. This bill is another step in aiding the deployment of reliable small wireless facilities and other next-generation wireless and broadband network. The bill was passed unanimously by the committee and reported to the House.

House Bill 2459 regards exercising authority to exempt individuals domiciled within the state from certain restrictions contained in federal law. This law was originally passed in 1996 and has remained ever since. It was accepted in Guam, Mississippi and South Carolina. Statistics show in 2016, this law would have been able to impact 2000 applicants that were denied, there were 1,300 that were denied in 2018.

The committee advanced the bill and reported it to the House.

House Bill 2462 relates to the authority for correctional employees and parole officers to carry and use firearms. This was originally a right of corrections officers but the section of code that allowed this right was at some point lost during legislation. The committee after only a few questions quickly voted on the bill to pass and be reported to the House.

House Bill 2412 relates to criminal acts concerning government procurement of commodities and services. This bill was not discussed in detail and after a few questions of counsel and speakers, the committee advanced the bill and reported it to the House.

Finally, the committee reviewed House Bill 2435, which authorizes attorneys general to prosecute violations of state criminal law recommended by the Commission on Special Investigations. This bill was heavily discussed amongst the committee and many questions were asked of counsel and speakers from the commission and a prosecutor. After the committee was done with questions voting on the bill was presented and the bill was passed with 14 for the bill and 11 against.

The Judiciary Committee will meet at 10 a.m. Monday.

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Senate Judiciary Discusses Committee Substitutes, Welcomes New Senator

Senate Committee

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January 18, 2019

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The Senate Judiciary Committee convened for a meeting 1:30 p.m. Friday, Jan. 18.

Members of the committee went over the committee substitute bundle for Senate Bills 224–230.

One of the bills, Senate Bill 225, concerns a Division of Labor rule relating to the regulation of heating, ventilating and cooling work. Senate Bill 229 is another rule bill relating to commercial whitewater rafting.

Following a motion by Majority Whip, Sen. Ryan Ward, R-Brooke, the committee unanimously voted to send the committee substitutes to the full Senate with the recommendation that they do pass.

The committee also reviewed technical changes made on Senate Bill 253 which would protect consumers from automatic purchase renewals and continuous service offers. Sen. Glenn Jeffries, D-Putnam, lead sponsor for the bill, said the committee substitute was created to make “minor technical changes (to the bill),” Jeffries said.

“(Automatic purchase renewal) was something that was brought to my attention last year. The more I spoke with people, the more I realized that this was something we need to look into,” Jeffries said. “Seniors don’t understand how these automatic systems work and we need to get a better understanding (of them) to make sure they know what’s happening.”

Ultimately, the committee unanimously agreed on the committee substitute and voted to send the bill to the full Senate.

Sen. Paul Hardesty, the new 7th District West Virginia Senate seat, was also welcomed to the committee.

Agriculture Committee Approves Six Bills, Referred to Judiciary

Senate Committee

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January 18, 2019

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The Senate Committee on Agriculture and Rural Development met on Friday afternoon to discuss six bills on their agenda that related to the Agriculture Commission.

The bills related to new regulations the Agriculture Commission would like to adopt; some bills include sunset provisions for the proposed pilot programs.

Senate Bill 195 relates to farmers and excess produce. The bill would allow farmers to donate produce to nonprofits. The farmers would then be given a tax credit for the amount of produce donated.

Senate Bill 196 relates to Agritourisim. The bill would define the definition as an “activity on a farm used for recreational activities.” The bill would also lay out the duties of farmers who choose to use their land for Agritourisim.

The Committee voted unanimously to approve the bills, and were referred to the Committee on Judiciary.

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House Passes Two Bills in Friday Floor Session

House Floor Session

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January 18, 2019

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The House of Delegates passed two bills in its Friday floor session.

