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Bills Passed from the House

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As of 4 p.m., Friday, January 29, 2016, the 17th day of the second sessions of the 82nd Legislature, 785 bills have been introduced in the Senate. Of those, 17 of the bills have passed and have been sent to the Senate for further consideration. Among those:

House Bill 4241 (Adding citizen members to the Real Estate Commission) would serve to add citizens and no practicing members to the board and to provide for their removal upon obtaining an active license. This bill is currently being discussed in the Committee of House Government Organization.

House Bill 4239 (Relating to construction of a modern highway from Pikeville, Kentucky to Beckley, West Virginia) would require reports and the purpose is to propose the construction of a modern highway from Pikeville, Kentucky to Beckley, West Virginia. The Bill calls for the Commissioner of Highways to determine how the highway can best be funded and constructed. The bill is currently being discussed in the Committee of House Roads and Transportation.

House Bill 2147 (Requiring the circuit court, when appointing counsel for alleged protected persons, to make appointments from a listing to all interested attorneys in the circuit) would work to require the circuit courts, when appointing counsel for alleged protected persons, to make appointments from a listing of all interested and qualified attorneys in the circuit and on a rotating basis. The appointments shall be made on a rotating basis. If no interested counsel are available, the court shall appoint any competent counsel it seems proper.

House Bill 2584 (Allowing a potential juror for jury duty until a later date based on seasonal employment) would allow a judge to excuse a potential juror from jury duty until a later date based on seasonal employment. This excuse shall be determined on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror should be excused from jury service.

House Bill 2588 (Relating to the filing of financial statements with the Secretary of State) would require financial disclosure forms to be filed with the Secretary of State electronically. Exceptions are in instances where a candidate has been unable to file the financial statement, and, providing for exceptions in the case of hardship.

House Bill 2796 (Providing paid leave for certain state officers and employees during a declared state of emergency) would work to provide paid leave for certain officers and employees during a declared state of emergency. The bill details that and state employment who is designated as an essential member of an emergency aid provider may be granted leave from his or her state employment with pay, for not more than fifteen work days in each year.

House Bill 2800 (Adding law-enforcement officers’ contact information and names of family members to the list of exemptions from public records requests) would work to add law-enforcement officers contact information and names and contact information of family members to the list of the Freedom of Information Act exemptions. This bill defines that it would provide exemptions for law-information voluntarily disclosed on campaign documentation and law-enforcement officer’s government issued email addressed and telephone numbers.

House Bill 4038 (Relating to insurance requirements for the refilling of topical eye medication) would allow patients with certain insurance companies to obtain 30 day refills of topical eye medicine as early as 21 days.

House Bill 2130 (Including law-enforcement officers among these professionals the assault or battery of which leads to enhanced criminal penalties) would work to include law-enforcement officers among those professionals the assault or battery of which leads to criminal penalties. This bill would add law-enforcement officers among the list of professionals the malicious assault, unlawful assault, battery which would lead to enhanced criminal penalties. This bill is now being sent to the Senate for further discussion.

House Bill 4005 (Repealing prevailing hourly rate of wages requirements) would repeal the prevailing hourly wages requirements. These wage requirements applied specifically to contractors hired to work on public projects.

Other House Bills

House Bill 4322 (Expanding the Learn and Earn Program) House Bill 4322 would work to change the Learn and Earn Program to allow more students to participate in the program. This is done by eliminating the authorization to use program funding for equipment purchases. This bill is now up for discussion in the House Education Committee.

House Bill 4315 (Relating to air-ambulance fees for emergency treatment or air transportation) House Bill 4315 would work to set the maximum amount for air-ambulance services which may be collected pursuant to the plans of the West Virginia Public Employees Insurance Agency. This bill is currently being discussed in the House Banking and Insurance Committee.

House Bill 4303 (Providing a salary increase for special education teachers) House Bill would work to provide a salary increase for special education teachers. This bill calls for an additional $500 to be paid annually to certified full time special education teachers for each area of special education he or she is certified, up to a maximum of three areas of $1,500. This bill is being discussed in the House Education Committee.

House Bill 4305 (Authorizing transportation network companies to operate in the state) House Bill 4305 would work to allow transportation network companies to operate in the state and to specify requirements and limitations with relation to such operations. These transportation network company drivers require a permit from the Division of Motor Vehicles to operate this company. This bill is being discussed in the House Roads and Transportation Committee.

