Blog – Page 206

Bill to Transfer Division of Forestry on Layover in Senate Agriculture

Senate Committee

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March 8, 2017

The Senate Agriculture and Rural Development Committee has decided to postpone their decision on SB 183, which would transfer the Division of Forestry and its authorities, powers and duties from the Department of Commerce to the Department of Agriculture.

Crescent Gallagher, communications director for the Department of Agriculture, said the department “has been in preparation” for the change.

Division of Forestry worker Charlie Spencer said he is still concerned as to whether or not employees will be treated in the same way under a different department, especially due to the nature of forestry jobs.

Since many workers sometimes have to wake people up at night to ask about a nearby fire, among other issues, Spencer said he and his workers receive many complaints.

He said he worries about how those complaints will be handled or processed under new authority.

“We do things that most agencies do not,” Spencer said. “My biggest concern is not getting fired for doing my job.”

Members assured him that they believed his position would not be compromised due to a complaint, but they still agreed to look further into the provisions of the bill.

The committee also considered two other bills, SB 283 and SB 531.

SB 283 was assigned to a subcommittee consisting of Senators Patricia Rucker (R – Jefferson), Charles Clements (R – Wetzel) and Ronald Miller (D – Greenbrier) for review.

The bill would create The Food Production Act, which would make the Department of Agriculture responsible for all food production within the state.

It also has a double reference to the Senate Judiciary Committee once reported to the floor.

SB 531 would permit the annual renewal date for apiary certificates of registration to be June 30 beginning in 2018. It has a double reference to Senate Government Organization.

The committee voted in favor of amending the bill to change the renewal date to March 31, instead of June 30.

A committee substitute is being created with the amended change.

The bill has a double reference to the Senate Committee on Government Organization once reported to the floor.

Senate Pensions Committee Reports Bill on Municipal Pensions

Senate Committee

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March 8, 2017

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The Senate Pensions Committee met today to discuss SB 393.

Senate Bill 393 would relate to the administration of municipal pensions. The goal of the bill is to correct the errors that have been found in the Policeman’s Pension and Relief Fund.

Senator Plymale (D-Wayne) said he thinks this bill is very good and he is glad that they found the errors.

Senator Romano (D-Harrison) wondered that if no one would will tell them of an error then how will they know how to correct it. Senator Plymale assured him that there was a system in place that would keep that from happening.

The bill was reported with the recommendation that it pass with first being referred to the Committee on Finance.

House Veterans Affairs Approve Bill to help Military Spouses who teach

House Committee

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March 8, 2017

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The House Committee on Veterans Affairs and Homeland Security approved HB 2771.

HB 2771 permits the state superintendent to issue temporary certificates to out of state teachers who are the spouses of members of the Armed Forces who are on active duty stationed in the state. The license would be a one-year license, which would be renewable each year.

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

Bill Related to Medical Professional Liability Passes in Senate

Senate Floor Session

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March 8, 2017

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The Senate has passed four bills today to be sent to the House for further consideration.

SB 198 would extend eligibility for loans to health care practitioners who practice in areas of the state which have a need for emergency medical providers.

SB 280 would move the association of the Civil Air Patrol from the Aeronautics Commission and realign it under the Military Forces of the state because one of the Civil Air Patrol’s primary missions is the provision of emergency services, including aerial and ground search and rescue operations, homeland security operations and disaster relief operations.

SB 338 would amend the Medical Professional Liability Act by adding a definition for “occurrence,” providing for a preference of venue, establishing an attorney’s fees schedule based upon the amount recovered, establishing the effective date and providing for severability.

SB 358 would permit a timeshare managing entity to foreclose upon its statutory lien for assessments in the manner of sales under trust deeds. The bill further provides for the naming of a trustee by the managing entity to carry out the sale and require notice.

Members of the Senate also adopted SR 33, which designated today as Disability Advocacy Day at the Capitol.

Senate Bills 537-563 were introduced.

Senate Bills 173, 185, 206, 220 and 365 were advanced to a second reading.

Committee Meetings Today

Confirmations: immediately following session 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

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

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

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

Two Bills Complete Legislative Process

House Floor Session

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March 8, 2017

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Today, SB 176 and SB 188 were passed by the House of Delegates.

SB 176 repeals an outdated article of the code. It was recommended in the 2017 Regular Session of the Legislature by the Legislative Oversight Committee on Health and Human Resource Accountability.

SB 188 corrects the definition of telehealth in the medication assisted treatment portion of the code.

Committee Meetings Today

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

Judiciary: 1:30 p.m. in 410M

Finance: 2 p.m. in 460M

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

Gov. Org.: 3 p.m. in 215E

Committee Meetings Tomorrow

Small Business, Entrepreneurship, and Economic Development: 9 a.m. in 434M

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

Senior Issues: 1 p.m. in 215E

Energy: 2 p.m. in 410M

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

Committee Meetings Friday

Judiciary Public Hearing on HB 2522 at 8:30 a.m. in House Chamber

Judiciary: 9 a.m. in 410

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

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

Bill to Regulate Local Minimum Wage Approved in Senate Workforce

Senate Committee

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March 8, 2017

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The Senate Workforce Committee has approved a bill that would prohibit political subdivisions from making local ordinances that regulate the benefits employers provide to their employees.

The bill, SB 399, would be known as the Employer Benefits Requirements Uniformity Act.

Senator Richard Ojeda (D – Logan) said he was concerned about the bill’s ability to prevent economically growing cities and towns from being able to raise minimum wage for their employees.

“This kind of seems to be tying the hands of local government,” Ojeda said.

President of the West Virginia Retailers Association, Bridget Lambert spoke against the bill and said it would be a burden on those who are trying to expand their businesses across different municipalities.

“This would be harmful to a lot of businesses,” Lambert said.

Senator Ron Stollings (D – Boone) made a motion to have the bill put on layover until a member of the Municipal League was available to speak to the bill.

The motion was rejected.

Senator Randy Smith (R – Tucker) said that it is clear that the provisions of the bill are “not a big issue” to the Municipal League, since they were not present at the meeting.

Stollings said he still believes the bill has possible implications that need to be discussed further, as no one has yet spoken in favor of the bill.

Senator Glenn Jeffries (D – Putnam) said the committee would be denying cities and local leaders from being able to address the bill by reporting it out of committee without giving them a chance to defend the needed “flexibility” of local wage rates.

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

House Judiciary Discusses Sexual Predators in Schools and Voter IDs

House Committee

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March 8, 2017

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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.