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Over 100 Bills Have Now Completed Legislation

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

Session began with a display from the Mountaineer Challenge Academy, in which four young women posted the colors for the House before the recitation of the Pledge of Allegiance.

The motion to discharge from the committee process the “Second Chance Bill”, SB 411, was tabled by a vote of 54 to 43.

Thirty bills passed the House of Delegates today. Among them were SB 39 which would regulate off-road motorcycles within the Hatfield-McCoy Recreation Area, SB 573 which would prohibit municipal annexation that would result in unincorporated territory within a municipality, SB 591 which relates to voter registration list maintenance and combined voter registration and driver licensing fund and SB 265 which would allow library volunteers necessary access to user records and was moved to the special calendar by the Rules Committee.

Bills that have completed legislation thus far into session total at 102.

After reconvening at 8 p.m., 12 bills were advanced to third reading and 18 bills were advanced to second reading.

HB 2852, which would legalize and regulate the sale and use of fireworks, completed legislation today when a Senate message relayed a concurrence with the House amenments.

 

The following committees will meet today:

Judiciary: 3 p.m.

Education: 3 p.m.

Finance: 4 p.m.

Rules: 6:45 p.m. 

 

The following committees will meet tomorrow morning:

Judiciary at 9 a.m.

Finance  at 9:30 a.m.

Rules  at 10:45 a.m.

 

 

The House of Delegates will reconvene tomorrow at 11 a.m.

Senate Passes 19 House Bills

The Senate convened today at 11 a.m. and 5 p.m.

The Senate had 20 bills on third reading today.  Those bills were:  2588, 2615, 2801, 2823, 4188, 4209, 4213, 4225, 4295, 4322, 4377, 4433, 4489, 4520, 4561, 4587, 4617, 4705, 4725 and 4726.  All of those bills were passed, except House Bill 4188, which was laid over on the calendar one day.

House Bill 4322 would expand the Learn and Earn Program.  House Bill 4377 would eliminate exemption fro m hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days.  House Bill 4725 relates to providing the procedures for the filling of vacancies in the office of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate and making certain clarifications.

There were 14 bills on second reading in the Senate today.  Those bills were:  2904, 4171, 4246, 4309, 4340, 4345, 4378, 4383, 4417, 4448, 4612, 4651, 4739 and 4740.  All of the bills on second reading were advanced to third reading.

House Bill 4246 would change the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library.  House Bill 4309 would increase criminal penalties for conviction of certain offenses of financial exploitation of an elderly person.  House Bill 4383 would make individuals responsible for the costs relating to the filing of excessive false complaints.

 

The following committees met today:

The Committee on Finance: 3:30 p.m. in 451M

The Committee on Judiciary: 3:30 p.m. and 6:15 p.m. in 208W

The Committee on Health and Human Resources:  2:30 p.m. in 451M

The Committee on Energy, Industry and Mining:  2:30 p.m. in 208W

 

The following committees will meet tomorrow before session:

The Committee on Education:  8:30 a.m. in 451M

The Committee on Government Organization:  8:30 a.m. in 208W

The Committee on Rules: 10 a.m.

 

The Senate will reconvene tomorrow morning at 11 a.m.

WVU Tech Relocation Bill Completes Legislation

The Senate met today at 11 a.m.

House Bill 4310  was passed in the Senate. The bill relates to the location of the West Virginia University Institute of Technology. Once the House of Delegates concurs with the Senate message, the bill will await the Governor’s approval and once signed, the institution would relocate to West Virginia University’s newly-acquired campus in Beckley, West Virginia.

House Bill 2122, which makes it illegal for first responders to photograph a corpse, and House Bill 4505, which would allow Powerball winners to remain anonymous were also passed in the Senate. These three bills, along with 17 others, now await the Governor’s final approval.

19 House Bills, including House Bill 4489, which relates to human trafficking offenses, were read for the second time and advanced to the third reading. House Bill 4612, which relates generally to tax increment financing and economic opportunity development districts, was laid over on the second reading and will retain its place on the calendar.

