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Bills Passed from the Senate

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As of 4 p.m., Friday, February 5, 2016, the 24th day of the second sessions of the 82nd Legislature, 530 bills have been introduced in the Senate. Of those, 21 of the bills have passed and have been sent to the House for further consideration. Among those:

Senate Bill 15 would adopt learned intermediary doctrine as defense to civil action due to inadequate warnings or instructions. A manufacturer or seller of a prescription drug or device may not be held liable in a product liability action for a claim based upon inadequate warning or instructions unless it proves a specific set of elements.

Senate Bill 27 would permit county commissions hire outside attorneys for collection of taxes through courts.

Senate Bill 40 would be able to change the definition of facilities eligible for funding assistance from Courthouse Facilities Improvement Authority. It adds buildings or structures that will be occupied upon renovation to the definition of “courthouse facility.”

Senate Bill 109 would repeal code provisions related to certain reports by trustees for property.

Senate Bill 123 would provide treatment for sexually transmitted diseases. A health care professional who makes a clinical diagnosis of a sexually transmitted disease may provide expedited partner therapy for the treatment of the sexually transmitted disease.

Senate Bill 150 would authorize the Department of Transportation promulgate legislative rules.

Senate Bill 254 would not allow county park commissions to prohibit firearms in facilities.

Senate Bill 261 would bring state code relating to daylight saving time in conformity with Federal code.

Senate Bill 268 would abolish the Council of Finance and Administration.

Senate Bill 271 would conform the definition of attest services to Uniform Accountancy Act.

Senate Bill 288 would create one-day special license for charitable events to sell non-intoxicating beer.

Senate Bill 306 would permit the sale of county or district property online.

Senate Bill 329 would eliminate sunset provision for commission to study residential placement of children.

Senate Bill 333 would deal with the taking and registering of wildlife. It would be unlawful to take, obtain, purchase, possess or maintain in captivity any live wildlife, wild animals, wild birds, game or fur-bearing animals.

Senate Bill 334 would identify coyote as fur-bearing animal and woodchuck as game animals.

Senate Bill 336 relates to crossbow hunting.

Senate Bill 338 would compile and maintain Central State Mental Health Registry.

Senate Bill 343 would authorize prosecuting attorneys designate law enforcement officers and investigators as custodians of records.

Senate Bill 369 would reduce legislative education reporting requirements. Annual recommendations and reporting the findings would no longer be required.

Senate Bill 379 relates to candidate filing fees. Candidates would pay the fee to an election official instead of the clerk of the county commission.

Senate Bill 387 would create shared animal ownership agreements to consume raw milk. It would permit a responsible party to acquire a percentage ownership interest to consume raw milk.

Additional Senate Bills

Senate Bill 6 would require drug screening and testing of applicants for TANF (Temporary Assistance for Needy Families).

Senate Bill 21 would allow certain sales of alcohol at 10 a.m. Sundays. Retail licenses may sell liquor between 10 a.m. and midnight on Sundays for example.

Senate Bill 24 would repeal the code relating to mandatory motor vehicle inspections. Repealing the sections of the code would make it legal to operate and drive a motor vehicle without an inspection.

Senate Bill 28 relates to county commission and municipality agreements in demolishing buildings unfit for habitation.

Senate Bill 35 would adopt federal definition for disabled veterans’ preference eligibility for civil service jobs and vendor contracts.

Senate Bill 42 would permit school nurses to possess and administer opioid antagonists on or near school premises.

Senate Bill 59 would provide discount to West Virginia National Guard and Reserve members for state park campground rental fees.

Senate Bill 122 would make it permissible to carry firearms in state parks, state forests, recreation areas in state wildlife management areas and state trails managed by the Division of Natural Resources. They may carry for self-defense or defense of others.

Senate Bill 125 would increase the tax on cigarettes to fund substance abuse and workforce development initiatives. Starting July 2016, the tax would increase to $1.05. By July 2018, the tax would be $1.55.

Senate Bill 127 would give rights to grandparents in child custody cases. A grant of visitation can be provided to a grandparent when they have been a significant or primary caretaker of the child for over one year. Greater importance shall be placed on that factor in the court.

Senate Bill 298 would allow restaurants, private clubs and wineries sell alcoholic beverages on Sundays.

Senate Bill 303 would provide all hunting and fishing licenses are valid for one year from date of issue.

