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House of Delegates: 2016 Session Part 3

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After reconvening at 5 p.m. the House of Delegates reviewed several Senate Communications.

The House concurred with the Senate and allowed the following bills to complete legislation: SB 267 which would modify the removal procedure for certain county, school district and municipal officers, SB 298 also known as the Brunch Bill and would permit restaurants, private clubs and wineries to sell alcohol on Sundays, SB 311 which allows a permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program, SB 634 which creates the William R. Laird IV Second Chance Driver’s License Act, HB 2665 which relates to participation in Motor Vehicle Alcohol Test and Lock Program, HB 4237 supporting the Strengthening Families Act, HB 4314 which would prohibit the sale of powdered or crystalline alcohol, HB 4334 which would clarify the requirements for a license to practice as an advanced practice registered nurse and expanding prescriptive authority, HB 4740 which would permit that current members of the National Guard or Reserves may be excused from jury duty, 

The House agreed to a conference committee regarding SB 454 which relates to licensing and regulating medication-assisted treatment programs for substance use disorders.

Additionally, the House concurred with the Senate, and amended the following bills which will now await Senate concurrence: SB 621, HB 2110, HB 2494, HB 2897 the Young Entrepeneur Investment Act,

Several members of the House whom will not be returning next session, stood up to share emotional stories and thank their colleagues for their comraderie, including Delegate Jim Morgan (D-16), Delegate Anna Border-Sheppard (R-9), Delegate Walter Duke (R-61), Delegate Denise Campbell (D-43), Delegate Joshua Nelson (R-23), Delegate Stephen Skinner (D-67), Delegate Ryan Weld (R-2), Delegate David Perry (D-32), Delegate Don Perdue (D-19), Delegate Doug Reynolds (D-17), Delegate Mike Azinger (R-10),  Delegate Larry Faircloth (R-60), Delegate John McCuskey (R-35), Delegate Bill Flanigan (R-51), Delegate Randy Smith (R-53) and Delegate Lynwood “Woody” Ireland (R-17).

The Conference Committee regarding SB 454 will meet in the back of the Senate Chamber at 7:15 p.m.

The House will be in recess until 7:45 p.m.

House of Delegates: 2016 Session Finale Part 2

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After reconvening at 1 p.m., the House of Delegates concurred and passed 11 bills, allowing them to complete legislation.

They were: SB 306, which permits the sale of county or district property online, SB 524 which rewrites the Board of Barbers and Cosmetologists article, HB 2205 which creates the crime of prohibited sexual contact by a psychotherapist,  HB 4038 which relates to insurance requirements for refilling topical eye medicine, HB 4146 which provides insurance coverage for abuse-deterrent opiod analgesic drugs, HB 4307 which allows the carrying of firearms for self-defense in state parks, state parks and state recreational areas, HB 4323 which relates to the reporting of emergency incidents by well operators and pipeline operators, HB 4537 which relates to the regulation of chronic pain clinics, HB 4554 which allows an increase in the gross weight limitation on certain roads in Greenbrier County, HB 4558 which relates to victim notification and designation of additional individuals to receive notice of an offender’s releas and HB 4561 which creates a special hiring process for West Virginia Division of Highways employees. 

The House concurred with, but added further amendments to HB 4365 which relates to the certificate of need process. It will return to the Senate for concurrence.

HB 4383 which would make individuals responsible for costs relating to the filing of excessive false complaints was passed with a title amendment adopted by the House and sent back to the Senate for concurrence.

The House of Delegates spent some time during the afternoon claiming honors and showing appreciation for the many staff members that serve behind the scenes, allowing everything to run smoothly.

The House Rules committee will meet at 3:45 p.m.

The House will be in recess until 4 p.m.

Senate Session Finale 2016

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The Senate convened today at 10 a.m., 2:30 p.m. and 7 p.m.

23 Senate bills completed legislation today. Those include: Senate Bills 262267, 278293, 298, 306, 311339, 345, 361427, 431, 454504524, 567588597601, 602618634 and 686.  Senate Bill 339 would establish the Judicial Compensation Commission.  Senate Bill 686 would authorize loca governing authorities hold sanctioned motor vehicle races on roads, streets or airports under their jurisdiction.

