Senate Passes Firearms Act of 2015
House Bills Passed
House Bill 2240 this legislation would provide that an act of domestic violence or sexual offense by strangling is an aggravated felony offense. This bill would modify the current law to include the term “strangle” when describing malicious and unlawful wounding. The term “strangle” is also inserted in the description of 1st degree sexual assault.
House Bill 2457 would prohibit the use of the name or likeness of elected or appointed officials on publicly-owned vehicles. This legislation will solely limit the means officials can use in their campaigns. For example public officials names will now not be allowed to be advertised on a publicly owned vehicle and public funds are not permissible for purchases towards the campaign.
House Bill 2462 relates to certain deposits of tax proceeds. The bill intends to reduce the amount of sales tax proceeds deposited into the School Major Improvement Fund and School Construction Fund. It seeks to reduce the amount to the School Improvement Fund by $2,000,004 for fiscal years 2016 through 2020. The School Construction Fund would be reduced by $6 million for fiscal years 2016 through 2020. The bill also makes small changes to language to make it consistent with modern bill drafting practices.
House Bill 2493 relates to requirements for insurance policies and contracts. The bill intends to prohibit insurance policies and contracts providing accident and sickness insurance or direct health care services that cover anti-cancer medications from charging higher copayments, deductibles or coinsurance for orally administered anti-cancer medications than is required for anti-cancer medications administered by injection or intravenously. Certain acts to comply with the requirements are prohibited. The requirements apply to policies or contracts that are issued or renewed after January 1, 2016. The bill also allows for cost containment measures if the cost of compliance exceeds 2 percent of the total cost of coverage.
House Bill 2571 would create a special fund for pot holes on state roads and highways, to which private entities or businesses could make donations for specific repairs. The Division of Highways is who would fix the pot holes and other minor problems. The contributors would receive a letter of recognition regarding the repair they made possible.
House Bill 2627 would provide protection against property crimes committed against coal mines, utilities, and other industrial facilities. The bill adds waste management facilities and timber operations to the protected facilities. It also provides for criminal penalties for the removal, destruction, or damage of real or personal property that impairs the normal operation any equipment or system used for the protection of health and safety of any person.
House Bill 2662 would create the Eye Care Consumer Protection Law. This law will allow easier access for people to receive eye care whether it be a kiosk or the bill would prohibit prescriptions from being determined or performed by anyone who isn’t a licensee, or person under the direct supervision of a licensee.
House Bill 2770 would make a supplementary appropriation from the State Fund and State Excess Lottery Revenue Fund to the Division of Human Services. The purpose of this bill is to supplement, amend, and increase an existing item of appropriation in the aforesaid account for the designated spending unit for expenditure during the fiscal year 2015. This is intended to help balance West Virginia’s state budget.
House Bill 2733 the purpose of this bill is to remove certain drugs from Schedule III of the controlled substances law; to update the requirements of the Control Substance Monitoring Program and extend the expiration date of law relating to the Multi-State Real-Time Tracking System.
House Bill 2778 would create the West Virginia State Infrastructure Fund within the Division of Highways. This fund would work cooperatively with a federal level program to provide funds for transportation infrastructure projects within the state. The bill provides information on the scope of the fund, the power to enter into agreements to fund infrastructure projects, and the ability of the Commissioner of the Division of Highways to enforce the agreements created by the fund.
House Bill 2820 relates to affirmative defenses against mechanic’s liens. It adds language to the West Virginia Code to allow for such defenses. The bill provides that property owners of single family dwellings or residences are not entitled to affirmative defenses to mechanics’ liens if notice is timely given of the liability for unpaid bills for work performed of materials supplied.
House Bill 2933 would make a supplementary appropriation to the Department of Administration’s Public Defender Services. The bill aims to increase the amount of funding available to public defender lawyers. Doing public work costs a great deal of personal money to the lawyers and increasing the amount per case could possibly make the burden easier.
Senate Bills Passed
Senate Bill 88 would create the West Virginia Clearance for Access: Registry and Employment Screening program. The program would require background and fingerprint checks on individuals who are applicants for employment with direct access to patients. There is a procedure for appeal if the applicant feels the information obtained during the background check is incorrect and a provision for a 60 day conditional employment pending the results of the background check. Finally, there is a provision that would authorize the State Police and DHHR to impose fees on applicants or providers for conducting the background check, collecting and maintaining fingerprints, and for maintenance of the technology system.
Senate Bill 89 amends current West Virginia Code relating to compensation of the Executive Director of the Prosecuting Attorneys Institute. This bill would allow the salary of the Executive Director to be established by the Prosecuting Attorneys Institute Executive Council and require it to be at least $70,000 annually.
Senate Bill 109 would exempt veterans’ organizations and active duty U.S. military organizations from the indoor smoking prohibition. The Committee substitute also establishes a procedure for exempting tracks and video lottery establishments from local smoking prohibitions.