Bills Passed from the Senate

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As of 4 p.m., Friday, January 29, 2016, the 17th day of the second sessions of the 82nd Legislature, 435 bills have been introduced in the Senate. Of those, 20 of the bills have passed and have been sent to the House for further consideration. Among those:

Senate Bill 13 would increase penalties for overtaking and passing school buses for the purpose of receiving and discharging children. If the license plate number of any vehicle is obtained, it can be inferred that the owner of the vehicle was the driver at the time of the violation.

Senate Bill 32 would require the Secretary of State to create a notarized statement of withdrawal form in order to have one’s name removed from a ballot. It will help clarify the process for determining a candidate is disqualified.

Senate Bill 102 would provide any person employed by a West Virginia state, county or municipal agency who is a qualified law-enforcement officer with appropriate photo identification and certification of training required to carry a concealed firearm. This falls under the federal Law-Enforcement Officers Safety Act, 18 U.S.C.

Senate Bill 107 would create the Uniform Interstate Depositions and Discovery Act. The act relates to issuing subpoenas, depositions, production, inspection, uniformity of application and construction.

Senate Bill 157 would authorize the Department of Revenue to promulgate legislative rules. It would cover the Alcohol Beverage Control Commission, Lottery Commission, Racing Commission and the Department of Tax and Revenue.

Senate Bill 195 would authorize the Department of Health and Human Resources to promulgate legislative rules. It would establish community paramedicine demonstration projects. A community paramedicine means the practice by an emergency medical services provider primarily in and out-of-hospital setting of providing episodic patient evaluation, advice, and care directed at preventing or improving a particular medical condition which may require emergency medical services providers to function outside their customary emergency response and transport roles in ways that facilitate more appropriate use of emergency care resources and enhance access to primary care for medically vulnerable populations.

Senate Bill 262 would eliminate the need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings. The content of an inmate’s telephone calls may be disclosed to an appropriate law-enforcement agency when disclosure is necessary for the investigation, prevention or prosecution of a crime or to safeguard the orderly operation of the correctional institution.

Senate Bill 290 would authorize assignment without notarization or required statement that assignment cannot be for more than 25 percent of employee’s wages. It will allow for wage assignments to be valid for longer than one year. It will also remove requirements for written agreement to pay employees by payroll cards.

Senate Bill 311 would allow permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable programs. It would be put in place when the aggregate total of the outstanding principal balances of all other primary or subordinate mortgage loans secured by the same property exceeds the fair market value of the property.

Senate Bill 323 would correct statute subsection designations regarding trespassing on property.

Senate Bill 342 would decrease appropriations from State Fund, General Revenue, to DHHR, Division of Human Services and Bureau of Senior Services.

Senate Bill 357 would supplement appropriation from Lottery Net Profits to Bureau of Senior Services, Lottery Senior Citizens Fund.

Senate Bill 360 would supplement appropriation to Division of Human Services.

Senate Bill 364 would supplement appropriation to expiring funds from General Revenue.

Additional Bills

Senate Bill 2 would require public authorities to pay prevailing hourly rate of wages. The bill would repeal sections of the West Virginia Code.

Senate Bill 9 would create Intermediate Court of Appeals. There shall be elected one judge of the circuit court of every judicial circuit entitled to one judge and one , and one judge for each numbered division of the judicial circuit in those judicial circuits entitled to two or more circuit judges.

Senate Bill 27 would permit county commissions hire outside attorneys for collection of taxes through the courts or to represent the county before any United States Bankruptcy Court.

Senate Bill 34 would limit liability of state, county and municipal parks and recreation entities and private landowners under certain agreements.

Senate Bill 51 would exempt certain employers from discriminating against tobacco users.

Senate Bill 58 would temporary reassignment of injured or ill county board of education service personnel.

Senate Bill 68 would disallow Health Care Authority to conduct rate review and set rates for hospitals.

Senate Bill 73 would create a felony crime of knowingly leaving scene of crash resulting in serious bodily injury.

Senate Bill 79 would allow WV National Guard and Reserve members free hunting and fishing licenses under certain circumstances.

