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House Technology and Infrastructure Discuss Several DMV Bills

The Committee on Technology and Infrastructure met this afternoon to consider the following:

House Bill 4224 requires the West Virginia Division of Highways to develop performance standards and criteria to measure agency performance in all essential operations. The bill also requires the division to employ a management information system that will track the division’s past and current progress toward meeting performance standards. The DOH says they already have a system similar to this in place. This bill would codify what they are doing. The bill advances to Government Organization.

House Bill 4845 creates the West Virginia Anti-Swatting Act. Swatting is reporting false or misleading information to law enforcement via telecommunications. The bill advances to the Judiciary.

House Bill 5019 clarifies the surrender and return of a license not required for disqualifying or downgrading a driver’s license. The bill advances to the floor.

House Bill 5020 makes all first-time misdemeanor DUI offenders and first-time implied consent offenders eligible for deferred adjudication one time. No person shall be eligible to defer adjudication if charged with a felony, has a CDL, or has had their license revoked.

House Bill 5039 grants the Commissioner of the Division of Motor Vehicles jurisdiction over license revocation proceedings for the civil offense of refusing a secondary chemical test. The DMV has an administrative hearing process in place already and the division believes it can absorb the license revocation in this. The bill advances to the Judiciary.

House Bill 5310 creates the Remote Patient Outcome Improvement Act. The bill advances to Health and Human Resources.

House Bill 5338 creates the Consumer Data Protection Act to establish a framework for controlling and processing personal data in the state. The bill clarifies these standards do not apply to state and local governmental agencies. The bill provides exemptions for certain types of data.

House Bill 5226 protects minors on social media and other Internet uses, by requiring parents/guardians provides consent. The bill prohibits certain advertising and content. The bill prohibits direct messaging to the minor from any account not linked to the account by friending. The bill gives the Attorney General investigative and enforcement powers for violations. The bill advances to the Judiciary.

Senate Passes Bill Dealing with Powers for State Superintendents

The Senate met briefly on Tuesday morning and passed Senate Bill 189, which would provide for substantial deference to the state school superintendent’s interpretations of school laws.

The legislation states “county boards of education, county superintendents, employees of the county boards of education, and the West Virginia Public Employees’ Grievance Board shall give substantial deference to the state superintendent’s interpretation of that part of the school law or rules of the State Board of Education.”

The bill is an attempt to put in state code an issue already settled by the state Supreme Court in a case syllabus point. The court ruled that substantial deference must be given to a superintendent’s interpretation of a law or state Board of Education rule.

If passed, the law would apply when the superintendent receives an inquiry from county superintendent, a union or a citizen on the meaning of a rule or statute.

Those interpretations are stored in a publicly accessible database. They remain valid until a new law supersedes it or a new interpretation is issued upon request.

Senator Charles Trump (R-Morgan, 15)  and other proponents of the bill have argued in the past and in committee that the law would create uniformity, citing that in theory, there could be 55 different interpretations of the same school law in West Virginia.

Senator Mike Caputo (D-Marion, 13) has consistently disagreed, saying this law would tip the scales in favor of school administrators in instances where employees have a grievance.

Similar versions of this bill passed the Senate in 2022 and 2023 before stalling in the House of Delegates.

The Senate is adjourned until tomorrow, Jan. 31, at 11 a.m.

Afternoon Meetings:

Health at 1 p.m. in 451M

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

Morning Meetings for 1/31:

Agriculture and Natural Resources at 10 a.m. in 208W

House Passes Bills Relating to Voter Laws

Today, the House of Delegates passed five bills, amended two, and postponed action on one.

House Bill 4017 makes changes to voter election laws. The bill states voter registration 21 days before the election at 11:59 p.m. online or at the close of business at the county clerk’s office if registering in person. The bill also states that any person who coerces or offers any type of payment in exchange for a person to register to vote is guilty of a misdemeanor and shall be fined and/or confined to jail. The bill also prohibits a person from voting in person if they have already submitted an absentee ballot. Opponents of the bill took issue with the lack of a definition of “payment” for voter registration, as many colleges set up tables with water and snacks when registering students to vote. The Secretary of State also awards the Jennings Randolph Award to the high schools with the most registered seniors every year. The bill advances to the Senate.