Senate Bill 273 would clarify licensing and operational requirements for brewers, resident brewers and brewpubs by: permitting licensed brewers and resident brewers to conduct no intoxicating beer sampling on their brewery premises within the State of West Virginia, permitting a resident brewer to conduct growler sales for off-premises consumption from its brewery premises within the current resident brewer license for no additional expense, as is similarly permitted for distilleries, mini-distilleries, wineries and farm wineries, having a sliding scale of licensure fees based on production volume and sales, requiring production volume and sales reports to the commissioner and terminating the bond requirement for a brewpub license since the license may be suspended or revoked for failure to pay taxes.
Senate Bill 283 would simplify the process by which a bank can adjust the hours of operation for branch offices. It would also reduce the time that the Division of Financial Institutions has to act on an expedited application from 35 to 21 days.
Senate Bill 304 would amend a current section involving checks and money order sales, money transmission services, transportation and currency exchange by establishing an expiration date of December 31 for all licenses issued under this article. The bill also adds a new requirement that licensees must give advance notice of at least 60 days to the Commissioner of any proposed changes in control or change in principals.
Senate Bill 347 creates the Firearms Act of 2015. Under this act, it is not required to have a license to carry a concealed handgun, and it is authorized to carry a handgun for self-defense purposes while in the woods of West Virginia whether its concealed or not. This bill also sets up a procedure for concealed handgun license transfers upon moving from county to county, and limits the ability to prohibit firearms on properties to private persons and entities.
Senate Bill 373 would permit an image displayed on a wireless communication device to serve as proof of insurance on a motor vehicle. This bill would require that such image contain the same information required to be contained on a certificate of insurance. A committee substitute is suggested that defines it as ”a handheld device used to access a wireless telephone service or a text messaging device.”
Senate Bill 445 is a bill that clarifies that excess funds from the Regional Jail and Correctional Facility Authority be invested in the West Virginia Board Treasury investments or the West Virginia Investment Management.
Senate Bill 537 would change mandatory school instructional days to minutes. This bill would change the mandatory one hundred and eighty days to minutes based upon minimum amount of hours of instruction offered to students provided by state board rules.
Coal Jobs & Safety Act of 2015 Passes House
Senate Bill 357 Leads to Lengthy, Spirited Debates
A bill introduced in both the Senate and House earlier in the session is one step closer to completing legislative action as the House amended and passed the Senate’s version of “The Coal Jobs and Safety Act of 2015,” Senate Bill 357.
The bill would make changes to various sections of the Code including abolishing the Diesel Equipment Commission, suspension of miners’ cards, equipment rules, and spacing changes of shelter holes.
The Coal Jobs and Safety Act has been significantly debated back and forth during the committee process and also on both the House and Senate floors. It is a piece of legislation that has divided the Legislature as its supporters see the bill as a way of assisting the struggling coal industry in West Virginia from the many regulations which have raised the costs of mining coal resulting in mine closures and the loss of jobs. Opponents of the bill see it as undoing the many safety and environmental measures the Legislature has implemented in recent years.
One significant change made under Senate Bill 357 is the abolishment of the Diesel Equipment Commission and transfer of its duties and powers to the Miners’ Health Safety and Training Office. The six member Commission’s duties are to take inventory and assess diesel equipment used in underground coal mines.
Senate Bill 357, as amended by the House, would also immediately suspend the miner’s card of all miners who fail a drug test while they go through the arbitration process. Currently, an employee with a collective bargaining agreement doesn’t have their card suspended for failing a drug test and may continue working while under arbitration. The bill further states that positive tests for prescription drugs cannot be excused with a prescription dated more than one year prior to the date of the drug test result.
The bill also makes changes to the Code section relating to haulage roads. If transportation of personnel is exclusively by rail, the track length needing to be maintained is changed from the current 500 feet to 1,500 feet. This change brings the track maintenance standards in line with federal regulations. The bill also updates outdated regulations to reflect modern advances in technology, training, equipment, and coal mining methods.
The Senate passed the bill on February 10th by a 26-8 vote. The House, with amendments, passed the bill this week by a 73-25 vote. Senate Bill 357 has now been communicated to the Senate where they must decide to concur or refuse the House’s amendments. If not agreed upon, Senate Bill 357 could eventually go to conference committee which is made up of three members from each chamber to approve a compromise of matters of disagreement with the bill.
The full text of the bill can be viewed here.
House Passes Bill Removing Severance Tax on Timber
Today the House of Delegates met to pass 11 bills. Among those, Senate Bill 398 would extend expiration date for health care provider tax on eligible acute care hospitals,House Bill 2103 would relate to generally to boards of examination and registration, House Bill 2268 would remove the severance tax on timber, and House Bill 2462 would relate to certain deposits of tax proceeds.
