Blog – Page 200

Originating Bill Relating to Fishing approved by House Ag. and Nat. Res.

House Committee

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March 16, 2017

The Agriculture and Natural Resources Committee met today and discussed a few bills.

HB 3027 would impose a tax on cattle which is to be used to help the U.S. Department of Agriculture’s Wildlife Service Fund to kill coyotes. The bill was sent to the Finance Committee.

HB 3101 is an originating bill relating to fishing within in 200 feet of agency personnel stocking fish in public waters. It creates criminal penalties for the act. This bill was sent to the Judiciary Committee.

3020 provides that the penalty for hunting, trapping, or fishing on the lands of another, enduring upon posted lands, or destroying posted land signs shall be equivalent to the penalty for criminal trespass. This bill was sent to the Judiciary Committee.

Senate Judiciary Committee Discussed Four Bills Today

Senate Committee

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March 15, 2017

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The Senate Judiciary Committee met today to discuss four bills.

House Bill 2447 would rename the Court of Claims the state Claims Commission. The renaming hopes to clarify that the organization is a part of the legislature instead of the judicial branch. The Court of Claims hears those who are trying to sue the legislature and gives the legislature a recommendation on the legitimacy of the claim regarding that.

Senator Romano (D-Harrison) confirmed that there would be a cost in the change of the name for advertising and stationary and brand changes.

The clerk of the Court of Claims stated that she believes the naming is unnecessary and the goals of the bill have already been accomplished in relation to the audit the Court of Claims received earlier this year.

The director of the audit commission found that many employees were getting paid for days that aren’t working. He said that the renaming and understanding that they are working for the legislature directly will clear up many of the problems in the audit. They found that there was a culture in the Court of Claims that they don’t have to answer to anyone else and this would clarify they do.

Senator Romano moved to amend the bill by eliminating language of terminating employees by the President of the Senate or Speaker of the House. The amendment was not adopted.

The bill was reported to the full Senate with recommendation that it pass.

Senate Bill 608 would clarify lawful business structures are unaffected by enactment of prohibitory legislation. The bill was reported to the full Senate with the recommendation that it pass.

Senate Bill 290 would authorize operators of distillery or mini-distillery offer for purchase and consumption of liquor on Sundays beginning at 1 p.m. The bill was reported to the full Senate with recommendation that it pass.

House Bill 2001 would relate to ethics and transparency in government. This bill was referred to a subcommittee in order to take a close look at the bill.

Bill Changing number of juror strikes in trials approved by House Judiciary

House Committee

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March 15, 2017

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House Judiciary Committee discusses eight bills today.

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. The bill will be reported to the full house with the recommendation that it do pass.

HB 2798 would clarify provisions relating to candidates unaffiliated with a political part as it relates to certificates of announcement, preventing potential candidates registered as members of a political party from using the provisions of the section to seek candidacy for office. The bill will be reported to the full house with the recommendation that it do pass.

HB 2767 would authorize the Secretary of State to transmit electronic versions of undeliverable mail to the circuit clerks of the state to minimize agency costs and streamline processes for the state. The bill will be reported to the full house with the recommendation that it do pass.

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 Commission. The bill will be reported to the floor with the recommendation that it do pass, but first be referred to Finance Committee.

HB 2828 would decrease the number of strikes a defendant has in a criminal proceeding from six to four from a panel of potential jurors. The bill also increases the number of strikes the prosecution has from two to four. The bill will be reported to the full house with the recommendation that it do pass.

HB 2980 would add a $10 fee for each additional defendant plead in a civil action. This is for multiple, two or more, defendant cases. The bill will be reported to the full house with the recommendation that it do pass.

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

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. The bill will be reported to the full house with the recommendation that it do pass.

Senate Agriculture Discusses Bill to Transfer Division of Forestry

Senate Committee

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March 15, 2017

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The Senate Agriculture and Rural Development Committee has laid over a bill that would transfer the Division of Forestry and its authorities, powers and duties from the Department of Commerce to the Department of Agriculture.

The bill, SB 183, would become effective July 1.

Randy Dye, director of the West Virginia Division of Forestry, said the division is opposed to the bill because of the “uncertain future” he feels the bill implies for employees of the division.

Crescent Gallagher of the Department of Agriculture said things would be run more efficiently with the transfer.

The bill will be referred to the Senate Government Organization once reported to the floor.

The committee will recess until at the adjournment of the Senate Economic Development Committee meeting, which will meet at 4:30 p.m. in 208W.

