Blog – Page 206

House Judiciary Discusses Sexual Predators in Schools and Voter IDs

House Committee

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March 8, 2017

The House Judiciary Committee met today to discuss House Bill 2704, House Bill 2781, and SB 330.

House Bill 2704 would prohibit persons convicted of sexual offenses against children with whom they hold positions of trust from holding certification or license valid in public schools. The bill was amended previously by the education committee to only revoke the license but would not add fines or imprisonment.

Heather Hutchins, a representative of the Department of Education, answered technical questions about the bill. She said there is no legal requirement that teachers at private schools be licensed through the super intendent. Delegate Lane (R-Kanawha) asked if someone is convicted of a sex crime if they would be allowed to return to teaching. Hutchins said explained there is no code stopping that and the current process puts more burden on the victim due to the investigative process to keep the sexual offender from teaching. The department of Education is only allowed to background check nationally upon licensing but after that only within the state criminal record checks. Their current investigation methods are much more resource intensive and difficult. Delegate Sobonya (R-Cabell) asked if the bill included sexting as one of the sexually offensive acts. Council said they would retrieve that information

Delegate Fast (R-Fayette) amended the committee substitute of the bill to include anyone employed by a contractor for one of the facilities. The amendment was reformed to have the bill apply to contractors only when children are present. The amendment was adopted.

The bill was appointed to a subcommittee to discuss the other punishments of the bill amended by the education committee and will report back to the committee once that has been addressed.

House Bill 2781 would require a person desiring to vote to present documentation identifying the voter to one of the poll clerks. The valid IDs would include a West Virginia driver’s license, passport, employee ID card produced by the state or institutions of the state, and military ID card. Those failing to provide those forms of identification would be able to vote under a provisional ballot. Those living in a residential care home would be exempt along with those who have a religious objection to photography. The bill would also repeal the automatic voter registration program. A fiscal note was requested in order to find out the cost of the free identification cards the DMV would be producing underneath the bill.

The committee was in recess until an hour after the floor session ends.

Upon coming back after the floor session, the bill was referred to a subcommittee in order to more thoroughly examine the bill.

Senate Bill 330 would relate to the WV Workplace Freedom Act. It makes some stylistic changes and makes some technical changes in a few areas. It removes a definition and provision and helps to clarify those portions of the code.

There was a strike and insert amendment presented by council that was adopted.

The bill was reported out of the committee to the full house with the recommendation that it pass.

House Education Approves Bill to Create CTE Pilot Program in Middle Schools

House Committee

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March 8, 2017

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House bill met today and discussed HB 2574, HB 2618, and HB 2720 .

HB 2574 would create a special pilot program to introduce seventh and eighth grade students to career and technical education opportunities in the State of West Virginia. The program is designed to better prepare students for post-secondary education and participate in the workforce. The bill will be reported to the floor with the recommendations that it do pass.

HB 2618 would remove the requirement that a student’s body mass index be obtained in schools, which is done in physical education classes in public schools. This bill will be reported to the floor with the recommendations that it do pass, but first be referred to the Committee on Health and Human Resources.

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. The bill will be reported to the floor with the recommentation that it do pass but first be sent to the committee on Finance.

Concurrent Resolution and One Bill Reported from Senate Judiciary

Senate Committee

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March 7, 2017

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The Senate Judiciary Committee has approved one concurrent resolution and one bill to be reported to the full Senate with the recommendation that they pass.

The concurrent resolution, SCR 3, would urge Congress to call a convention of states to impose fiscal restraints on federal government.

For the resolution to be accepted at the federal level, 33 other states would have to pass a similar resolution.

Any amendments to the U.S. Constitution suggested in the convention would have to be approved by 38 states.

West Virginia has two pending resolutions for a convention of states that have yet to be taken up by Congress.

Former U.S. Senator for Oklahoma Dr. Tom Coburn spoke in support of the resolution.

Coburn said the Founding Fathers intended for states to be extensively involved with the federal level of government, and he said the federal bureaucracy has not followed through with this expectation.

Senator Mike Romano (D – Harrison) said the resolution would make the U.S. Constitution vulnerable to potentially irrational amendments by the states that would not help the country overall.

Senator Patricia Rucker (R – Jefferson) said, however, the resolution would wake up the federal government to issues that multiple states are willing to agree on.

Senator Charles Clements (R – Wetzel) said passage of the resolution would “rattle the cage” and help bring change to the state.

The committee then voted in favor of HB 2099, which would define the act of leaving the scene of a crash involving death or serious bodily injury as a felony.

The bill also establishes the act of leaving the scene of a crash that does not proximately cause death or injury as a misdemeanor and defines bodily injury and serious bodily injury.

