Blog – Page 200

House Concurs with Senate on Human Trafficking Bill; Completes Legislation

House Floor Session

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March 16, 2017

Today was a busy day in the House of Delegates.

The House concurred with the Senate amendments to HB 2318, relating to human trafficking. The bill completes legislation and goes to the Governor for his consideration.

The House did not concur with the Senate’s amendments to HB 2099, Erin’s Law, because they believed the amendments did not go with the intent of the bill. The bill was sent back to the Senate.

The House also passed 13 bills.

SB 301 is a supplemental appropriation bill to supplement, amend, and increase items in the School Lunch Program account.

SB 330 repeals provisions relating to the statutory construction of the West Virginia Workplace Freedom Act.

HB 2373 would allows school bus drivers to administer the EpiPen when needed and makes them immune from liability unless there is gross negligence or willful misconduct.

HB 2427 would require agencies to provide updated employee information for the online state phone directory, and require that agencies update the information within thirty days of a change, or provide that information to the Office of Technology which shall update the online phone directory information within thirty days of receipt of information from an agency.

HB 2446 would require the executive branch agencies to maintain a website that contains certain information.

HB 2522 would allow the state to inter into an interstate licensure compact for registered nurses, practical nurses, and vocational nurses with 25 other states.

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.

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

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 2649 would add additional violations of law, and removes exceptions for certain lesser included crimes, that could cause the forfeiture of a participant’s retirement plan.

HB 2683 would update the West Virginia Guaranty Association Act. The bill provisions concerning effect of paid claims, exhaustion of coverage, prevention of insolvencies and stay of proceedings.

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 2796 would allow the guard to contract for specialized technical services with the federal government, its instrumentalities and agencies, any state, territory or the District of Columbia and its agencies and instrumentalities, municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals for specialized technical services to support specific activities related to national security, homeland security and other military-related programs.

Committee Meeting Today

Senior Citizens Issues: 2:30 p.m. in 215E

Health and Human Resources: 3 p.m. in 215E

Energy: 3 p.m. in 410M

Committee Meetings Tomorrow

Judiciary: 8:30 a.m. on HB 3093 in the House Chamber

Gov. Org.: 9 a.m. in 215E

Education: 9:30 a.m. in 434M

Finance: 9:30 a.m. and 2 p.m. in 460M

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

Roads and Transportation: 1 p.m. in 215E

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

Bill Related to Tax Rates on Certain Hospitals Passes in Senate Finance

Senate Committee

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March 16, 2017

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The Senate Finance Committee has approved five bills to be reported to the floor with the recommendation that they pass.

SB 565 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.

Rick Atkinson, city manager of South Charleston, explained particular projects the city would plan to use the new tax revenues for.

SB 362 would permit the redirection of the deposit of revenues collected from certain surcharges and assessments on workers’ compensation insurance policies and derived from net terminal income funds by the Governor through executive order to the General Revenue Fund.

SB 461 would exempt the West Virginia State Police from state purchasing requirements.

Senator Robert Plymale, D-Wayne, proposed an amendment to have the legislative auditor report on the progress or regress of the bill’s purchasing provisions after 1 and 2 years of enactment.

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

Joe Letnaunchyn, president and CEO of the West Virginia Hospital Association, spoke before the committee in support of the bill.

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.

Steve Connolly, Deputy Secretary of State and Chief Legal Counsel, was available to answer questions from the committee.

The committee also laid over one bill that would eliminate taxation on annuity considerations collected and received by a life insurer.

The bill, SB 464, will be laid over for one day until the Treasurer’s Office can present on its provisions.

Senator Mike Hall, R-Putnam, Chair, appointed Senators Douglas Facemire, D-Braxton, Greg Boso, R-Nicholas, and Dave Sypolt, R-Preston, to a subcommittee that will report on a meeting with the Court of Claims.

The committee will meet again 3 p.m. today in 451M.

PEIA Premium Bill Approved by House Banking and Insurance

House Committee

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March 16, 2017

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Two bills were discussed today in the House Banking and Insurance Committee.

HB 2851 would update the dee structure provision for broker-dealers, agents, investments advisers and certain securities offering and opinions and to increase the associated fund cap. The bill will now be sent to the floor with the recommendation that it do pass but first be referred to the committee on Finance.

HB 2871 would eliminate the mandatory 80% of the employer, 20% employee cost share on PEIA active employee premiums and to instead set 80% as the maximum employer share and 20% as the minimum employee share. The bill will be sent to the floor with the recommendation that it do pass but first be referred to the committee on Finance.

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

House Committee

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March 16, 2017

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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.