Blog – Page 215

Senate Judiciary Approves Drone Regulations

Senate Committee

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February 20, 2017

The Senate Judiciary Committee has reported a bill to the full Senate that would regulate unmanned aircraft systems, otherwise known as drones.

The bill, SB 9, would place restrictions on the use of drones, as well as provide criminal offenses and penalties for certain conduct while using a drone.

Most members were concerned with FAA safety regulations and constitutional considerations with the bill, including what distance would constitute an invasion of privacy, whether or not captured images could be published, etc.

The committee substitute of the bill was amended by Senators Ryan Weld (R-Brooke), Mike Romano (D-Harrison) and Robert Karnes (R-Upshur) to include some technical corrections, added restrictions, and considerations regarding the First Amendment of the U.S. Constitution.

Legal counsel to the committee Tom Smith said the purpose of the bill is to “fill in the blanks” of federal legislation regarding drones.

Members of the committee also considered a committee substitute containing SBs 105-113, as well as SB 41 and SB 236.

Thirteen Bills Discussed in House Gov. Org.

House Committee

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February 20, 2017

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Today, the House Government Organization Committee Meet and heard 13 pieces of legislation.

HB 2286 would authorize the Secretary of State to issue a legislative rule relating to Voter Registration at the Division of Motor Vehicles.

HB 2287 would authorize the Secretary of State to issue a legislative rule relating to Voter Registration List Maintenance by the Secretary of State.

HB 2278 would authorize the Public Service Commission to issue a legislative rule relating to Telephone Conduit Occupancy.

HB 2285 would authorize the State Board of Sanitarians to issue a legislative rule relating to Practice of Public Health Sanitation.

HB 2289 would authorize the Board of Speech-Language Pathology and Audiology to issue a legislative rule relating to Licensure of Speech-Pathology and Audiology.

HB 2250 would authorize the Ethics Commission to issue a legislative rule relating to Private Gain.

HB 2235 would authorize the Board of Architects to issue a legislative rule relating to the Registration of Architects.

HB 2236 would authorize the Athletic Commission to issue a legislative rule relating to Administrative Rule of the West Virginia State Athletic Commission.

HB 2237 would authorize the Athletic Commission to issue a legislative rule relating to Regulations of Mixed Martial Arts.

HB 2247 would authorize the Board of Examiners in Counseling to issue a legislative rule relating to Marriage and Family Therapist License Renewal and Continuing Professional Education Requirement.

HB 2244 would authorize the Board of Examiners in Counseling to issue a legislative rule relating to Licensed Professional Counselor Fees.

HB 2245 would authorize the Board of Examiners in Counseling to issue a legislative rule relating to Licensed Professional Counselor License Renewal and Continuing Professional Education Requirements.

HB 2246 would authorize the Board of Examiners in Counseling to issue a legislative rule relating to Marriage and Family Therapist Fees.

All bills were approved to the committee and will be sent to the floor with the recommendation that they do pass but first be referred to the judiciary.

House Education Committee Reports House Bill 2420

House Committee

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February 20, 2017

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The House Education Committee met today to discuss House Bill 2420.

House Bill 2420 would provide that the State Board of Education may delegate its Medicaid provider status and subsequent reimbursement to regional educational service agencies or county boards. The bill was referred to the Health and Human Resources Committee with the recommendation that it pass on the floor.

They also had a presentation on the Community and Technical College System in West Virginia. The presenter emphasized that the average age of a student attending these colleges is 28 years old and that they have more bills to pay, families to care for, and jobs to work than the average college student. This means that if tuition to these schools goes up by even a little then the head count will go down as it will be less affordable for these students who are working to pay their way through school. The presenter also said that their goal is to provide the support that community and technical college students need in West Virginia.

Senate Natural Resources Approves Sunday Hunting Statewide

Senate Committee

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February 20, 2017

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The Senate Committee on Natural Resources has approved a bill that would allow hunting and trapping throughout the state on Sundays.

The bill, SB 345, amends certain sections of the Code to allow hunting on Sundays across the state, rather than leaving the decision up to county-wide elections.

Sunday hunting would only be permitted on private lands with the consent of the landowner.

National Shooting Sports Foundation advocate Jason Webb said the bill would be able to attract tourism to the state, by attracting hunters who normally have to travel to Ohio, Kentucky or Virginia to hunt on Sundays.

The fiscal note for the bill also shows that passing the bill could add just over $600,000 in general revenue annually.

As of now, 42 states allow hunting on Sundays.

The bill will be reported to Senate Judiciary for a second reference.