 

The following committees will meet today:

Banking & Insurance at 2:50 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3:30 p.m. in 208W

Education at 6 p.m. in 451M

 

The following committees will meet tomorrow prior to session:

Education at 8:30 a.m. in 451M

Finance at 9 a.m. in 451M

Judiciary at 9 a.m. in 208W

Transportation at 10 a.m. in 451M

Government Organizations at 11 a.m. 208W

 

The Senate will reconvene tomorrow at 11 a.m.

Last Week of 2016 Session Begins

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

The last week of session began with the passage of one bill, allowing it to complete legislation. Senate Bill 658 passed as well to allow licensed professionals to donate time to care of indigent and needy in clinical setting. 

As time winds down the agenda is filled with bills to consider. A large sum of 32 bills were advanced to third reading today. Eleven bills were advanced to second reading on the House Calendar.

Along with bills passed and advanced, 31 resolutions were adopted.

In the second session, the House immediately took up several bills passed by the Senate. Among them were House Bill 2122 which would make it illegal for first responders to photograph a corpse, House Bill 4505 which would allow powerball winners to remain annonymous, House Bill 4654 which relates to the Executive Secretary of the Board of Professional Nurses, Senate Bill 68 which would disallow Health Care Authority to conduct rate review and set rates for hospital and Senate Bill 437, which would update and clarify code relating to rules governing mixed martial arts. Each of the bills have completed legislation. 

House Bill 2852, which would legalize and regulate the sale of fireworks, was passed with a futher amendment, sending the bill back to the Senate for concurrence.

 

 

The following committees will meet today: 

Judiciary: 1:30 p.m.

Finance: 2 p.m. 

Education: 2 p.m.

Judiciary: 6 p.m.

 

The following committees will meet tomorrow prior to session: 

Health & HR: 9 a.m.

Finance: 9 a.m. 

Judiciary: 9 a.m.

Rules: 10:45 a.m.

 

The House of Delegates will adjourn untill 11 a.m. tomorrow morning.

In the House

As of 4 p.m., Friday, March 4, 2016 the 52nd day of the second session of the 82nd Legislature, 1182 bills have been introduced in the House. Of those, 218 have passed and have been sent to the Senate for further consideration, and 13 have completed legislation. Among those:

House Bill 4352 (Relating to the selling of certain state owned health care facilities by the Secretary of the Department of Health and Human Resources) would work to authorize the selling of certain state owned health care facilities by the Secretary of the Department of Health and Human Resources. The bill proved that expenditures from the fund are not authorized from collections deposited in the fund but are to be made only in accordance with appropriation by the Legislature.

House Bill 4463 (Permitting the practice of telemedicine) the purpose of the bill is to permit the practice of telemedicine. The bill establishes requirements and makes exceptions. The bill also defines terms and authorizes rulemaking. The bill has since been communicated to the Senate.

House Bill 4505 (Allowing powerball winners to remain anonymous) would work to allow a powerball winner to be anonymous if they elect to be anonymous. The bill also provides an exemption under FOIA if a person elects anonymity. The bill has been communicated to the Senate for consideration.

House Bill 4240 (Relating to the Uniform Controlled Substances Act) would work to increase the penalties and mandatory minimum sentences for drug traffickers bringing drugs into the state and for distributing drugs. The enhanced penalties apply to those individuals previously been convicted of a drug offense who are in possession of a certain threshold of drugs at the time of arrest.

House Bill 4271 (Ending discretionary transfers to the Licensed Racetrack Modernization Fund) would work to end discretionary transfers to the Licensed Racetrack Modernization Fund. If this bill were enacted, these transfers of up to $9 million annually, which were to be permitted through July 1, 2020, would no longer be permitted; the Licensed Racetrack Modernization Fund would be closed; and the fund’s balance would be transferred to the General Revenue Fund of the state. The bill would also close the Historic Resort Hotel Modernization Fund and would transfer that fund’s balance to the General Revenue Fund as well.