There were 40 bills on third reading today.  During the 11 a.m. session, seven of those bills were read. Those bills are 2110, 2366, 2605, 2665, 2795, 2897 and 4001.

After reconvening at 2:30 p.m., the Senate passed an additional 27 of the 40 bills on third reading. House Bill 4035, permitting pharmacists to furnish naloxone hydrochloride, and House Bill 4542, allowing persons with property within rural fire protection districts to opt out of fire protection coverage, were referred to the Committee on Rules on the third reading. 

One additional bill was read and passed on third reading during session at 7 p.m. That bill was House Bill 4201.

House Bill 4660 was rejected on the Senate floor with an 11-21 Y/N vote with two senators absent. This bill related to the information required to be included in support of an application to the Public Service Commission for a certificate of convenience and necessity for a water, sewer and/or stormwater service project. House Bill 4271 was also rejected on the Senate floor with a 6-28 Y/N vote. This bill would have ended discretionary transfers to the Licensed Racetrack Modernization Fund.

The Senate adopted House Concurrent Resolution 36, which would allow for a constitutional convention of states regarding a balanced budget amendment. 

Three of the bills on third reading were referred to the Committee on Rules.  Those bills are  House Bills 4035, 4542 and 4606.

The Committee on Rules met at 1:30 p.m. in the Senate President’s Conference Room. 

The Education Committee met at 5:45 p.m. in 451M.

The Judiciary Committee met at 5:50 p.m. in 208W.

The 82nd Legislative session ended at midnight.

House of Delegates: 2016 Session Finale Part 1

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The House of Delegates convened at 10 a.m. for day 60, the final day of the 2016 legislative session.

The House completed its calendar this morning including SB 272 which would allow investigators from the Attorney General’s office to carry concealed weapons, SB 278 which clarifies physicians’ mutual insurance company is not state or quasi-state actor, SB 404 which would remove prohibition on billing persons for testing for HIV and sexually transmitted diseases and, SB 427 which would transfer funds from State Excess Lottery Fund to Department of Revenue, SB 465 allowing professional employers insure certain risks through pure insurance captive and SB 578 which would protect utility workers from crimes against persons.

The conference committee on SB 597 met at noon in the President’s Conference Room.

The House will be in recess until 1 p.m.

HCR 36 Adopted by House

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The House of Delegates convened at 9 a.m. and finished business around 10 p.m. on Friday.

Only being one day away from the end of the 2016 session, the House calendar was lengthy to have final discussions on a total of 32 bills up for passage.

The first bill to pass was Senate Bill 107. This particular bill is also known as the Uniform Interstate Depositions and Discovery Act. Another bill voted to pass was Senate Bill 262, which would eliminate need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings. 

After the passage of a few bills, there was an extended debate on the floor over Senate Bill 269, the budget bill, which eventually passed in the House and will now be communicated back to the Senate.

The House returned from recess to consider the rest of the bills on the calendar. The first bill to be discussed after recess was House Bill 4741 which would expire funds to the Division of Human Resources, Medical Services Trust Fund. House Bill 4742 then passed right after that in order to work to expire funds to the Division of Human Resources, Medical Services Trust Fund from various accounts. Both bills will now be sent to the Senate for further consideration.

Along with bills passed on third reading, Senate Bill 298, also known as the Brunch Bill, passed in the House which would allow restaurants, private clubs and wineries to sell alcoholic beverages on Sundays. The bill passed and will now be communicated to the Senate.

Among other bills passed were Senate Bill 339, 454, 504 and 517. Senate Bill 563 also passed which would work to increase retirement benefit multiplier for WV Emergency Medical Services Retirement System members.

Senate Bill 686 also passed in the House which would authorize local governing authorities hold sanctioned motor vehicle races on roads, street or airports under their jurisdiction.

House Bill 4017 was tabled, to be considered tomorrow.

A total of six bills were advanced to third reading.

When the House reconvened they took up and adopted HCR 36, which would allow for a constitutional convention of states regarding a balanced budget amendment. 

The House will reconvene at 10 a.m. Saturday.

Second Chance Driver’s License Act Completes Legislation

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The Senate met today at 11 a.m.