Other bill passed included House Bill 2462, which would relate to certain deposits of tax proceeds, House Bill 2571 which would create a fund for pothole repair contributed to by private businesses or entities, House Bill 2652 which would reduce the assessment paid by hospitals to the Health Care Authority andHouse Bill 2657 which would allow members of the Livestock Care Standards Board to be reimbursed for expenses consistent with the West Virginia Department of Agriculture Travel Policy and Procedure.
The House adopted three concurrent resolutions. The resolutions included House Concurrent Resolution 29, House Concurrent Resolution 39 and House Concurrent Resolution 51.
Following a recess, the House reconvened to read bills on 2nd and 1st reading.
One bill, Senate Bill 357, would create a Coal Jobs and Safety Act of 2015, was read for a second time and advanced to third reading after much discussion and debate regarding amendments. Another 16 bills were read for a first time while House Bill 2881 was recommitted to the Government Organization Committee. All bills can be found on the House Special Calendar.The House also received a veto message regarding two bills, House Bill 2201 and Senate Bill 335. The House amended House Bill 2021 and repassed it sending it to the Senate for their consideration. The House concurred with Senate Amendments on SB 335 and repassed the measure, completing its legislative action and sending it back to the Governor.
Government Organization will hold a public hearing tomorrow morning at 8 a.m. in the House Chamber regarding 2881.
The following House committees will meet today:
Judiciary will meet today at 1:15 p.m. in 410M.
Education Subcommittee B will meet today at 2 p.m. in 434M.
Health and Human Resources will meet today at 3 p.m. in 215E.
Energy will meet today at 3:15 p.m. in 410M.
The following House committees will meet tomorrow:
Banking and Insurance will meet tomorrow at 8 a.m. in 215E.
Judiciary will meet tomorrow at 9 a.m. in 410M.
Government Organization will meet tomorrow at 9 a.m. in 215E.
Finance will meet tomorrow at 9:30 a.m. in 460M.
The House is adjourned 11 a.m. tomorrow.
Senate Corrects Technical Errors on Senate Bill 335
The Senate amended and repassed Senate Bill 335, creating the Access to Opioid Antagonists Act, during today’s floor session. The Governor, who recommended the bill, was forced to veto it due to technical errors. The bill will complete in the House once the House concurs.
Senate Bill 14, creating the Public Charter Schools Act of 2015, was laid over one day on third reading.
Twelve Senate Bills on second reading were advanced to third, and House Bills 2523 and 2576 were also advanced to third.
Seven bills on first reading were advanced to second.
All bills on first reading were considered introduced.
The Senate also adopted Senate Resolution 46, recognizing West Virginia and Taiwan’s sister-state relationship.
The Senate is adjourned until 11 a.m. tomorrow.
The following Senate Committees will meet today:
Health at 1 p.m. in 451M
Education at 2 p.m. in 451M. UPDATE: 6:15 p.m. in 451M.
Gov Org at 2 p.m. in 208W.
Finance at 2 p.m. in 451M.
Judiciary at 3 p.m. in 208W.?
The following Senate committees will meet tomorrow:
Finance at 9:30 in 451M.
Education at 10 a.m. in 451M.
Government Organization at 2p.m. in 208W.
The Pain-Capable Unborn Child Protection Act Bill Completes Legislative Action
During today’s floor session the West Virginia School for the Deaf and Blind presented the House of Delegates with a moving performance and then were presented with a citation.
A citation was also presented to the West Virginia Nursing Association.
The House completed legislative action for Senate Bill 238 which will limit certain county board of education liability arising from unorganized recreation.
Nine bills were also passed including House Bill 2440 which would prevent taxpayer subsidization of health insurance covering elective abortions. House Bill 2283 would authorize the Department of Environmental Protection to promulgate legislative rules. House Bill 2627 would provide protection against property crimes committed against coal mines, utilities and other industrial facilities. House Bill 2628 would change the date of filing announcements of candidacies House Bill 2674 would home schooled students eligible for a PROMISE scholarship without taking the GED test. House Bill 2778 would create a State Infrastructure Fund Program. House Bill 2820 would relate to affirmative defenses against mechanics’ liens.
Thirteen bills were read for a second time.
Five bills were read for a first time.
The House reconvened at 6 p.m. in order to complete legislative action on House Bill 2568 which will create The Pain-Capable Unborn Child Protection Act.
Senate Bill 508 was read for a first time and advanced to second reading.
The House Government Organization Committee will hold a public hearing at 8 a.m. on Friday February 27th in the House Chamber on House Bill 2881 West Virginia Intrastate Commerce Improvement Act.
The following House Committees will meet today:
Judiciary will meet immediately following the house adjournment in 410M.
Finance will meet at 2 p.m. in 460M.