Senate Bill 85 would require judicial circuits and counties to have special advocates for children in abuse and neglect proceedings.

Senate Bill 95 would require Chief Technology Officer ensure routine audits are made of approved major information technology projects.

Senate Bill 133 would increase salaries of certain DOC, Regional Jail Authority and Division of Juvenile Services employees.

Senate Bill 147 would provide consumers sales and service tax and use tax exemption for certain services and tangible personal property sold for repair, remodeling and maintenance or aircraft.

Senate Bill 252 would amend Wiretapping and Electronic Surveillance Act to exclude oral communications.

Senate Bill 255 would permit creditor to collect and recover from consumer creditor’s reasonable expenses.

Senate Bill 257 would require Bureau of Child Support Enforcement to appear in every case involving an issue of setting child support.

Senate Bill 266 would limit appointed Property Valuation Training and Procedures Commission members’ terms.

Senate Bill 272 would allow investigators from Attorney General’s office to carry concealed weapons.

Senate Bill 281 would require health care providers and facilities to notify patient when mammogram indicates dense breast tissue.

Senate Bill 285 would allow adult adoptees and their descendants to access adoption records.

Workplace Freedom and Prevailing Wage Repeal Bills Advance

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In the first few weeks of the 2016 legislative session, top agenda items involving labor were sent back-and-forth between the chambers.

Senate Bill 1 – Establishing WV Workplace Freedom Act – would prohibit any requirement a person become or remain a member of a labor organization as a condition of employment. The bill would also prohibit any requirement a person must pay dues or other fees to a labor organization and prohibit any requirement that a person contribute to a charity in lieu of paying dues or other fees to a labor organization.

The West Virginia Senate, after a lengthy and passionate debate, passed SB 1 out of the full Senate on Jan. 21.

On Jan. 28, the House of Delegates held a public hearing on the measure. During the hearing, the House Judiciary Committee heard mixed opinions on the measure in a packed House Chamber.

“The passage of this bill provides West Virginia workers with an enhanced degree of freedom and security. No longer could workers be fired simply for refusing to join or pay dues to a union”, said Senate Majority Leader Mitch Carmichael. “In addition, companies and job producers that will only locate in states that provide workers with the workplace freedom associated with this legislation will now be able to consider locating in our state to provide jobs and opportunities for our citizens.”

The House of Delegates also passed House Bill 4005 – repealing the requirement of paying prevailing hourly rate of wages for construction of public improvements. The bill would repeal the article requiring public authorities engaged in the construction of public improvements to pay a prevailing hourly rate of wages.

A similar bill was introduced last year, discussed and debated but in the end, the Legislature decided to study the issue and recalculate the rate for the prevailing wage.

Before a vote on the House floor, Delegate Isaac Sponaugle, D-Pendleton, asked for an economic impact statement. House Speaker Tim Armstead, R-Kanawha, said for the statement to be considered the House had to vote to suspend the rules. The vote would have required a two-thirds majority. Sponaugle’s request was denied, and the bill passed the House 55-44 on Jan. 27th. The bill has now been sent to the Senate for further consideration.

“We must treat the taxpayers fairly – this bill does that,” said House Majority Leader Cowles. “It will also put West Virginia workers to work by creating more jobs and more projects.”

Discussion on these issues will continue in the respective chambers in the coming weeks. Follow this and any issue before the Legislature on the website, www.wvlegislature.gov

House passes four bills to comply with federal ruling

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

Four bills created to comply with the federal ruling on the North Carolina State Board of Dental Examiners v. Federal Trade Commission case were passed.

House Bill 4227 was passed with a vote of 75 to 23. This bill would change the make up of the Real Estate Appraiser Licensing and Certification Board.

House Bill 4230 was passed with a vote of 75 to 23 as well. This bill would change the make up of the Board of Professional Engineers.

House Bill 4238 was passed with a vote of 72 to 25. This bill would change the make up of the Board of Professional Surveyors.

House Bill 4241 was passed with a vote of 73 to 25. This bill would change the make up of the Real Estate Commission.

Two Bills on second reading were voted to be laid over until Monday. Senate Bill 364 relates to the appropriation of expiring funds from General Revenue. House Bill 4189 also relates to the expiring of specific funds to the State Fund, General Revenue.