Senate Bill 315 would construct a statewide, fiber optic broadband infrastructure network. The 2,500 miles of fiber would reach to each county in the state to bring high speed internet to more rural areas.

Senate Bill 324 would allow transportation network companies to operate in West Virginia. The companies would a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides.

Senate Bill 327 would construct a modern highway from Pikeville, Kentucky to Beckley, West Virginia. The project’s initiative is aimed at revitalizing areas that have experienced high rates of unemployment in recent years.

Senate Bill 361 would prohibit any persons who have committed crimes against elderly from performing community service involving elderly.

Senate Bill 367 would prohibit sex offenders from living within 1,000 feet of a school. It would be required of all sex offenders, both on supervised and unsupervised release.

Controversial Education Bills Rise to Center Stage

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Public Hearing Highlights Varied Stances on Common Core Standards

This week in the West Virginia Legislature, both the House of Delegates and Senate are working through measures that have the potential to transform the state’s education system.

The House of Delegates hosted a public hearing on Feb. 4 to discuss House Bill 4014 – Preventing the State Board of Education from implementing common core academic standards and assessments.

Several people spoke for and against repealing the common core standards. Those closely involved in the education system, teachers and school officials, seemed mostly for keeping the standards while parents said the standards need repealed.

Jeff Kimball, father of 3 from Harrison County, said there are a lot of problems that have been articulated in regards to common core.

“I believe (it) must be rejected,” he said. “The question of who will control our children’s education is a matter of importance.”

Mike Green, president of WVBOE, said the system works.

“There are elements of this bill that go way, way too far beyond the authority and capability of the legislature,” he said. “It’s an insult to hardworking, underpaid, underappreciated teachers of this state – enough is enough.”

Chairman of the House Education Committee Delegate Paul Espinosa, R-Jefferson, said it’s unfortunate that the state is in the situation it’s in with common core standards.

“There’s still a lack of confidence in those standards,” Espinosa said. “I had hoped we could put this issue behind us but I think my concern and a number of my colleagues, parents, and others around West Virginia is that the board repealed the previous standards and those that replaced were common core re-branded.”

Espinosa said in many respects the initial changes asked for by the Legislature were cosmetic in nature.

“What we’ve tried to do is to one codify the repeal, something our members felt was important to do, to set forth what we believe was a thoughtful process to develop standards that will win the confidence of West Virginians,” he added.

The Senate is taking up home schooling legislation and allowing home schoolers to participate in public school activities. The chairman of the committee also said the agenda is focusing on riding the state education system of too much oversight. “Overall, my focus has been to look for ways in which the Legislature can reduce administrative overhead and bureaucracy so the teachers have less time devoted toward filling out reports and paperwork and more time focused for the classroom,” said Senate Education Chairman Sen. Dave Sypolt, R-Preston.

Last week, Senate Bill 13 – Increasing penalties for overtaking and passing stopped school buses – passed the Senate. The bill moved through the House Judiciary Committee late this week.

Other education related bills moving through the Legislature include House Bill 4291 – Increasing penalties for teachers who commit sexual offenses against children.

Education-related bills:

SB 42 – Permitting school nurses to possess and administer opioid antagonists on or near school premises
SB 113– Increasing teacher pay over 5-year period
SB 249 – Providing an exception to prohibition of possession of deadly weapon on primary or secondary education facility
SB 313 – Changing mandatory school instruction time from 180 days to minutes
SB 373 – Granting full control of BOE regional education service agencies to state superintendent
HB 2164 – Providing pay increases for teachers and counselors
HB 2799 – Requiring all high schools to teach fetal development
HB 2972 – Requiring the accumulation of one and one-half years of instruction in the study of the Declaration of Independence and other founding American historical documents

Completed Legislation

House Bill 4005 would repeal prevailing hourly rate of wages requirements.

Concealed Carry Moves to Third Reading with Amendments Pending

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

Senate Bill 32 passed unanimously in the House, was amended and will return to the Senate. This bill would relate to withdrawal of candidates for office and filling vacancies. 

House Bill 4244 also passed, which would work to eliminate the need of a public hearing when no objection is filed on an application from an out of state-chartered credit union to establish a branch in West Virginia.

House Bill 4245 also passed in the House. This bill would require the cashier or executive officer of a banking institiution to provide shareholders with the institutions most recent year-end audited financial statement. 

