Blog – Page 59

Senate Advances Two Bills

Senate Floor Session

Christopher Marshall

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January 17, 2023

The Senate advanced two bills during Tuesday morning’s floor session.

Senate Bill 83, authorizing tactical medical professionals to carry firearms, was read a second time today and is set to be voted on tomorrow.

Senate Bill 74, which would provide for substantial deference to the State Superintendent’s interpretations of school laws, was read a first time today and is on track or a vote Thursday.

Senate Bills 250-271 were introduced today.

Also on Tuesday, the Senate adopted Senate Resolution 6, congratulating WVU men’s basketball coach Bob Huggins on his induction into the Naismith Memorial Basketball Hall of Fame.

Senate resolutions 7 and 8 were also adopted, commemorating Jan. 17, 2023 as Girl Scouts Day and Tucker County Day respectively.

The Senate is adjourned until tomorrow. Jan. 18, at 11 a.m.

Afternoon Meetings:

Health at 1 p.m. in 451M

Energy at 1 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Rules Suspended, Two DNR Bill Advance to Second Reading

House Floor Session

Cheyenne DeBolt

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January 17, 2023

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Rules Suspended, Two DNR Bill Advance to Second Reading

Today in the House of Delegates, the House suspended the rules during Committee messages and read Senate Bill 161 and Senate Bill 162 for the first time.

Senate Bill 161 authorizes the director of DNR with the written approval of the Secretary of Commerce to sell, lease, or otherwise dispose of property under the director’s control

Senate Bill 162 authorizes the director of DNR to lease state-owned pore space underlying state forests, natural and scenic areas, management areas, and other lands for carbon sequestration. The bill prohibits the leasing of pore space under state parks. It establishes a competitive bidding process.

Four House bills were on first reading today as well.

House Bill 2017 requires the sheriff, instead of CPS personnel, to serve child abuse and neglect petitions without additional compensation.

House Bill 2018 ensures that managed care case coordinators are able to participate in multidisciplinary team meetings.

House Bill 2029 requires the full involvement of law enforcement in the person-to-person presentation of an eviction notice.

House Bill 2506 establishes a national title clearinghouse for using the DMV title system.

House Bill 2526 was on second reading. The bill advanced to third with the right to amend.

The House is adjourned until 11 a.m. tomorrow, January 18, 2023.

Committee Meetings, Today

The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 434.
The Committee on Economic Development and Tourism will meet at 2 p.m. in Room 460.
The Health and Human Resources Committee will meet at 3 p.m. in Room 215E.

Committee Meetings, Tomorrow Jan. 17

The Committee on Volunteer Fire Departments and Emergency Medical Services will meet at 9 a.m. in Room 460.
The Committee on Political Subdivisions will meet at 9:30 a.m. in Room 410.
The Committee on Veterans Affairs and Homeland Security will meet at 10 a.m. in Room 215E.
The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 215E.
The Committee on Education will meet at 2 p.m. in Room 434.
The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Senate Judiciary Advances Bill Relating to DNA for Arrestees

Senate Committee

Christopher Marshall

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January 17, 2023

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Senate Judiciary Advances Bill Relating to DNA for Arrestees

A bill passed out of the Senate Judiciary Committee Monday afternoon would require some people in West Virginia to provide DNA samples when arrested.

Current law requires those convicted of felonies in crimes of burglary, violence, or an offense with a minor victim to submit a DNA sample.

Senate Bill 53 would require the sample at the time of arrest. The bill would also require anyone convicted of a felony or certain misdemeanors — such as involuntary manslaughter or sex offenses — since spring of 1995, to submit a DNA sample.

The Senate passed a similar bill during the 2022 session but it did not complete legislative action in the House of Delegates.

Ashley Spence, founder of the DNA Justice Project and survivor of a rape when she was 19, gave compelling testimony Monday, telling the committee that her attacker was discovered years later thanks to a national DNA database when he was arrested for a subsequent crime.

Lawmakers noted that in addition to catching those who have committed a crime, the DNA analysis could also be used to free those falsely convicted.

Melissa Runyan, supervisor for the database section at the West Virginia State Police forensic lab, described current law, informing the committee that a person convicted of certain offenses must provide a DNA sample, fingerprints and other identifying information. The information is processed, given a unique number and entered into a localized system at the lab with a roughly 30-day turnaround time.

Eventually the information is added to the national DNA database, where it is determined if the sample matches any other cases.

Senate Bill 53 also would allow anyone who is subjected to DNA testing but later acquitted or has charges dismissed to seek a court order removing their DNA from the database. If a person does not seek this process, their DNA records could still be used by police investigating other cases under this legislation.