The first bill the House passed was House Bill 2815, which is a bill relating to the removal of animals left unattended in motor vehicles. Currently in state code, there is nothing allowing average citizens to rescue animals unattended without negative repercussions. However, under this bill, certain officers and agents would be allowed to remove animals.

The bill passed unanimously with four members absent.

The House also passed House Bill 2307, which would allow the creation of provisional licenses for practicing barbering and cosmetology.

House Bill 2190, which modifies bail requirements, was advanced to third reading. Currently after reviewing all the circumstances, a court or magistrate is of the opinion that a defendant will appear as may be required, the magistrate may release that individual upon their own recognizance.

This bill adds a subsection which requires a magistrate, except for good cause show, to release the person charged with certain misdemeanor offenses on their recognizance. The House adopted an amendment, which says that within 10 days, a prosecutor could make a motion to the magistrate or circuit judge to set bond or to provide evidence of a person that would show good cause for them not to be released.

House Bill 2311 was also advanced to third reading. This bill exempts short-term license holders to submit information to the State Tax Commission once the term of the permit has expired. The amendment was a technical change to the language in a section of code included in the bill. The House adopted the amendment.

The House of Delegates will reconvene at 11 a.m. Monday, Jan. 21.

Committees Meeting Today After 11 am:

The House Committee for Judiciary will resume meeting at 1 p.m. today, Friday, Jan. 18 in 418M

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House Legislation Jan. 9-18

Hannah Graham

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January 18, 2019

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As of 4 p.m., Friday, January 18, 2019, the tenth day of the first regular session of the 84th Legislature, 522 bills have been introduced in the West Virginia House of Delegates. Of those bills, eight have passed and have been sent to the Senate for further consideration.

House Bill 2164 would establish that each party heard in a West Virginia lower court would have the right to be heard and receive a document based on merits of appeal. This bill would require The West Virginia Supreme Court of Appeals to provide the option for heard parties to receive a written, meaningful review of merits.

House Bill 2351 aims to streamline PEIA authorization documents. House Bill 2351 would establish an objective guideline for forms and deadlines that PEIA, managed care organizations, and private commercial insurers would abide by when it comes to prior authorization.

House Joint Resolution 5 would make it possible in the state of West Virginia to list manufacturing equipment as a tax exemption.

House Bill 2028 would limit supervision of laying lines on state rights-of-way. Currently, it is required that a state engineer must be present when a public service district lays water or sewer lines on state rights-of-way. Under the proposed bill, an engineer would not be required to be present for the full construction time. They would just be involved with initial and periodic inspections as well as inspection upon conclusion of the project.

House Bill 2038 relates to the procedure to determine if an occupation or profession should be regulated. This bill says that if an unregulated occupation or profession in this state is regulated in less than 25 other states the proposal to regulated should be prohibited unless it is demonstrated that West Virginia is unique should be regulated. This bill also provides that the Legislative Auditor review the licensing of professions or occupations every 5 years and recommend sun setting the regulation if fewer than 25 states in the United States license and regulate that occupation or profession, unless it is demonstrated that the State of West Virginia is unique and should be regulated.

House Bill 2128 would allow state employees to take paid leave to attend parent-teacher conference for their children. Employees are eligible each year for less than four hours of paid leave during normal work hours and no more than two mutually-scheduled conferences per child. The time taken will not be stricken against an employee’s annual or sick leave benefits.

House Bill 2183 would clarify where a charge of DUI may be brought against an individual. Currently a DUI can be, statutorily, enforced against individuals operating a vehicle upon the roads of the state. This bill adds language that clarifies that DUIs may only be assessed against individuals operating a vehicle upon public highway or private road. It also adds that “private road” does not include private roads in any circumstances where the operator or driver is operating the vehicle on his or her own property and has not left, or does not intend to leave, said property to drive upon any public highway. This is intended to allow a driver to be arrested for a DUI if he or she has entered a parking lot or driveway or is about to leave a parking lot or driveway, but not under any other circumstances.