Members of the committee also voted to report SB 325 to the floor with the recommendation that it pass to clarify licensing for the use of a crossbow during crossbow deer season.

Bill Increasing Penalties for Littering Passes

House Floor Session

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February 20, 2017

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Today on the House floor HB 2303 and HB 2319 passed.

HB 2303 increases the penalties for littering.

HB 2319 requires legislators to disclose contributions and fund-raising events while the Legislature is in session. Information must be provided within 5 days of the event or receipt of contribution.

Seven bills were on first reading today:

Committee Meetings Today

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

Judiciary: Resuming at 2 p.m. in 410M

Finance: 2 p.m. and 3 p.m. for budget hearings in 460M

Education: 2 p.m. in 434M

Committee Meetings Tomorrow

Ag. and Nat. Resources: 8:30 a.m. in 215E

Industry and Labor: 10 a.m. in 215E

Political Subdivisions: 1 p.m. in 215E

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

Select Committee on Prevention and Treatment: 3:30p.m. in 215E

Five Bills Pass the Senate Floor Today

Senate Floor Session

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February 20, 2017

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The Senate met today and passed five bills. These bills were SB 116, SB 172, SB 215, SB 247, and SB 248.

Senate Bill 172 would eliminate the salary for Water Development Authority board members.

Senate Bill 215 would allow county commissions authority to amend proposed rates, fees and charges proposed by the public.

Senate Bills 247 and 248 relate to the legislative Commission on Special Investigations. SB 247 would authorize a prosecuting attorney to designate and deliver grand jury records for investigative purposes. SB 248 would clarify the composition and chairmanship of the Commission on Special Investigations.

The bills moving from second reading to third reading are SB 134, SB 202, and SB 249.

Senate Bills 350 – 356 were introduced today.

Senate Resolution 15 was adopted today which recognizes the centennial year of the City of Nitro.

Senate Resolution 16 was adopted today which recognizes June as West Virginia Post-Traumatic Stress Injury Month and June 27 as West Virginia Post-Traumatic Stress Injury Day.

The following committees are meeting today:

Finance at 3 p.m. in 451M.

Judiciary at 3 p.m. in 208W.

Natural Resources at 1 p.m. in 208W.

Banking and Insurance at 2 p.m. 451M.

The following committees meet tomorrow:

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

Military at 10 a.m. in 208W.

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

Select Committee on Tax Reform Meets to Discuss Upcoming Bill 335

Senate Committee

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February 17, 2017

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Today the Select Committee on Tax Reform met and listened to two presenters give their advice on the upcoming SB 335.

Ted Boettner spoke about the dangers of eliminating the income tax. He said replacing the income tax with a consumption tax would hurt spenders with lower incomes. He went on to discuss Kansas and what has happened to them economically since they underwent a similar tax reform. Senator Ferns (R-Ohio) brought up that there were many factors to Kansas’ economic state and that it can’t all be contributed to their tax reform.

John Deskins, Ph.D. spoke to the committee on the three principles of taxes. He said that taxes should be simple, efficient, and fair and that an elimination of the income tax and replacement with a consumption tax may help to promote those principles. He also brought up that there are currently no taxes on services and there isn’t a reason why besides that it is difficult.

Erin’s Law Heads to Senate

House Floor Session

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February 17, 2017

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Today, in the House of Delegates HB 2099, Erin’s Law, was passed. It will now go to the Senate for further discussion.

HB 2099 defines the act of leaving the scene of an accidet involving death or serious bodily injury as a felony and establishes the act of leaving the scene of a creash tht does not proximately cause death or injury as a misdemeanor; it also defines bodily injury and seious bodily injury.

HB 2303 and HB 2319 were both on 2nd readings today.

HB 2303 would increase the fines and community service hours for littering.

HB 2319 would require members of the Legislature to disclose contributions and fund-raising events while the Legislature is in session.

HB 2529 would add “sexual orientation” to the categories covered by the Human Rights Act, prohibiting discrimination in employment and place of public accommodation. The bill adds “age” and “sexual orientation” to the categories covered by the Fair Housing Act prohibiting discrimination in housing.

Committee Meetings Today

Judiciary: continuing at 12:30 p.m. in 434M

Committee Meetings Monday

Ag. and Nat. Res.: 8:30 a.m. in 215E

Judiciary: 9 a.m. in 410M

Sub-Committee on Anti-Competitive Behavior: 9 a.m. in 215E

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

Gov. Org.: 2 p.m. in 215E

Education: 2 p.m. in 434M

Finance: 2 p.m. for a Supreme Court Hearing; 3 p.m. Hearing from Department of Veteran Affairs in 406M

Four Bills Pass in the Senate Today

Senate Floor Session

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February 17, 2017

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The Senate met today and passed four bills that were on third reading on to the House. These bills were SB 127, SB 174, SB 230, and SB 233.