Multiple bills were sent to third reading. Among these bills were: Senate Bill 342. Senate Bill 357, Senate Bill 360, House Bill 2366, House Bill 2511, House Bill 4145House Bill 4163 and House Bill 4393.

 

The following committees will meet today:

Judiciary: 12:45 p.m. 

 

The following committees will meet prior to session Monday morning:

Judiciary: 9 a.m. 

 

The House will reconvene Monday at 11 a.m. 

WV Workplace Freedom Act Passes the House

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

Senate Bill 1, also known as the West Virginia Workplace Freedom Act was voted on in the House today. After about 38 delegates stood up to debate their point, the bill passed with a vote of 54 to 46. The bill will now return to the Senate for consideration again.

House Bill 4311 and 4313 were also passed.

House Bills 4244, 4245 and Senate Bill 32 were on second reading today, and an amendment on Senate Bill 32 was adopted.

House Bills 2366, 2511, 4007, 4145, 4163 and 4393 were on first reading today. 

 

The following committees will meet tomorrow morning:

Finance: 9 a.m.

Gov. Org.: 9 a.m.

Judiciary: 9 a.m.

 

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

Prevailing Wage Bill Becomes Second to Complete Legislation

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The Senate met today at 11 a.m. 

 

House Bill 4005, repealing the prevailing hourly rate of wages requirements, completed legislation this afternoon. On January 27th, the bill passed in the House of Delegates with a vote of 55 to 44. After debate, the Senate passed the bill with a 18-16 vote. The bill will now be sent to the Governor’s office for final approval.  

 

Senate bills 40 and 109 were also read, put to a vote and passed today. These bills will go to the House of Delegates for further consideration. House Bill 2101, eliminating obsolete government entities, was passed in the Senate with an amended title. The House will now have to concur with this amendment in order for the bill to complete legislation. 

 

Senate bills 29, 159, 265, 270, 330, 385, 387 and 415 were read for the second time and advanced to the third reading. 

 

Introduced today were Senate bills 505-519. Senate Bill 518 makes it unlawful to discriminate against persons due to sexual orientation. 

 

The following committees will meet today:

 

Energy at 1:40 p.m. in 208W

Health & Human Resources at 1:40 p.m. in 451M

Government Organizations at 2:15 p.m. in 208W

Education at 2:15 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

 

The committee on Finance will meet tomorrow at 10 a.m. prior to session. 

 

 

The Senate will reconvene tomorrow at 11 a.m. 

Senate Advances Prevailing Wage Bill to Third Reading

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The Senate met today at 11 a.m. 

 

Bills 485-504 were introduced. Senate Bill 504 relates to the confidentiality of juvenile records.

 

Senate bills 123, 254, 261, 268, 306 and 369 were read for the third time, put to a vote and unanimously passed. The bills will now be sent to the House of Delegates for consideration. 

 

House Bill 4005, repealing prevailing hourly rate of wage requirements, was read for the second time and advanced to the third reading. Senators Snyder and Romano proposed to amend the bill but were rejected with a 16-18 vote. This bill, along with House Bill 2101 and Senate Bills 40 and 109, will be discussed tomorrow and put to a vote. 

 

 

The following committees will meet today:

 

Economic Development at 1:30 p.m. in 451M

Natural Resources at 2 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

 

The Committee on Finance will have a budget hearing at 9:30 a.m. tomorrow before session.

 

The Senate will reconvene tomorrow at 11 a.m. 

West Virginia Workplace Freedom Act Amended on Second Reading

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

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 voted on today. The bill was passed unanimously.

Senate Bill 1, the WV Workplace Freedom Act, was on second reading today, which means it could be subjected to amendments. Delegate John Shott, Judiciary Chairman, offered a strike and insert amendment, which would essentially replace the majority of Senate Bill 1. The amendment would, among other things, remove the continuing penalty for violation, making it a one-time penalty, as well as require a person to be proven to have knowingly violated the bill. The amendment was adopted, and the bill passed onto third reading, to be voted on tomorrow.

House Bill 4311 and 4313 advanced to third reading SB 32, House Bill 4244 and House Bill 4245 advanced to second reading.

 

The following committee meetings will be held today:
Vet Affairs: 1 p.m.
Judiciary: 1:15 p.m.
Finance: 2 p.m.
Education: 2 p.m.