House Bill 4307 (Clarifying that a fireman may by carried for self defense in state parks, state parks, state forests and state recreational area) would work to clarify that a firearm may be carried for self defense in state parks, state forests and state recreational areas managed by the Department of Natural Resources. The bill is now being considered in the Senate Judiciary Committee.

House Bill 4428 (Clarifying that optometrists may continue to exercise the same prescriptive authority which they possessed prior to hydrocodone being reclassified) would work to permit the pharmaceutical certified licensee, certified optometrist, to prescribe hydrocodone and hydrocodone containing drugs, for a duration of no more than three days.

House Bill 4507 (Providing an employer may grant preference in hiring to a veteran or disabled veteran) would work to provide an employer may grant preference in hiring to a veteran or disabled veteran without violating the state Human Rights Act. The bill defines the term “veteran” for purposes of the allowable preference in hiring.

House Bill 4561 (Creating a special hiring process for West Virginia Division of Highway employees) would work to require the Commissioner of the West Virginia Division of Highways and the Director of the West Virginia Division of Personnel to collaborate to develop a special hiring process for Division of Highway positions; to exempt the West Virginia Division of Highways from regular State Personnel Board Procedures upon implementation of the special hiring process; to establish requirements for the special hiring process; and to establish reporting requirements.

House Bill 4577 (Creating an additional penalty for use of a firearm in furtherance of a drug offense) would work to create an additional penalty for use of a firearm in furtherance of a drug offense. The bill additionally includes a heightened penalty if the firearm is discharged.

House Bill 4035 (Permitting pharmacists to furnish naloxone hydrochloride) would allow pharmacists to furnish opioid antagonists upon request by those who know someone who could be a potential candidate for drug overdose. The drug provides people with the ability to help prevent death by overdose. Additionally, the bill would require that those requesting access to the drug be trained to properly administer as well as in the potential signs of drug overdose.

House Bill 4046 (Relating to the promulgation of rules by the Department of Administration) would authorize certain agencies to publicize certain legislative rules with modifications presented to and recommended by the Legislative Rule-Making Review Committee. Additionally it would allow the Department of Administration to repeal certain legislative, procedural or interpretative rules that are no longer authorized or are obsolete.

House Bill 4168 (Creating a special motor vehicle collector license plate) would authorize the commissioner of the Division of Motor Vehicles to issue a special motor vehicle collector license plate. The bill would also establish requirements for issuance, establishing fees, and providing requirements and conditions for use of the plate on a collector motor vehicle.

House Bill 4196 (Relating to abandoned antique vehicles) would allow automobile auctions to obtain titles to abandoned vehicles, and create a process by which an automobile auction may obtain a salvage certificate or an unrepairable motor vehicle certificate for vehicles abandoned on its property.

House Bill 4239 (Relating to construction of a modern highway from Pikeville, Kentucky to Beckley, West Virginia) would develop a highway project plan for the extension of the state of Kentucky’s Mountain Parkway Expansion project from the eastern Kentucky border with West Virginia into Mercer County and Raleigh County. The bill would also require the commissioner of highways to develop the highway project plan, quarterly progress/status reports and a full report to the legislature by the first day of the 2017 session.

House Bill 4246 (Changing the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library) would change the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library and would make changes in the current law to be consistent with the change of name in relation to the creation of a library board with the power to operate the public library. The bill also provides a stable method of financing the operation of the Martinsburg-Berkeley County Public Library.

House Bill 4301 (Relating to a framework for initiating comprehensive transformation of school leadership) would initiate comprehensive transformation of school leadership and make legislative findings that provide a context for leadership that promotes instructional improvement.

House Bill 4308 (Barring persons who are convicted of certain criminal offenses from acquiring property from their victims) would bar persons who are convicted of certain criminal offenses from acquiring property form their victims through joint tenancy or inheritance. The bill would also create exceptions.

House Bill 4364 (Internet Privacy Protection Act) would protect the privacy of personal electronic data for employees and applicants for employment, and to authorize employers to investigate to ensure compliance with applicable protections of certain business information.