House Bill 4350 removes the executive committee of parties to appoint candidates to the ballot up to three weeks after filing has closed. The bill would only allow appointments to the ballot if no candidate from any party has filed for election. Opponents felt this bill helped incumbents keep their seats and took choices away from voters. Proponents felt it was unfair for those who registered within the filing deadline to not know who their opponent would be or if they would have an opponent. The bill advances to the Senate.

House Bill 4434 prohibits state agencies and local governments from restricting the use or sale of motor vehicles based on the power source.

House Bill 4860 clarifies general education teachers shall not be responsible for daily accommodation logs. The bill only requires general education teachers to acknowledge accommodations at the end of each grading period as required by the IEP. All accommodations of the students are the responsibility of the special education instructor to monitor progress.

House Bill 4976 requires the General Inspector’s contact information on all state agencies and boards’ websites.

House Bills 4376 and 4776 were amended. House Bill 4855 was postponed one day.

Bills introduced today can be found here.
Resolutions introduced today can be found here.

The House is adjourned until tomorrow, January 31, 2023, at 11 a.m.

Committee Meetings, today Jan. 29

The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 410.
 The Committee on Technology and Infrastructure will meet at 1:15 p.m. in Room 434.
 The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.
The Committee on Economic Development and Tourism will meet at 3 p.m. in Room 410.

Committee Meetings, tomorrow Jan. 30

 The Committee on the Prevention and Treatment of Substance Abuse will meet at 9 a.m. in Room 215E.
 The Committee on Agriculture and Natural Resources will meet at 9:15 a.m. in Room 460.
The Committee on Artificial Intelligence will meet at 9:30 a.m. in Room 434.
The Committee on Workforce Development will meet at 10 a.m. in Room 410.
 The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
 The Judiciary Committee will meet at 1 p.m. in Room 410.
 The Finance Committee will meet at 1 p.m. in Room 460 for Budget. Jan. | Feb.
 The Education Committee will meet at 2 p.m. in Room 434.
The Committee on Government Organization will meet at 3 p.m. in Room 215E.

House Banking and Insurance Advances Four Bills

The Committee on Banking and Insurance met this morning to consider:

House Bill 4933 excludes dentures from the $1,000 dental coverage cap. Dentures are covered but do not apply to the $1,000 limit. The bill advances to Health and Human Resources.

House Bill 5057 sets the referral fee to an insurance company to a one-time fee of no more than $100. The bill advanced to the Judiciary.

House Bill 4947 creates the “First Time Home Buyers Savings Act.” The bill provides for subtractions from federal adjusted gross income. It also provides for limitations on the amount which can be subtracted. Financial institutions must provide account holders with information certificates. The bill requires the Tax Commissioner to propose rules to implement the act. The bill advanced to Finance.

House Bill 5082 exempts individuals who have held an insurance license for 20 or more continuous years from general continuing education requirement, as long as they reach a specific age first. The bill advances to Government Organization.

Delegate Green Takes Oath of Office

Today, Stephen “David” Green took the oath of office for the House of Delegates. Green was appointed to fill the vacated seat of Anita Hall. Speaker Roger Hanshaw administered the oath of office.

Green, an insurance agency owner, said he accepted the appointment because he wants to help his county.

Delegate Green represents the 36th District, which includes the majority of McDowell County.

Others in attendance for the ceremony include Delegates Tully, Cannon, Rohrbach, Anderson, and Vance.

House Judiciary Discusses Age Verification Bill

The Judiciary Committee met this afternoon to consider the legislation, including:

House Bill 4292 provides for enhanced damages of three times the amount owed for nonpayment of royalties due from oil, natural gas, or natural gas liquids production under the terms of the lease. This only applies to vertical wells.