House Bill 2185 relates to the removal of animals left unattended in motor vehicles. This bill allows an officer or “agent” to remove an animal from a vehicle with proper cause if they believe the animal is serious, life threatening danger or is in extreme suffering, physical injury, or deceased. The agent must leave a written notice in a secure and easily seen location on or in the vehicle bearing the officers name, title, and the address of the location where the animal may be retrieved. The owner may only retrieve it after all charges that have accrued for the maintenance, care, medical treatment, and impoundment have been paid or a payment plan have been made.

House Bill 2307 relates to creating a provisional license for practicing barbering and cosmetology. This would remove the requirements to take an examination for a license to practice barbering and cosmetology in this state, by an applicant with a valid license from another state. The bill provides the board may issue a provisional license to an applicant with an expired license and authorizes the board to set the applicable fees for a provisional license and shall not exceed half the cost of a full license.

House Bill 2203 would move the administration and registration process for contractors from the West Virginia Division of Labor to the jurisdiction of Chapter 30 of the Code of West Virginia. This would put West Virginia contractors under the same umbrella as other licensed state professionals such as architects and physicians. Contractors in West Virginia, under this bill, would have to follow licensing procedure similar to that of the forty-one occupations covered under Chapter 30 of the code. Contractors would be required to annually renew their licenses, report to an executive board, and have a certificate with a seal displayed openly in order to be a licensed contractor within the state.

House Bill 2077 would establish penalties in the state of West Virginia for smoking in a vehicle with a child under the age of eight present. This bill would make smoking with a child present a secondary offense, punishable by a fine of up to $25.

House Bill 2319 is a proposed new section to the Code of West Virginia that would permit the Bureau for Medical Services to create a wholesale importation program, where the state of West Virginia would be able to import more affordable pharmaceuticals from Canada available to West Virginia citizens for purchase.

House Bill 2347 would require the Secretary of the Department of Health and Human Resources to either improve significantly or build new facilities at two hospitals in West Virginia. Hopemont Hospital in Terra Alta, WV, and Jackie Withrow Hospital in Beckley, WV, would be improved upon or added to under this bill. They would be made better equipped to provide long term care and substance abuse treatment to those in the state in need.

House Bill 2311 is a proposed revision to how West Virginia citizens with short term licenses would have to report to the State Tax Commission. Currently, people in the state who receive a short term merchant license to sell beer, fireworks, or other miscellaneous merchandise can get a short term, 90-day license to sell these items. After their license has expired, these temporary merchants have to fill out tax information for the remainder of the fiscal year. This bill would stop requiring short-term licensees to fill out tax paperwork after their term is over and after they’ve paid all of their required fees.

House Bill 2346 revises the licensure requirements for state casino workers. This bill would allow certain casino workers, such as service workers, to opt for a registration rather than a license.

House Bill 2036 would allow vehicles with disabled veterans’ special registration plates park in spaces reserved for people with mobility impairments. This would allow those with disabled veterans’ stickers or plates to use those stickers and plates as an equivalent to the usual blue handicap signs.

House Bill 2209 is a bill that would allow military veterans who have certain qualifications to qualify for examination for licensure as an emergency medical technician. If a service member obtains a Military Occupational Specialty (MOS) in a field related to that of emergency medical technician or combat medic, they can apply to test for an emergency medical technician license in the state of West Virginia. If they pass the examination, these individuals would not have to go through additional state training.

House Bill 2223 would allow military personnel stationed in the state of West Virginia to be recognized as citizens of the state in order to obtain a concealed carry permit. Current statute requires those in the state of West Virginia to be citizens of West Virginia, and this bill would allow those stationed in the state to be recognized under this.

House Bill 2330 is similar to House Bill 2209, but the occupations it would work to legislate for differ. If a service member obtains a MOS related to the fields of plumbing, HVAC operation, or fire safety installation, they can also opt to take the examination for state licensure without going through additional state training.