Nine Senate Bills; 54, 259, 202, 352, 468, 505, 625, 634 and 691 completed legislation this morning. Senate Bill 634 establishes the William R. Laird IV Second Chance Driver’s License Act. The purpose  is to create a program that will allow the DMV commissioner to temporarily hold a driver’s license suspension or revocation for the purpose of the applicant obtaining and maintaining employment. For those accepted, the individual must remain current in the repayment of unpaid court costs as a program requirement. These bills now await the Governor’s final approval.

The Senate concurred and passed with House amendments on Senate Bills 306, 311 and 524 and the bills will be sent to the Governor’s office once the House concurs with Senate passage. Senate Bill 306 permits the sale of county or district property online, Senate Bill 311 allows permanent exception for modification or refinancing loans under the Federal Making Home Affordable program, and Senate Bill 524 rewrites the Board of Barbers and Cosmetologists article.

32 House Bills were on the third reading in the Senate today. 27 of those bills passed, not including House Bills 4035, 4316, 4606 and 4655, which were laid over one day, retaining their places on the calendar. Once the House of Delegates concurs with Senate amendments, House Bills 2205, 4013, 4038, 4040, 4053, 4060, 4168, 4174, 4237, 4301, 43074314, 4316, 4317, 4323, 4435, 4461, 4463, 4537, 4554, 4575, 4578, 4586, 4594, 4618, 4728 and 4738 will await the Governor’s final approval to complete legislation. House Bill 4352, which relates to the selling of certain state owned health care facilities by the Secretary of the Department of Health & Human Resources, was rejected in the Senate with a 12-22 Y/N vote.

35 House Bills were on the second reading in the Senate and advanced to the third reading for tomorrow. House Bill 4243, which would extend the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds, was referred to the Committee on Rules on second reading.

 

The State Senate will reconvene for the final day of this legislative session tomorrow, Saturday March 12, at 10 a.m.

Senate Overrides Governor Veto on Senate Bill 10

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The Senate convened today at 11 a.m. and 7:30 p.m.

There were 18 bills read on third reading today.  One of those bills was the Budget BillSenate Bill 269 addresses the budgetary issues in West Virginia.  The bill, which is by request from the executive, would appropriate money necessary for the economical and efficient discharge of the duties and responsibilities of the state and its agencies during the fiscal year of 2017.

The remaining bills on third reading were:  House Bill 2494, 2826, 4014, 4080, 4265, 4334, 4351, 4360, 4365, 4411, 4487, 4502, 4507, 4517, 4519, 4636 and 4734House Bill 4014 would prevent the State Board of Education from implementing common core academic standards and assessments.  House Bill 4360 would increase the criminal penalty for the unlawful practice of law.  All of the bills on third reading were passed and communicated to the House for consideration.

The Senate had 31 bills on second reading today.  House Bill 2205 would create the crime of prohibited sexual contact by a psychotherapist.  House Bill 4307 would clarify that a firearm may be carried for self-defense in state parks, state forests and state recreational areas.  House Bill 4575 would create criminal offenses relating to money laundering.

Governor Tomblin vetoed Senate Bill 10 on March 9, 2016.  Senate Bill 10, the Unborn Child Protection from Dismemberment Abortion Act, would alter the procedure protocols for a type of medical procedure commonly used during second trimester pregnancies.  The Senate reviewed the veto today and voted to override the decision.  The bill was sent to the House for consideration.

There were a number of bills that completed legislation in the Senate today.  Those bills include:  Senate Bill 6, 43, 47, 195, 330, 338, 416, 494, 520, 573 and 627.

 

The following committees will meet tomorrow morning before session:

The Committee on Finance: 9 a.m. in 451M

 

The Senate will reconvene tomorrow morning at 10 a.m.

Mountaineer Challenge Academy Bill Passes House

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The House of Delegates met today at 9:30 a.m. to get a head start on the final day for bills to be advanced to second reading. 

Two interns that have worked this session, graced the members with a speech, summing up their experiences here at the Capitol this session.  