The committee amended the bill Monday to include an application process by which someone can seek expungement at no cost and to establish a timeline for the information’s removal. Federal laws requiring DNA removal if charges are dismissed or someone is acquitted are also in place, according to Spence.

The bill now advances to be considered in the Senate Finance Committee.

Transportation Committee Passes Bill to Tweak Tax Code

Senate Committee

Christopher Marshall

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January 17, 2023

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Transportation Committee Passes Bill to Tweak Tax Code

The Senate’s Transportation and Infrastructure Committee passed a bill Monday afternoon that would tweak state tax code to bring an additional $15-$25 million per year to the Division of Highways.

Currently, the Division of Highways doesn’t pay sales tax, however road construction and maintenance materials are taxed, so when the DOH pays contractors for work, it’s currently paying taxes built into those contract costs.

Currently that money goes into the general revenue fund. This bill, Senate Bill 7, would simply take that money and reimburse it back to the state road fund.

Committee counsel noted that this reimbursement program was in place from 2007-2018, but was ended by legislation that year.

Transportation Secretary Jimmy Wriston told the committee he believes the program was halted to deal with a budget crunch at the time, but now believes the state is in position to restore it, hopefully permanently.

“This bill simply returns money generated by road and bridge construction to the the state Road Fund in order to continue to produce more and more road construction and bridge construction,” Wriston said.

Wriston assured the committee that the DOH built this bill into its budget request and the impact on the general revenue fund should be accounted for in the governor’s fiscal year 2024 budget, currently being considered by the Legislature.

The legislation now moves on for consideration in Senate Finance.

House Gov Org Advances First Bill

House Committee

Cheyenne DeBolt

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January 16, 2023

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The Committee on Government Organization had its first meeting today. After organizational motions, House Bill 2412 was considered. The committee substitute amends code to declare November 14 a special memorial day in remembrance of the 75 individuals killed in the 1970 Marshall University plane crash.

The bill advances to the House floor.

House Income Tax Bill Read for First Time

House Floor Session

Cheyenne DeBolt

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January 16, 2023

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House Income Tax Bill Read for First Time

Today is day six of the first session of the 86th Legislature. The House convened at 11 a.m.

House Bill 2526 was on first reading today. The committee substitute of House Bill 2526 provides for a gradual reduction in income tax rates. The bill also reduces the rate of tax on composite returns and the rate of withholding tax on nonresident income and the sale of real estate. The bill also reduces the rate of withholding on gambling winnings. If passed, the reduction would be retroactively applied to rates beginning January 1, 2023, with additional reductions on January 1, 2024 and January 1, 2025. The bill also requires all deposits of the surplus revenues into a personal income tax reserve fund.

Four bills were reported from committees.

House Bill 2506 establishes a national title clearinghouse for using the DMV title system.

House Bill 2017 requires the sheriff, instead of CPS personnel, to serve child abuse and neglect petitions without additional compensation.

House Bill 2029 requires the full involvement of law enforcement in the person-to-person presentation of an eviction notice.

House Bill 2018 ensures that managed care case coordinators are able to participate in multidisciplinary team meetings.

The House is adjourned until 11 a.m. tomorrow, January 17, 2023.

Committee Meetings, Today

The Finance Committee will meet for budget hearings at 1 p.m. in 460.
The Committee on Government Organization will meet at 1 p.m. in Room 215E.
The Education Committee will meet at 2 p.m. in Room 434.
The Judiciary Committee will meet at 3 p.m. in Room 410.

Committee Meetings, Tomorrow Jan. 16

The Committee on Agriculture and Natural Resources will meet at 9 a.m. in Room 215E.
The Committee on Banking and Insurance will meet at 9 a.m. in Room 410.
The Committee on Pensions and Retirement will meet at 10 a.m. in Room 460.
The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 434.
The Committee on Economic Development and Tourism will meet at 2 p.m. in Room 460.
The Health and Human Resources Committee will meet at 3 p.m. in Room 215E.

Senate Advances One Bill During Quick Floor Session.

Senate Floor Session

Christopher Marshall

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January 16, 2023

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Senate Advances One Bill During Quick Floor Session.

The Senate advanced one bill Monday morning during a very brief floor session.

Senate Bill 83 was read a first time today. The legislation would authorize tactical medical professionals to carry firearms. The bill is on schedule to be voted on by the full Senate on Wednesday.

Senate bills 223-249 were introduced today.

The Senate is adjourned until tomorrow, Jan. 17, at 11 a.m.

Afternoon Senate Meetings:

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

Agriculture at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W.

Morning Senate Meetings for 1/17:

Education at 9 a.m. in 451M

Government Organization at 9 a.m. in 208W.