House Bill 4867 requires pornography websites to use age verification to prevent minors from accessing websites. The bill proves definitions. Age verification methods include digitized information card, third-party verification, or data transaction.

House Bill 4940 prohibits squatting and states squatters are not considered tenants.

House Bill 4965 mandates restitution to children of victims of negligent homicide or driving under the influence causing the death of a parent or guardian to be paid monthly until the child reaches 18.

Senate Passes Bill to Expand Rails to Trails

The Senate passed a bill Monday morning that would expand state authority to acquire railroad rights-of-way and land for trail programs.

Senate Bill 196 would accomplish this by broadening the definition of railroad rights-of-way state transportation officials could acquire to develop and maintain rail trails to include rights-of-way, easements or other interests in land on which rail service has been abandoned, discontinued, temporarily suspended or railbanked under federal law. The legislation defines railbanking as holding an inactive railroad right-of-way intact for future railroad service.

In the bill, “abandoned” refers to a track being removed and “inactive” refers to a railway that is not being used but with a track still intact.

The legislation includes railroad companies among those parties not liable for any injury to people or property caused by an act of a person who goes on land the parties provide the public for non motorized recreational trail use unless any charge is made for that use.

The Senate is adjourned until tomorrow, Jan. 30, at 11 a.m.

Afternoon Meetings:

Transportation and Infrastructure at 1 p.m. in 451M

Banking and Insurance at 2 p.m. in 451M

Ag and Natural Resources at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning meetings for Jan. 30:

Education at 10 a.m. in 451M

Gov. Org at 10 a.m. in 208W

House Completes Annual Tax Modification Bills

Today, the House of Delegates passed five bills, completed action on two, amended four bills, and postponed action on three.

The two bills completing legislative action were Senate Bill 462 and Senate Bill 483. These bills are routine tax modification bills, which are made each year.

House Bill 4697 adds protections for WV residents who temporarily reside out-of-state from non-renewal of licenses and registration.

House Bill 4764 requires the Commissioner of the DMV to allow the purchase of one-trip special permits to be made and paid online.

House Bill 4766 requires the Department of Highways to post signage for planned road closures 30 days before the closure if the closure will be longer than 30 days and the detour is longer than one mile.

House Bill 4783 allows optometrists to perform procedures taught or trained to them through an accredited school or college of optometry. Without this bill, licensed optometrists can only perform procedures authorized by the board before 2010. The bill also extends glasses prescriptions from one year to two years.

House Bill 4908 allows the Department of Health, the Department of Human Services, and the Department of Health Facilities to enter into contracts with WVU, Marshall University, the School of Osteopathic Medicine, or the WV’s public health institute.

House Bills 4017, 4434, 4860, and 4976 were amended. House Bills 4855, 4957, and 4777 were postponed one day.

Bills introduced today can be found here.
Resolutions introduced today can be found here.

The House is adjourned until tomorrow, January 30, 2023, at 11 a.m.

Committee Meetings, today Jan. 29
The Committee on Government Organization will meet at 1 p.m. in Room 215E
The Finance Committee will meet at 1 p.m. in Room 460 with Budget Hearings to follow the meeting. Jan. Feb.
The Education Committee will meet at 2 p.m. in Room 434.
The Judiciary Committee will meet at 2:30 p.m. in Room 410.

Committee Meetings, tomorrow Jan. 30
The Committee on Banking and Insurance will meet at 9 a.m. in Room 410.
The Committee on Pensions and Retirement will meet at 9 a.m. in Room 460.
The Committee on Veterans Affairs and Homeland Security will meet at 9:15 a.m. in Room
215E.
The Committee on Political Subdivisions will meet at 10 a.m. in Room 434.
The Rules Committee will meet at 10:45 a.m. behind the House Chamber.
The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 410.
The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 434.
The Committee on Health and Human Resources will meet at 3 p.m. in Room 215E.
The Committee on Economic Development and Tourism will meet at 3 p.m. in Room 410.