House Bill 4435 (Authorizing the Public Service Commission to approve expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects) would modernize and improve coal-fired boilers at electric power plants and provide procedure for expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects deemed just and reasonable and in the public interest.

House Bill 4537 (Relating to the regulation of chronic pain clinics) would update the definitions and exemptions and clarify hearing notice procedures with regard to the regulation of chronic pain clinics.

House Bill 4586 (Ensuring that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways) would ensure that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways. The bill would require the appointment of a limited guardian if a protected person is not otherwise represented and an attorney to represent an incarcerated person who is not otherwise represented in a condemnation action. The bill would also clarify that the process set out in the eminent domain statute must be followed rather than other requirements related to disposition of a protected person’s or inmate’s real property.

 

In the Senate

As of 4 p.m., Friday, March 4, 2016, the 52nd day of the second session of the 82nd Legislature, 705 bills have been introduced in the Senate. Of those, 237 of the bills have passed and have been sent to the House for further consideration.

Senate Bill 10 (Creating Unborn Child Protection from Dismemberment Abortion Act) would prohibit dismemberment abortions, which is a method used in second trimester pregnancies. It would allow the procedure only after fetal demise.

Senate Bill 25 (Providing selection procedure for state delegates to Article V convention) would authorize participation by delegates in Article V convention only when each state has equal vote.

Senate Bill 104 (Classifying Marshall University Forensic Science Center as a criminal justice agency) would declare Forensic DNA Analysis Laboratory of the Marshall University Forensic Science Center to be engaged in administration of criminal justice.

Senate Bill 337 (Creating 5-year tax credit for businesses on post-mine sites) would allow a corporation, small business corporation, limited liability company, partnership or unincorporated business the opportunity to receive a tax credit if they are located on post-mine sites.

Senate Bill 454 (Licensing and regulating medication-assisted treatment programs for substance use disorders) would repeal regulation of opioid treatment programs.

Senate Bill 534 (Relating to procedures for driver’s license suspension and revocation in criminal proceedings) would make persons convicted of driving under the influence eligible for participation in comprehensive safety and treatment programs and related reductions in length of revocation for successful completion.

Senate Bill 555 (Providing a 3-cent tax increase on sale of fuel when cost is less than $2 per gallon) would increase the tax on fuel sales to provide funding to the State Road Fund.

Senate Bill 563 (Increasing retirement benefit multiplier for WV Emergency Medical Services Retirement System members) would increase retirement benefit multiplies for members with more than twenty-five years of credited service.

Senate Bill 601 (Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities) would not cover materials recovery facilities or mixed waste processing facilities under the jurisdiction of the Public Service Commission.

Senate Bill 602 (Relating to Patient Injury Compensation Fund) would transfer funds from Medical Liability Fund to Patient Injury Compensation Fund and then close the Medical Liability Fund.

Senate Bill 622 (Composition of PEIA Finance Board) would create a board consisting of eight members with staggered terms, to be determined by the Governor.

Senate Bill 625 (Revising exceptions from FOIA provided for in Aboveground Storage Tank Act) would allow disclosure on any location, characteristics and approximate quantities of potential sources of significant contamination within the zone of critical concern to the extent that are in the public domain through a state or federal agency.

Senate Bill 644 (Authorizing counties to offer license plates customized to county) would allow any county in the state of West Virginia to customize and offer county registration plates for Class A motor vehicles.

Senate Bill 647 (Exempting certain complimentary hotel rooms from occupancy tax) would not allow the tax to be imposed on complimentary hotel rooms provided without charge by a hotel operator to guests.

Senate Bill 678 (Relating to ownership and use of conduit providing telephone service) would prevent a telephone public utility from prohibiting a customer who has provided conduit or other underground construction provided at the customer’s expense from using the conduit or other underground construction for purposed other than services provided by the telephone company.

Senate Bill 686 (Authorizing local governing authorities hold sanctioned motor vehicle races on roads, streets or airports under their jurisdiction) would allow county commissions to organize and hold motor vehicle racing events in their county.