Seventeen bills passed the House today, and among those 8 completed legislation. SB 384 would require the Bureau for Medical Services to seek federal waiver for a 30-day waiting period for tubal ligation, SB 459 would require county board of education to pay tuition to the Mountaineer Challenge Academy, SB 493 would allow the creation of self-settled spendthrift trusts, SB 516 relates to the registration for selective service, SB 545 relates to asbestos abatement on oil and gas pipelines, SB 595 relates to retirement credit for members of the WV National Guard, SB 613 would define total capital for purposes of calculating state-chartered bank’s lending limit and SB 614 would conform statute with court interpretation by replacing “unconscionable” with “fraudulent” when referring to conduct. 

SB 622 which relates to the composition of PEIA Finance Board, was delayed on the calendar one day and will be taken up on third reading tomorrow.

Twenty-eight other bills were advanced to third reading, with SB 539 laid over on second reading.

A message from the Governor provided an explanation for a veto on SB 10, which would create the Unborn Child Protection Act. The House overrode the veto with a vote of 85 to 15.

After reconvening once again at 5 p.m., the House continued with the remaining four bills on second reading today, including the budget bill, House Bill 4017. The House voted to consolidate the Senate Budget Bill within the House Bill.

 

Six bills were advanced to second reading as well. 

The House voted to concur with the Senate and pass HB 4346, HB 4587, SB 265 and SB 333

 

The following committees will tomorrow prior to session: 

Rules: 8:45 a.m.

 

The House will reconvene tomorrow at 9 a.m.

Drug Testing TANF Recipients Passes House

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The House of Delegates met today at 11 a.m. 

As the last few days of session are among us, the House calendar is filled with many bills and more hours are being spent on the floor and in committee to discuss as much legislation as possible before session ends.

Today, resolutions were adopted before 15 bills were taken up for consideration and passed in the House. The highly debated Senate Bill 6 passed in the House and would require drug screening and testing of applicants for the TANF program. 

Senate Bill 524 was rejected yesterday, then taken up for reconsideration today and passed. This bill rewrites the Board of Barbers and Cosmetologists article.

Two bills were passed relating to PEIA as well. Senate Bill 520 will allow PEIA ability to recover benefits or claims obtained through fraud. The other  PEIA related bill, Senate Bill 622, passed to define the Composition of the PEIA Finance Board. 

Various other bills passed in the House today, some specifically dealing with health related concerns. House Bill 597 passed by a majority, which related generally to Health Care Authority. Senate Bill 627 also passed in order to permit physicians to decline prescribing controlled substances.

The House also considered 19 bills which were advanced to third reading. Twenty-nine bills were then sent to second reading for discussion of passage.

 

The following committees will meet today: 

Judiciary: 5:30 p.m. 

Finance: 6:30 p.m. 

 

The House is adjounrned until 9:30 a.m. tomorrow.

 The Rules committee will meet tomrrow at 9:15 a.m. 

Budget Bill Advances to Third Reading

The Senate met today at 11 a.m. and 2 p.m.

The Senate concurred with House amendments on Senate Bills 104, 334, 349, 469 and 591. These bills now await the Governor’s final approval. Senate Bill 104 would classify Marshall University’s Forensic Science Center as a criminal justice agency, allowing the center to participate in the National Data Exchange.

House Bills 2904, 4171, 4246, 4309, 4340, 4345, 4378, 4383, 4417, 4448, 4612, 4651, 4739 and 4740 were read for the third time and passed in the Senate. Once the House of Delegates concurs with Senate amendments the bills will await the Governor’s approval.

House Bill 4188, which relates to the development and implementation of a program to facilitate commercial sponsorship of rest areas, was referred to the Committee on Rules on the third reading.

Senate Bill 269, the Budget Bill, in addition to 17 House Bills were read for the second time and advanced to the third reading. House Bill 4168, which creates a special motor vehicle collector license plate, House Bill 4315, which relates to air-ambulance fees for emergency treatment or air transportation, and House Bill 4365, which relates to the certificate of need process, were laid over on the second reading and will retain their places on the calendar.

The following committees will meet today:

Senate Confirmations at 3:20 p.m. in 208W

Finance at 4 p.m. in 451M

Judiciary at 4 p.m. in 208W

The following committees will meet tomorrow prior to session:

Government Organizations at 8:30 a.m. in 208W

Finance at 9 a.m. in 451M

Judiciary at 9 a.m. in 208W

 

The Senate will reconvene tomorrow at 11 a.m.