Senate Bills 219, 396, 490, 492 and 496 were on the agenda, but the committee was unable to address them within the meeting time constraints and will look over them later this evening.

The committee will meet again tonight at 6 p.m. in 208W.

House Political Subdivisions Committee Reports Four Bills

House Committee

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March 7, 2017

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The House Political Subdivisions Committee met today and referred four bills out of the committee.

House Bill 2709 would authorize the City of South Charleston to levy a district excise tax. The bill was referred to the Committee on Finance with the recommendation to pass.

House Bill 2208 would authorize counties and municipalities to establish a joint airport hazard comprehensive plan. The bill was referred to the Committee on Government Organization with the recommendation to pass.

House Bill 2724 would change the name of the Herbert Henderson Office of Minority Affairs to the Herbert Henderson Office of Inclusion and relate to the responsibilities and functions of the office. The bill would create a pilot program to assist the West Side of Charleston and grow across the states. The bill was referred to the Committee on Health and Human Resources with the recommendation that it pass.

House Bill 2744 would create the Local Energy Efficiency Partnership Act. The act would give local governments the power to give businesses incentives for being energy efficient. The bill was referred out of the committee with recommendation that it pass.

Five Bills Approved, One Postponed in Senate Government Organization

Senate Committee

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March 7, 2017

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The Senate Committee on Government Organization has approved five bills to be reported to the full Senate with the recommendation that they pass.

SB 441 would establish the municipal home rule pilot program as a permanent program, allow all municipalities to participate in the program and allow municipalities who institute a sales and use tax pursuant to the program to administer and collect the tax through their own municipal collector’s offices.

SB 481 would remove required ninety-day waiting periods for municipal court notifications to the Division of Motor Vehicles.

Executive Director of the West Virginia Municipal League, Lisa Dooley spoke in support of the bill.

SB 350 would allow certain licensed professional counselor and marriage and family therapist applicants to be issued a temporary permit so the applicant can practice during the application and testing process.

SB 491 would allow litter control officers who are trained and certified as law-enforcement officers and whose certification is active to have the same authority as any other law-enforcement officers to enforce all litter laws.

HB 2347 would allow schools licensed to provide barber, cosmetology and related training to hold theory classes and clinical classes at different locations.

The committee voted in favor of putting HB 2348 on layover until a future meeting, since many members said they felt that there were important details left out of the bill that needed to be addressed.

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

WV Board of Barbers and Cosmetologists Executive Director Charlie Persinger voiced his support for the bill’s passage.

The committee is expected to meet next on Thursday, March 9 at 2 p.m. in 208W.

Senate Health Approves Five Bills

Senate Committee

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March 7, 2017

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The Senate Committee on Health and Human Resources has approved five bills to be reported to the full Senate with the recommendation that they pass.

SB 398 would create The Emergency Volunteer Health Practitioners Act to allow volunteer health practitioners from other states to practice in West Virginia during an emergency.

The bill will be referred to Senate Government Organization.

SB 423 would allow group homes in West Virginia with greater than four members to continue to offer services to up to eight current residents by seeking either a waiver to allow these services or a state plan amendment.

Senator Rob Stollings (D – Boone) made an amendment to allow the committee counsel to make any technical corrections necessary, since the counsel was unable to make a committee substitute of the bill in time for the meeting. The amendment was approved.

SB 333 would require all facilities licensed under the provisions of chapter sixteen to access the controlled substances monitoring database.

The committee also approved an amendment by Stollings to ensure that employers do not have access to the database.

The bill will be referred to Senate Judiciary.

HB 2301 would permit 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 2431 would allow 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.

The committee is expected to meet next on Thursday, March 9 at 1 p.m. in 451M.

House Passes Six Bills to the Senate Today

House Floor Session

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March 7, 2017

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The House of Delegates met today and passed six bills on to the Senate. These bills were HB 2367, HB 2579, HB 2674, HB 2678, HB 2691, and HB 2725.

House Bill 2367 would establish a criminal offense of organized retail crime.

House Bill 2579 would increase the penalties for transporting controlled substances.

House Bill 2674 would relate to access to and receipt of certain information regarding a Protected Person.

House Bill 2678 would change the amounts of prejudgment and post-judgement interest to reflect today’s economic conditions.

House Bill 2691 would allow a person who is qualified by training to be a barber and a cosmetologist to elect to practice solely as a barber.

House Bill 2725 would restrict the authority of the Board of Barbers and Cosmetologists to regulate the use of commonly available retail beauty products.

House Bills 2808-2817 were introduced today.

Bills on second reading were SB 176 and SB 188.