Senate Bill 701 (relating generally to resort area districts) would authorize resort area districts to hold local option elections as to whether or not the sale of alcoholic beverages may be sold within the district.

Senate Bill 702 (Allowing title of real estate to pass to individuals entitled to sale proceeds if executor fails to do so within 5 years of closing estate) would provide a five-year window for the executor of an estate to sell any real estate devised to be sold.

Senate Bill 703 (Relating to deposit of overpayment of certain fees into Children’s Trust Fund) would require the person due the refund to voluntarily and affirmatively choose to donate the amount of the refund to the West Virginia Children’s Trust Fund.

Senate Bill 705 (Reducing coal severance tax to 3 percent over two years) would gradually lower the severance taxes on July 1, 2017 and July 1, 2018.

 

Legislative Women’s Caucus A Bipartisan Gathering

Legislative Women Talk Dedication and Government

According to US Census statistics, women make up just over 50 percent of West Virginia’s current population. However, women have historically been under-represented in government.

The state legislature has greatly increased in female representation over the years. The 18 women out of 100 members in the House of Delegates come together to create the women’s caucus to focus on representing West Virginia women.

“I know it’s cliché to say,” said Caucus Chairwoman Jill Upson, “but it’s true, the women’s caucus has created a sort of sisterhood between us. We come together each week no matter what party or view and we focus on bettering West Virginia for all women.”

Upson said the women’s caucus hit the ground running during this 2016 session by bringing in groups weekly to discuss issues that impact women and their families throughout the state.

“Jobs are the biggest issue for me this session,” said Delegate Saira Blair.

As the youngest member of both the caucus and the House of Delegates as a whole, Blair brings a fresh college perspective to the issues that matter most.

“People my age are leaving this state due to the lack of jobs,” said Blair. “We have passed several bills this session that will finally get people watching West Virginia for a good reason and will help improve our state.”

Delegate Upson and Delegate Blair agreed that one of the most exciting bills for West Virginia this session was the “Uber Bill,” House Bill 4228.

“It’s so important that we finally allowed Uber to come to this state,” Upson said. “I know a woman who drives for Uber on the weekends and it greatly helps supplement her regular income. This bill will help bring jobs to West Virginia and help out all West Virginians.”

Across the rotunda, the Senate has a true icon among its members for what it means to be a dedicated representative.

“For three or four years it has been just me, the only woman,” said Senator Donna Boley, “but what was worse was in 1991 when I was the only Republican, now that was tough.”

Senator Boley’s women’s caucus of one grew to two this year when Governor Tomblin appointed Sue Cline to fill a vacant Senate seat.

“It’s been very nice to have another female representative in the Senate this session,” Boley said. “We are always treated fairly, and women bring a different perspective to many issues, like a mother’s perspective.”

In both chambers, the women receive a lot of respect from their male counterparts and perhaps that is partially due to the change in what a woman’s issue means today.

“They have always treated me like one of the guys in the Senate,” Boley said. “That may be because I have never really viewed issues as women’s or men’s; they are everyone’s issues.”

The sentiment is one Delegate Upson and Senator Boley seem to share.

“Our number one issue in West Virginia is jobs,” said Upson. “It’s a women’s issue, but it’s an everyone issue.”

The importance of the women’s caucus rests upon an ability to gather together and bridge party gaps by focusing on what matters to women and families throughout the state. Delegate Upson said she would be extending an invitation to Senator Boley and Senator Cline to join their women’s caucus.

House Passes Health Care Authority Rate Review

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

Eight bills were passed today in the House. Those bills were Senate Bills 29, 68, 303 which provides for a five-day resident fishing license, 376 which would expand the authority of the Secretary of State and State Police by allowing them to request a full set of fingerprints for each applicant for a private investigator or security guard license, 437, 500, 507 and 597.

Several members spoke for and again Senate Bill 597 which relates generally to the Health Care Authority.

Additionally, three bills were advanced to third reading and thirty-two bills were advanced to second reading.