Senate Bill 127 would authorize the Department of Revenue to promulgate legislative rules.

Senate Bill 174 would exempt the transportation of household goods from PSC jurisdiction.

Senate Bill 230 would relate to West Virginia officials carrying concealed firearms nationwide.

Senate Bill 233 would exclude from protection oral communication uttered in child care centers under the Wiretapping and Electronic acts.

Bills on second reading today were SB 116, SB 172, SB 215, SB 247, and SB 248. These bills were all moved to third reading.

Senate Bills 340-349 were introduced today.

The following committees will meet today:

Tax Reform at 1 p.m. in 451M.

The subcommittee of Transportation and Infrastructure will meet Monday at 10:30 a.m. in 208W.

The senate is adjourned until Monday at 11 a.m.

In the House

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February 17, 2017

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Bills Passed from the House

House Bill 2006 (Increasing the penalties for violating the Whistle-blower Law) would increase the penalties for violating the Whistle-blower Law and authorize the termination from employment for a violation, instead of the current allowance of a suspension not to exceed six months. This bill is now being sent to the Senate for further discussion.

House Bill 2099 (Defining the act of leaving the scene of a crash involving death or serious bodily injury as a felony; Erin’s Law) would define the act of leaving the scene of a crash involving death or serious bodily injury as a felony and establish the act of leaving the scene of a crash that does not proximately cause death or injury as a misdemeanor. The bill defines what bodily injury and serious bodily injury.

Additional House Bills

House Bill 2303 (Increasing criminal penalties for littering) would increase the fines and community service hours for littering. This bill will be on 3rd Reading Monday.

House Bill 2319 (Relating to candidates or candidate committees for legislative office disclosing contributions) would require members of the Legislature to disclose contributions and fund-raising events while the Legislature is in session. It requires the information to be provided within 5 days of the event or receipt of contribution. It requires the Secretary of State to publish such information on the Secretary of State’s website within 1 day. This bill will be on 3rd Reading on Monday.

House Bill 2167 (Creating a Silver Alert program for senior citizens) would add senior citizens to the Silver Alert program. Silver Alert is a public system to notify the public about missing senior citizens. It uses various media platforms to get information out. This bill is on the House Calendar to be read for the first time on Monday.

House Bill 2007 (Eliminating courtesy patrol programs) would eliminate the courtesy patrol programs operated by the Divisions of Highways and the Parkways Authority. The funds from this program would be re-allocated to the State Road Fund. This bill was approved by the House Committee on Roads and Transportation and will go to House Finance for discussion.

House Bill 2205 (Eliminating heating oil for residential use from the Motor Fuel Excise Tax) would exempt heating oil used for residential purposes from the Motor Fuel Excise Tax. This bill was approved by the House Judiciary Committee and is going to House Finance for discussion.

House Bill 2223 (Relating to the DEP Air Quality Board) would authorize the Department of Environmental Protection to issue a legislative rule relating to Permits for Construction, Modification, Relocation and Operation of Stationary Sources of Air Pollutants, Notification Requirements, Administrative Updates, Temporary Permits, General Permits, Permission to Commence Construction and Procedures for Evaluation. The bill was approved by the House Energy Committee and is going to House Judiciary for more discussion.

House Bill 2265 (Medicine, WV Board of Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants) would authorize the Board of Medicine to issue a legislative rule relating to Licensure, Disciplinary and Complaint Procedures, Continuing Education, Physician Assistants. The bill was approved by the Committee of Health and Human Resources and is being discussed in House Judiciary.

House Bill 2123 (Making the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority) would make the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority. The bill was approved by the Education Committee and will be discussed in the Finance Committee.

House Bill 2447 (Rename Court of Claims) would rename the Court of Claims as the state Claims Commission, rename the judges as commissioners. It modifies definitions and provides explicit powers for the removal of commissioners. It would provide authority to the Joint Committee on Government and Finance for hiring a clerk, chief deputy clerk, and deputy clerks. This bill was discussed in the House Judiciary Committee.

House Bill 2103 (Making changes to the definition of contractor for purposes of the West Virginia Contractor License Act) would raise the amount required for a licensed contractor to do a construction job from $2,500 to $4,000. This bill was approved by the House Industry and Labor Committee and was sent to House Government Organization for discussion.