Senate Agriculture Discusses Bill to Transfer Division of Forestry

Senate Committee

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March 15, 2017

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The Senate Agriculture and Rural Development Committee has laid over a bill that would transfer the Division of Forestry and its authorities, powers and duties from the Department of Commerce to the Department of Agriculture.

The bill, SB 183, would become effective July 1.

Randy Dye, director of the West Virginia Division of Forestry, said the division is opposed to the bill because of the “uncertain future” he feels the bill implies for employees of the division.

Crescent Gallagher of the Department of Agriculture said things would be run more efficiently with the transfer.

The bill will be referred to the Senate Government Organization once reported to the floor.

The committee will recess until at the adjournment of the Senate Economic Development Committee meeting, which will meet at 4:30 p.m. in 208W.

WV Second Chance Act Approved in Senate Economic Development

Senate Committee

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March 15, 2017

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The Senate Economic Development Committee has approved two bills to be reported to the full Senate with the recommendation that they pass.

SB 501 would create a Minority Economic Development Advisory Team to assist the Director of the Economic Development Authority in developing and implementing a procedure to address employment and economic development problems of minority populations of West Virginia.

The governor would have to appoint all members of the team not specifically listed, and all members would serve a five-year term.

Senator Ronald Miller, D-Greenbrier, proposed an amendment to decrease the number of board members, ex-officio?

The bill contains a second reference to the Senate Government Organization Committee, which Senator Craig Blair, R-Berkeley, moved for the Chair to waive.

SB 76 would create the West Virginia Second Chance for Employment Act to expand eligibility for criminal expungement to persons convicted of certain nonviolent felonies in order to help them receive certain employment opportunities.

The bill passed the Senate unanimously last year as SB 411, which later died in the House.

The Rev. Matthew Watts spoke in support of the bill and said it would contribute to increasing the state’s labor force participation rate by eliminating federal charges off of nonviolent felons’ records.

“They’re being marginalized for employment,” Watts said. “They’re trapped in the criminal class.”

Watts said the majority of these non-violent felons are younger citizens ages 18-30 who cannot get a job simply because of minor mistakes made when they were younger.

“It’s a lifetime sentence,” Watts said.

Watts informed the committee there will be a rally on the first floor of the Capitol tomorrow, during which the bill will be advocated for.

Several senators voiced their support for the bill’s passage to the committee.

Blair moved that the Chair consult the Judiciary Committee Chair to waive the bill’s second reference to Senate Judiciary.

The bill will be referred to the Senate Judiciary Committee once reported to the floor.

The committee also laid over a bill that they will take up for more discussion and amendments/motions once they come back from being recessed.

The bill, SB 38, would create a five-year tax credit for new businesses locating on post-mine sites.

The fiscal note for the bill indicates that the credit will possibly cost the state $23,000.

Senator Mike Romano, D-Harrison, said he was concerned about the lack of specification for what business expenditures would qualify for the credit. He said the credit could possibly be abused to cost the state more.

The bill will be referred to the Senate Finance Committee once reported to the floor.

The committee will recess until 4:30 p.m., or after adjournment of the Senate Judiciary meeting, today in 208W.

House Veteran’s Affairs and Homeland Security Committee Refers Four Bills

House Committee

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March 15, 2017

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The House Veterans Affairs and Homeland Security Committee met today and referred four bills out of the committee.

House Bill 2788 would allow military veterans with certain military ratings to qualify for examinations required of a probationary firefighter. If a veteran who was discharged honorably has the appropriate training they can apply to test to be a probationary firefighter. The bill was referred to the Committee on Government Organization with the recommendation that it pass.

House Bill 2838 would allow military veterans who meet certain qualifications to qualify for examination for license as an emergency medical technician. If a veteran who was discharged honorably has the appropriate training they can apply to test to be an emergency medical technician. The bill was referred to the Committee on Health and Human Resources with the recommendation that it pass.

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. Other professions not required to obtain contain education of mental health conditions are dentists and other specific medical professions. The bill was referred to the Committee on Health and Human Resources with the recommendation that it pass.

House Bill 3034 would exempt military retirement income from personal income tax after a specified date. The bill was put on the agenda by request of the Governor. The bill was referred to the Committee on Finance with the recommendation that it pass.

Bill Related to Regional Recreation Authorities Passes in Senate

Senate Floor Session

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March 15, 2017

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The Senate has passed seven bills 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.

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

SB 302 would supplement the appropriation of federal funds from the Treasury to the Division of Human Services.