The following bills completed legislation today after the House voted to concur with Senate amendments: House Bill 4235, which relates to publication requirements of the administration of estates and House Bill 4362, which would create a felony offense of strangulation.

The following committees will meet this evening:

Judiciary: 2:45 p.m.

 

The following committees will meet Monday morning prior to session:

Agriculture: 8 a.m. in 215E

Judiciary: 9 a.m.

Rules: 10:45 a.m.

 

The Judiciary Committee will host a public hearing on Monday at 8:30 a.m. regarding SB 298, the “Brunch Bill”.

The House of Delegates will reconvene Monday morning at 11 a.m.

Senate Overrides Governor Veto on Concealed Carry Bill

The Senate convened this morning at 9 a.m.

The Senate reviewed the veto by Governor Tomblin on House Bill 4145. After consideration and debate, the Senate voted to override the veto.  House Bill 4145, otherwise known as the Concealed Carry Bill, will now complete legislation.

The Senate concurred with House amendments to House Bill 4228, otherwise known as the Uber Bill.  The bill will go into effect on July 1, 2016.

The Senate had three bills on third reading today.  Those bills were House Bill 4146, 4235 and 4362House Bill 4146 would provide insurance cover for abuse-deterrent opioid analgesic drugs.  House Bill 4235 relates to the publication requirements of the administration of estate.  House Bill 4362 would establish a felony offense for strangulation.  All bills were passed through the Senate.

There were 20 bills on second reading in the Senate today.  Those bills include 427, 2122, 2796, 4157, 4159, 4160, 4279, 4310, 4324, 4330, 4346, 4505, 4540, 4558, 4604, 4644, 4654, 4673, 4674 and 4735House Bill 2122 would make it illegal for first responders topohotgraph a corpse.  House Bill 4558 relates to victimnotification and designation of additional individuals to receive notice of an offender’s release.  House Bill 4673 would provide for a crime for the theft, damage or release of deer from private game farms.  All bills were advanced to third reading.

 

The following committees will meet today:

The Committee on Judiciary:  11 a.m. in 208W

The Comittee on Government Organziation:  12 p.m. in 208W

The following committees will meet Monday before session:

The Committee on Education:  8 a.m. in 451M

 

The Senate will reconvene Monday morning at 11 a.m.

 

House Overrides Veto on Concealed Carry

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

The House of Delegates began with a message from Governor Tomblin’s veto of House Bill 4145, also known as the “Concealed Carry Bill.” The House agreed to consider the bill with the message of the governor and voted to override the veto.

As session quickly to comes to an end, the House is taking many bills up for consideration for the best of West Virginia. A total of thirteen bills were presented and passed on third reading today.

Senate Bill 13 passed in the House in order to increase penalties for overtaking and passing stopped school busses. Senate Bill 27 also passed to permit county commissions hire outside attorneys for collection of taxes through courts.

The House also considered and passed: Senate Bill 102, 254, 271 and 274. Senate Bill 283 passed through the House with the purpose of creating crime when fire is caused by operation of a clandestine drug laboratory. Senate Bill 352 was the next bill on the agenda to pass which dedicates corporation net income tax proceeds to railways.

The list of bills passed also included: Senate Bill 379, 476, 483 and 582.

A total of seven bills were advanced to third reading and three bills were sent to second reading.

When the House reconvened at 5 p.m., they voted to concur with Senate amendment on the “Uber Bill,” House Bill 4228. The House also added an amendment, sending the bill back to the Senate once again.

 

The following committees will meet today:

Judiciary: 2 p.m.

Gov. Org: 2:30 p.m.

Finance:  3 p.m.

Judiciary: 5:40 p.m.

 

The following committees will meet tomorrow prior to session:

Banking & Insurance: 9 a.m. in 215E

Energy: 9 a.m. in Judiciary Committee Room

Roads: 10 a.m. in 215E

Rules: 10:45 a.m.

 

The House of Delegates will reconvene tomorrow morning at 11 a.m.