The following committees meet at these times:

Finance at 9 a.m. tomorrow in 460M.

Health at 3 p.m. in 215E.

Political Subdivisions at 2 p.m. in 434M.

Judiciary at 9 a.m. tomorrow in 410M.

Education at 9 a.m. tomorrow in 434M.

Government Organization at 9 a.m. tomorrow in 215E.

Pensions and Retirement at 4 p.m. in 460M.

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

Senate Passes House Bill to Strengthen Human Trafficking Charges

Senate Floor Session

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March 7, 2017

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The Senate has passed seven bills today that will be sent to the House for further consideration.

SB 236 would establish limits applicable to the award of damages for medical monitoring.

SB 239 would protect an employee’s wages or salaries from being withheld or diverted for political activities without the express, written authorization of the employee.

SB 392 would add a definition for “vested” to Municipal Police and Fire Retirement System and clarify duty/nonduty disability.

SB 442 would modify the definitions of “assault” and “battery”, and “domestic assault” and “domestic battery” to conform with federal laws relating to firearms possession criminal offenses.

SB 456 would correct a technical error in an original clause related to standards for termination of parental rights in child abuse and neglect cases.

HB 2318 would strengthen and establish criminal offenses relating to human trafficking.

The senate also completed legislation on HB 2740, which will now be sent to Governor Jim Justice for enaction. This bill would expire funds to the surplus balance of General Revenue and supplement, amend, add, and increase any items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2017.

Members of the Senate also adopted SR 32, which designated today as West Virginia Alzheimer’s Association Day at the Capitol.

Senate Bills 526-537 were introduced.

Senate Bills 198, 280, 338 and 358 were advanced to a second reading.

Committee Meetings Today

Energy, Industry and Mining: 1:30 p.m. in 208W

Health and Human Resources: 1:30 p.m. in 451M

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Tomorrow

Workforce: 10 a.m. in 208W

Interstate Cooperation: 10 a.m. in 451M

Confirmations: immediately following session in 208W

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

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

House Bill 2546 Reported Out of House Committee on Industry and Labor

House Committee

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March 7, 2017

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The Committee on Industry and Labor met today to discuss HB 2546.

House Bill 2546 would allow uniform costs to be deducted from a terminated employee’s final paycheck if the uniform is not returned. The bill was amended so the employer would have to make the employee aware of the fee and give the employee one day to return the uniform. Alternatively, the employee can keep the uniform and pay the fee.

Delegate Shott (R-Mercer) and Delegate Foster (R-Putnam) amended the bill further to require a written agreement between the employee and employer discussing the uniform and the expectations of the employer in regards to the uniform such as replacement cost.

The bill as amended was reported to the House with the recommendation that it pass but first be referred to the Committee on the Judiciary.

House Committee on Agriculture and Natural Resources Reports Eight Bills

House Committee

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March 7, 2017

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The House Agriculture and Natural Resources Committee met today and referred eight bills out of the committee.

House Bill 2566 would create the WV Fresh Food Act. This act would require state institutions to buy at least 20% of their food from local producers. The bill was amended by the committee requiring 5% at first but adding 5% each year. The amendment also gives the Department of Agriculture rulemaking authority on the act. The bill was referred to the Committee on Finance with the recommendation that it pass.

House Bill 2553 would relate to an exemption from the consumer’s sales and service tax and use tax for sales of services and tangible personal property related to the activities of raising and training livestock. This bill was also amended to clear up some technical issues. The bill was referred to the Committee on Finance with the recommendation that it pass.

House Bill 2752 would relate to abuse and neglect of livestock. This would help to give more funds to take care of livestock seized from an abusive or neglectful owner. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2693 would relate to state ownership of wildlife. It cleans up code relating to the definition of wildlife in the West Virginia code. It was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2696 would relate to crossbow hunting. It cleans up code and is a mostly a technical bill. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2699 would make information about the Division of Natural Resources licensees exempt from the provision of the Freedom of Information Act. This would not exempt the information from law enforcement access. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2707 would relate to the collection, possession and sale of naturally shed deer antlers. This would allow this activity on privately owned land, public land, or private land with the owner’s written consent. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2708 would relate to a lawful method for a developmentally disabled person to purchase a base hunting license. They must attend an on-site hunter training course and if unable to take a written test, they must pass all other parts of the test in order to receive their license. They must also be shown to not be a danger to others or themselves by using a firearm. Hunting on private property still would not require a license. The committee amended the bill to correct some technical issues. Delegate Summers (R-Taylor) amended the bill so that the Secretary of DHHR would not have to get involved in the hunting process and only require a physician’s approval. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.