SB 303 would supplement the appropriation of public moneys from the Treasury to the Department of Health and Human Resources.

SB 306 would supplement the appropriation of federal funds from the Treasury to Workforce West Virginia.

SB 454 would eliminate certain fees generated by suggestee executions and to further streamline the collection of state moneys received as a result of certain court transactions or court services through more efficient technology.

SB 497 would modify the liability of a physician offering volunteer care at school sporting events to provide that they may only be held liable for acts of gross negligence or willful misconduct.

Another bill on third reading, SB 466, was referred to the Senate Rules Committee by Senate Majority Leader Ryan Ferns, R-Ohio.

Members of the Senate also adopted SR 37 to designate today as Higher Education Day at the Capitol.

Senate Bills 605-619 were introduced.

Senate Bills 186, 192, 413, 471, 474, 531, 536 and 575 were advanced from second reading. Senate Bills 255 and 524 were requested to lie over one day in second reading.

Of those bills advanced, SB 413 was amended by Senator Chandler Swope, R-Mercer, to extend the expiration date related to the bill and give owners more time to determine how a construction project is to proceed.

Also amended was SB 531 by Senator Dave Sypolt, R-Preston, to change the annual renewal date for apiary certificates of registration to June 30 instead of March 31.

Committee Meetings Today

Economic Development: 1 p.m. in 208W

Agriculture and Rural Development: 2 p.m. in 208W

Pensions: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Economic Development: after Judiciary if needed

Committee Meetings Tomorrow

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

Energy, Industry and Mining: 1 p.m. in 208W

Health and Human Resources: 1 p.m. in 451M

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

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

House Passes Bill to No Longer Obtain Student BMIs

House Floor Session

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March 15, 2017

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Today, the House of Delegates concurred with the Senate amendments to HB 2431, HB 2301, HB 2167, and SB 231.

HB 2431 allows influenza immunizations to be offered to patients and residents of specified facilities on a voluntary basis based upon recommendations of the Center for Disease Control.

HB 2301 permits individuals to enter into agreements, for direct primary care with an individual or other legal entity authorized to provide primary care services, outside of an insurance plan or outside of the Medicaid or Medicare program and pay for the care.

HB 2167 creates a Silver Alert program for senior citizens. It establishes criteria to be met before an alert is released.

SB 231 provides that State Board of Education may delegate its Medicaid provider status and subsequent reimbursement to regional education service agencies or county boards subject to the county board determining that there is a net benefit and no detraction from the educational program of the county.

The House also passed HB 2618; it will be sent to the Senate for further consideration.

HB 2618 removes the requirement that students’ body mass index be obtained in schools.

Committee Meetings Today

Veteran Affairs and Homeland Security: 1 p.m. in 434M

Judiciary: 2:30 p.m. in 410M

Education: 2:30 p.m. in 434M

Finance: 3 p.m. in 460M

Committee Meetings Tomorrow

Agriculture and Natural Resources: 9 a.m. in 434M

Banking and Insurance: 10 a.m. in 215E

Rules: 10:45 a.m. behind House Chamber

Senior Citizen Issues: 1 p.m. in 215E

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

Energy: 2 p.m. in 410M

Friday, March 17, there will be a public hearing at 8:30 a.m. in the House Chamber on HB 3093 (The Broadband Bill).

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

House Education Committee Reports House Bill 2702

House Committee

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March 15, 2017

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The House Education Committee met today and discussed two bills.

House Bill 2702 would relate to excused absences for personal illness from school. No later than three days from the concurrence. The absences only have to be received by then, not recorded by then. Don’t have to send a letter after three unexcused absences, can just get into contact with them. One may also Can no longer deny homeschooling from those with 10 or more absences.

Delegate Moye (D-Raleigh) confirmed that under this bill, parents are allowed to continue to write absence excuses for their children but some counties require a physician’s notice.

Delegate Wilson (R-Berkeley) amended the bill to include personal injury or sickness of the student’s immediate family, guardian, or custodian under excusable absences.

Delegate E. Evans (D-McDowell) amended the bill to clarify that excuses are do no later than three instructional days from the concurrence and not calendar days.

The bill was reported to the House Floor with the recommendation that it pass.

House Bill 2569 would relate to employment, promotion and transfer of professional personnel by county boards of education. This bill would make qualifications for the position a larger factor in determination of employment, transfer and promotion in cases of equal seniority instead of a random lottery policy. Seniority would not be the only determining factor in these cases.

The committee is in recess until 2:30 p.m. today.