House Bill 4235 was sent to third reading, to be voted on Monday. This bill relates to the publication requirements for the administration of estates.

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

 

The following committee will meet today after session:

Judiciary: 1:30 p.m.

 

The following committees will meet prior to session Monday morning:

Finance: 1 p.m.

Roads and Transportation: 1 p.m.

Judiciary: 1:30 p.m. 

Government Organization: 2 p.m.

 

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

 

 

Four Bills Passed in Senate

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The Senate met briefly today at 11 a.m. 

Senate bills 14, 146, 202, and 216 were passed with a unanimous vote. Senate Bill 146 establishes instruction standards for early childhood education. Senate Bill 216 authorizes the Human Rights Commission to promulgate legislative rule relating to the Pregnant Workers’ Fairness Act. These will now be sent to the House of Delegates for further consideration. 

Senate Bills 423-435 were introduced today and will go to committee for review.

Seven bills were read for the second time today: Senate Bills 15, 27, 150, 288, 329, 338, and 379. These will be read for the third time and put to a vote on Monday morning. 

 

Government Organization will meet Monday, February 1st at 9 a.m. in 208W.

 

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

The House of Delegates Meets Briefly

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

The following bills were sent to third reading today:

House Bill 4189 would expire fund to unappropriated balance in State Fund, General Revenue, from the Department of Revenue.

House Bill 4227 would add citizen members to the Real Estate Appraiser Licensing and Certification Board. 

House Bill 4230 would work to add citizen members to the board of Registration for Professional Engineers.

House Bill 4238 would add citizen members to the board of Professional Surveyors. 

House Bill 4241 would add citizen members to the Real Estate Commission. 

There was a bill that was sent to second reading. House Bill 4235 would relate to the publication requirements of the adminstration of estates. 

 

The following committees will meet today:

Senior Citizen Issues: 1 p.m. 

Health and Human Resources: 2 p.m.

Energy: 2 p.m. 

 

The following committees will meet prior to session tomorrow: 

Finance: 9 a.m. 

Education: 9 a.m. 

Government Organization: 9 a.m. 

Judiciary: 9:30 a.m. 

 

The House will reconvene tomorrow at 11 a.m. 

 

Senate Passes Two Bills

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The Senate met briefly today at 11 a.m.

Bills 262 and 290 were passed. Senate Bill 262 eliminates the need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings. Senate Bill 290 authorizes assignments of wages by employers and payment by payroll card. These bills will now head to the House of Delegates for consideration. 

Bills 411-422 were introduced, including Senate Bill 417, which creates the 2016 Coal Jobs and Safety Act. This bill will preserve employment and promote health and safety in the coal industry. 

Senate Bills 14, 146, 202, and 216 were read for the second time and advanced to the third reading. The Senate will vote on these bills tomorrow. 

 

The following committees will meet today:

Energy, Industry and Mining at 1 p.m. in 208W

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

Government Orgs. at 2 p.m. and 5:50 p.m. in 208W

Education at 2 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

 

The Judiciary committee will meet tomorrow before session at 10 a.m. in 208W.

The Senate will reconvene tomorrow at 11 a.m.

Repealing prevailing wage bill passes

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The House of Delegates met today from 11 a.m. until approximately 3 p.m. Two bills were passed and go to the Senate for action.

House Bill 4005 – Repealing the prevailing hourly rate of wages requirements, was brought to a vote. Several members from both sides of the issue stood to advocate viewpoints.

The bill would repeal the prevailing wage bill which requires contractors that work on public projects, such as schools, civic centers, etc. be paid based upon a wage that is calculated to be typical for that work in that area. One side argues these wages are inaccurately high and by repealing the Prevailing Wage bill, taxpayers will save money, and the state will be able to fund many more projects because they don’t have to meet high pay standards. The other side argues that repealing the bill will only lower wages, and hurt the economy by lessening the amount of money going through it.

Prior to the vote, Delegate Isaac Sponaugle, D-Pendleton, proposed a motion that the Speaker be directed to request an economic impact statement regarding the potential outcomes of repealing the prevailing wage. He and his fellow supporters requested the study be done prior to carrying out a vote on the bill. The motion was rejected with a vote of 38 to 61.