 

 

House Passes E-Verify Bill

Today, the House passed four bills, amended two bills, and postponed action on two bills.

Senate Bill 269 removes all test strips from deadly drugs from the definition of drug paraphernalia.

House Bill 4205 gives the Legislature legal standing against election officials. It allows the Legislature to intervene in any lawsuit against state agencies, departments, and officials. The bill is effective January 1, 2025.

House Bill 4759 requires any employer with 15 employees or more to confirm employee can be legally employed in the U.S. status using e-verify. The process of e-verifying is entering information from the employee’s I-9 into the verification system. Required information is name, email, phone, and social security number. The employee must hire a third party to e-verify or train a designated employee. The designated employee must study the manual and take a mastery test to become certified to do the e-verifying. A third-party verifier costs about $100 annually plus $11.50 per employee verified. Results of employment status are instant once information is entered. The bill does preclude existing employees from being e-verified. All new hires must be e-verified. One can do a self-check on e-verify, but one cannot e-verify oneself unless certified to summit verifications.

Two competing amendments were offered to House Bill 4759. The first amendment would have removed the e-verify process completely. The intent of the amendment was to go after the businesses not abiding by immigration law. The amendment offered two penalties. Businesses that do not keep records and provide I-9 forms would suffer a 10-day business license unless it is rectified in those 10 days. This allows errors to be corrected and penalties to be lifted. The second penalty goes after those who are knowingly and willfully hiring illegal immigrants or fraudulently filling out documents to hire and employ illegal immigrants. The penalty for a first offense would have been a 180 suspension of business licenses. On the second offense, the penalty would be a permanent loss of licenses. This amendment failed.

The second amendment adds back a section that had been removed by the bill. The removed section requires all regardless of employment size to keep a record of I-9 forms. This amendment was adopted.

House Bill 4814 extends the reporting and sunset date for the State Advisory Council on Postsecondary Attainment Goals to December 31, 2027.

The amended House Bill 4783 updates the practice of optometry by allowing all licensees, who are trained and taught at an accredited school of optometry to perform any procedure taught to them. The bill also extends the prescription of glasses from 18 months to 24 months.

House Bill 4776 and House Bill 4777 had action postponed one day.

House Bill 4313 was recommitted to the Committee on Seniors, Children, and Family Issues.

Bills introduced today can be found here.

Resolutions introduced today can be found here.

The House is adjourned until Monday, January 29, 2023 at 11 a.m.

Committee Meetings, Monday, Jan. 29
The Rules Committee will meet at 10:45 p.m. behind the House Chamber.
The Committee on Government Organization will meet at 1 p.m. in Room 215E.
The Committee on Finance will meet at 1 p.m. in Room 460. Budget hearings to follow the meeting. Jan. | Feb.
The Education Committee will meet at 2 p.m. in Room 434.
The Judiciary Committee will meet at 2:30 p.m. in Room 410.

Senate Passes Bill to Modify Parental Rights Termination

The Senate passed a bill on Friday morning that would tweak how parental rights in West Virginia are terminated in cases of parental neglect.

Currently in West Virginia, abuse and neglect cases end with a circuit court’s termination of the biological parent’s parental rights. Often, the children of those parents are adopted by a foster family or a relative.

As discussed in the Judiciary Committee earlier this week, the adoption process begins with a petition filed, in many cases, by the adoption attorney representing the individuals seeking to adopt the children. Recently, there have been situations in the state where adoption petitions are being filed prematurely, with hearings held and adoptions finalized prior to the resolution of a biological parent’s appeal of the circuit court’s ruling.

Senate Bill 318 would require that adoption petitions be filed only after a biological parent’s appeal has been denied, or their allotted time to file such an appeal has elapsed.

Members learned in committee that if termination of parental rights were reversed on appeal after an adoption was finalized, the result would be a legal mess with no simple resolution, likely resulting in trauma to the child and the family as well as the adoptive parents.

The legislation now moves to the House of Delegates for consideration.

The Senate is adjourned until Monday, Jan. 29, at 11 a.m.