The following committee meetings will be held tomorrow prior to session:
Small Business: 9 a.m. in Gov. Org.

There will be a public hearing in the House Chamber tomorrow at 9 a.m. The hearing will discuss House Bill 4014.

The House will reconvene tomorrow at 11 a.m.

Senate Designates Go Red for Women Day, Passes Five Bills

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The Senate met today at 11 a.m.

 

Senate Resolution 21 was adopted today, designating February 5, 2016 Go Red for Women Day in the Legislature. The Senate members received a CPR demonstration on the floor.

 

Five Senate bills, 271, 333, 334, 336 and 343, were put to a vote and unanimously passed. Senate Bill 333 regards the taking and registering of wildlife, Senate Bill 334 identifies coyote as a fur-bearing animal and woodchuck as a game animal, and Senate Bill 336 relates to crossbow hunting. These bills will now be sent to the House of Delegates for further consideration.

 

Senate Bills 123, 254, 261, 268, 306 and 369 were read for the second time and will be put to a vote tomorrow after the third reading. Senate Bill 109, repealing code provisions related to certain reports by trustees for property, and House Bill 2101, eliminating obsolete government entities, were laid over one day and will retain their places on the calendar.

Senate Bills 455-484 were introduced on the floor.

 

The following meetings will meet today:

 

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

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

Government Organizations at 2 p.m. in 208W

Education at 2 pm. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

 

The Military committee will meet tomorrow at 10 a.m. before session.

 

The Senate will reconvene tomorrow at 11 a.m. 

First bill completes legislation, Senate Bill 364

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

On Feb. 2, the House of Delegates passed the first bill to complete legislation in the second session of the 2016 Legislature.

Senate Bill 364 – Supplemental appropriation expiring funds from General Revenue – was effective from passage after the House of Delegates voted on its passage 96-2. On Jan. 27, the bill passed the Senate 34-0.

The purpose of the supplemental appropriation bill is to expire funds from the aforesaid accounts to the State Fund, General Revenue unappropriated balance for the fiscal year 2016. SB 364 was requested by Gov. Earl Ray Tomblin to help close a nearly $400 million budget shortfall for this year. The measure would take nearly $52 million from the Rainy Day fund to help close the budget gap.

House Bill 4175 also passed in the House after debate. The bill relates to generally to rules relating to home schooling. 

House Bill 4243 was sent to third reading.

Three bills were sent to second reading including Senate Bill 1, The West Virginia Workplace Freedom Act, House Bill 4311 and House Bill 4313

 

The following committees will meet today:

Political Subdivisions1:30 in House Education Room 

Education: 2 p.m. 

Health and Human Resources: 2:30 p.m. in 215E

Judiciary: 2:30 p.m.

Prevention and Substance Abuse: 4 p.m. 

 

The following committees will meet prior to session tomorrow:

Finance: 9 a.m. 

Judiciary: 9 a.m. 

Government Organization: 9 a.m. 

 

A public hearing over House Bill 4014 will be held on Thursday, Feb. 4 at 9 a.m. in the House Chamber.

The House will reconvene tomorrow at 11 a.m. 

House Bill 4235 passes

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The House met today at 11 a.m. and passed House Bill 4235. This bill standardizes the filing date requirements for administration of estates, 60 days.

Senate Bill 364 was read for the second time today, which means it could be amended. The bill appropriates expiring funds from the General Fund. Delegate Sponaugle proposed an amended which would transfer approximately $50 million of the expiring funds to support PEIA.

This amendment struck a chord with many delegates as they debated the potential of the amendment. Some stated appropriating these funds would be an important first step to solving the PEIA crisis. However, others stated doing so would only harm the programs already funded by the bill.
The amendment was rejected by a vote of 36 to 63.

House Bill 4189, which came to second reading today, was tabled. This bill is nearly synonymous with Senate Bill 364.

House Bill 4175, which relates to homeschooling was sent to third reading.

House Bill 4243 was sent to second reading.

The following committees will meet today:

Finance: 2 p.m.

Judiciary: 2 p.m.

Education: 2 p.m.

Government Organizations: 2 p.m.

Roads and transportation: 5 p.m.

 

The following committees will meet tomorrow prior to session:

Agriculture: 8 a.m. until 9:30 p.m.

Industry and Labor: 9:30 a.m.

 

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