Government Organization will meet immediately following the house adjournment in 215E
Education will meet at 3 p.m. in 434M
The following House committees will meet tomorrow:
Judiciary will meet at 9 a.m. in 410M
Finance will meet at 9 a.m. in 460M.
The House is adjourned until 11 a.m. tomorrow.
Senate Completes Action on Three Bills, Passes Twenty-Nine Bills
During today’s floor session, the Senate completed three House Bills and passed twenty-nine Senate Bills.
House Bills 2025, 2234, and 2669 completed legislative action. HB 2025, prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility, completed after the Senate adopted a conference report. HB 2234, requiring a court to permit a party in a divorce proceeding to resume using the he or she used prior to the marriage, completed after the Senate receded from their amendments. HB 2669, relating to compulsory tuberculosis, also completed.
Senate Bills 109 and 484 were two of the bills that passed today. Senate Bill 109 would allow exemptions for certain veteran’s organizations in regards to local indoor smoking prohibitions, as well as establish a procedure for other establishments to apply for exemptions. Senate Bill 484 also passed, which would alter the procedure used to remove public officials.
House Bill 2568, relating to the Pain-Capable Unborn Child Protection Act, passed the Senate but was sent back to the House for a title amendment.
Senate Bill 14, creating the West Virginia Public Charter School Act, has been advanced from second to third reading.
The Senate also adopted two resolutions. Senate Resolution 44 recognized WV Rosie the Riverter’s, Max Marshall, along with Jackson Jones, both veterans who served the nation during WWII.
The second resolution was SR 45, recognizing West Virginia’s Nurses for Unity Day.
The Senate is in recess until 11 a.m. tomorrow.
The following Senate committees will meet today:
Finance at 4:45 p.m. in 451M.
Pensions at 4:30 p.m. in 208W.
Judiciary at 5:30 p.m. in 208W.
The following Senate committees will meet tomorrow:
Finance at 9:30 a.m. in 451M.
Judiciary at 10 a.m. in 208W.
Health at 1 p.m. in 451M.
Education at 2 p.m. in 451M.
Government Organization at 2 p.m. in 208W.
Charter School Bill Discharged From Finance, Read First Time
Today in the Senate, Senate Bill 14 was discharged from the Finance Committee and read a first time. The bill would create the West Virginiana Public Charter Schools Act of 2015.
The Senate adopted the conference committee report and completed legislation on House BIll 2002, which would predicate actions for damages upon principles of comparative fault.
Six bills were read a third time and passed. One of which, Senate Bill 292 would establish a uniform date of December 31 for the expiration of licenses for the business of currency exchange, transportation or transmission.
36 bills were read for a second time and advanced to third reading.
The senate is adjourned until 11 a.m. tomorrow.
The Following committees will meet today:
Education at 2 P.M. in 451M
Government Organization at 2 P.M. in 208W.
Judiciary at 3 P.M. in 208W.
UPDATE:
Government Organization at 5:45 p.m. in 208W
Judiciary at 6:45 p.m. in 208W.
The following committees will meet tomorrow:
Finance at 10:30 A.M. in 451M
House Passes Eye Care Consumer Protection Law
Today, the House passed seven bills that were on third reading. Among these were House Bill 2662 which would establish the Eye Care Consumer Protection Law. House Bull 2493 relates to requirements for insurance policies and contracts providing accident and sickness insurance or direct health care services that cover anti-cancer medications.
Other bills that passed include House Bill 2457. This bill would prohibit the use of the name or likeness of elected or appointed officials on publicly-owned vehicles. House Bill 2615 would establish the Small Buisness Capital Act. House Bill 2648 would allow authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency. House Bill 2733 would remove certain combinations of drugs containing hydrocodone from Schedule III of the controlled substances law. House Bill 2879 relates to certain limitations on amount of state funds on deposit in any depository.
Ten bills were read for a second time. One such bill was House Bill 2627 which would provide protection against property crimes committed against coal mines, utilities and other industrial facilities. House Bill 2773 was laid over till tomorrow to be read for a second time. This bill relates to the West Virginia Film Industry Investment tax credit.
Fifteen bills were read for a first time.
The House is in recess until 6:00 p.m. this evening
The House reconvened for committee reports this evening. A motion was made to reject the committee report for Senate Bill 357 and send it back to committee. The motion ultimately failed.
The House is adjourned until 11:00 a.m. tomorrow
The following committees will meet today:
Judiciary will meet at 1:00 p.m. in Room 410M
Health and Human Resources will meet at 3:00 p.m. in Room 215E
The following committees will meet tomorrow:
Judiciary will meet at 9:00 a.m. in Room 410M
Finance will meet at 9:00 a.m. in Room 460M
Education will meet at 9:00 a.m. in Room 434M
Government Organization will meet at 9:00 a.m. in Room 215E