The bill passed with a vote of 55 to 44.

House Bill 2130, which would include law enforcement among those professionals of which the assault or battery would lead to enhanced criminal penalties, was passed. Several members stood to express support or opposition of the bill, and many questions were asked to clarify the details of the bill. The bill would simply add law enforcement to the list of those with extra protection and would not change the previously set penalty limitations.

The bill passed by a vote of 91 to 7.

House Bills 4189, 4227, 4230, 4238 and 4241 were all sent to second reading. They will be open for amendments during tomorrows session.

 

The following committees will meet today:

Finance: 3:45

Judiciary: 4 p.m.

Education: 4:30 p.m.

 

The following committees will meet tomorrow morning prior to session:

Small Business: 9 a.m. in Room 215E

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

 

The Judiciary Committee will be hosting two public hearings tomorrow morning. At 8:30 a.m. there will be a discussion on Senate Bill 1, the WV Workplace Freedom Act. At 9:30 a.m. there will be a discussion on House Bill 4012, the West Virginia Religious Freedom Restoration Act.

 

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

Senate Passes Seven Bills

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The Senate met today at 11 a.m. introducing bills 392-410 and passing seven bills. 

Senate Bill 107, creates the Uniform Interstate Deopositions and Discovery Act, Senate Bill 157, would authorize the Alcohol Beverage Control Commission to promulgate a legislative rule relating to Nonintoxicating Beer Licensing and Operations Procedures, and Senate Bill 195, would authorize the Department of Health and Human Resources to promulgate a legislative rule relating to West Virginia Clearance for Access; Registry and Employment screening. These measures were all passed with unanimous votes. 

The Senate also passed bills 342, 357, 360, and 364Senate Bill 342 decreases appropriations from State Fund, General Revenue to DHHR, Division of Human Services and Bureau of Senior Services. Senate Bill 357 provides supplemental appropriation from Lottery Net Profits to Bureau of Senior Services, Lottery Senior Citizens Fund. Senate Bill 360 provides supplemental appropriation to Division of Human Services. Senate Bill 364 provides supplemental appropriation expiring funds from General Revenue. These bills now head to the House of Delegates for consideration.

Senate Bill 14, Senate Bill 202 and Senate Bill 216 were read for the first time and advanced to the second reading for tomorrow. 

Senate Bill 262, eliminating the need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings, and Senate Bill 290, authorizing the assignment of wages by employers and payment by payroll card, were read for the second time and advanced to the third reading. 

 

The following committees will meet today:

Economic Development at 1 p.m. in 451M

Natural Resources at 2 p.m. in 451M

Pensions at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

 

The Senate will reconvene tomorrow at 11 a.m. 

Senate Passes Five Bills, Introduces Four

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The Senate met today at 11 a.m. and introduced four new bills, 288-291.

Senate Bill 13 was read for the third time and brought to a vote. This bill regards increasing penalties for overtaking and passing stopped school buses. It passed with a 33-1 vote. 

Senate Bills 32, 102, 311, and 323 were also read for the third time and each passed with a 34-0 vote. 

Senate Bill 32 relates to the withdrawal of candidates for office and filling vacancies. Senate Bill 102 requires all law-enforcement agencies in West Virginia to certify qualified law-enforcement officers to carry concealed firearms nationwide as provided by the federal Law-Enforcement Officers Safety Act.

Senate Bill 311 allows permanent exception for mortgage modification or refinancing loan under federal Making Home Affordable program. Senate Bill 323 corrects the subsection designations in the statute regarding trepassing on property. 

Senate Bill 107, regarding Uniform Interstate Depositions and Discovery Act, and Senate Bill 195, which authorizes DHHR to promulgate legislative rules, were both read for the second time today and advanced to the third reading. The bills will be read again and voted on tomorrow in session. 

Senate Bills 146, 262 and 290 were read for the first time and advanced to the second reading. 

 

The following comittees will meet today:

Energy, Industry and Mining at 1:20 p.m. in 208W

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

Education at 2 p.m. in 451M

Government Orgs. at 2 p.m.

Pensions at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Economic Development at 4 p.m. in 451M

 

The following committee will meet tomorrow before session: 

Military at 10 a.m. in 451M

 

The Senate will reconvene tomorrow at 11 a.m.