Blog – Page 72

Senate Passes Bill to Aid At-Risk Veterans

Senate Floor Session

Christopher Marshall

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February 21, 2022

Senate Passes Bill to Aid At-Risk Veterans

The Senate passed 19 bills on Monday, with legislation to help at-risk veterans receiving unanimous approval.

Senate Bill 598 directs the Department of Veterans Affairs to establish partnerships with service organizations engaged with their local veteran communities to connect veterans and their families with existing resources to combat suicide.

The Senate is adjourned until tomorrow, Feb. 22, at 11 a.m.

Afternoon Meetings:

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

Finance at 3 p.m. in 451M.

Judiciary at 3 p.m. in 208W.

Tomorrow Morning’s Meetings:

Military at 10 a.m. in 208W.

Transportation and Infrastructure at 10 a.m. in 451M.

Judiciary Committee Advances Autonomous Delivery Vehicle Bill

House Committee

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February 21, 2022

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Judiciary Committee Advances Autonomous Delivery Vehicle Bill

The Judiciary Committee met this morning.

Senate Bill 452 permits civil action for unauthorized disclosure of intimate images. The bill provides for a civil action and provides for the plaintiff’s privacy. Criminal actions exist in code. This bill does not relate to the criminal code. It allows for civil action to be taken. The bill advances to the House.

House Bill 4675 authorities the operation of a low-speed autonomous delivery vehicle on certain streets and roads. The vehicles are electrically powered. The delivery system could be used for packages or even pizza delivery. The bill advances.

House Bill 4743 adjusts the duration of time a medical cannabis organization must retain video surveillance footage. Days requires can be up to 180 days. The bill advances to the floor.

House Bill 4773 adopts the FCC customer service and technical standards and requires certain cable providers to operate customer call centers to be in the state.

The Committee will take up Senate Bill 25 and Senate Bill 441 in its afternoon meeting.

The Committee is in recess.

Senate Bill 441 was pulled from the agenda due to possible conflicts with another bill which has passed and is now waiting on the Governor’s signature.

Senate Bill 25 updates the Medical Professional Liability Act. The MPLA is use when filing medical negligence or malpractice. There is a list of providers and facilities under the MPLA. The MPLA contains several prerequisites for filing against a health care provider. The bill reinstates and codifies a one-year statute of limitations for any cause of action for medical injury resulting in injury or death to a person alleging medical professional liability against a nursing home, assisted living facility, their related employees or entities or a distinct part of an acute care hospital providing intermediate care or skilled nursing care of its employees. The statute of limitations for all health care providers, except nursing homes, assisted living facilities and related entities or employees, is two years. In medical professional liability action against any other provider, the statue of limitations applicable to a cause of action against a health care provider whom notice was serviced for alleged medical professional liability shall be 120 days from the date of mail of notice of claim to 30 days following the receipt of a response to the notice of claim, from the date a response to the notice of claim would be due, or from the receipt by the claimant of a written notice from the mediator that the radiation has not resulted in a settlement.

Three Bills Discussed in Friday Afternoon Judiciary Meeting

House Committee

Cheyenne DeBolt

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February 18, 2022

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Three Bills Discussed in Friday Afternoon Judiciary Meeting

The Judiciary Committee met this afternoon.

House Bill 4491 establishes a new legal and regulatory framework for drilling of injection wells and operation of facilities for the underground sequestration of injected carbon dioxide and for the state to pursue primacy authorization for oversight and enforcement of laws for underground carbon dioxide sequestration. The bill advances to the floor.

House Bill 4712 requires the prompt enrollment in payment plans for costs, fines, forfeitures, restitution, or penalties in circuit court and magistrate court and to limit the maximum length of payment plans to three years in magistrate court and five years in circuit court.

Senate Bill 447 provides for a $5,000 tax credit for nurses to WV personal income tax liabilities.

Senate Passes Bill to Create Unemployment Fraud Unit

Senate Floor Session

Christopher Marshall

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February 18, 2022

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Senate Passes Bill to Create Unemployment Fraud Unit

The Senate passed a bill Friday that would establish an unemployment fraud unit with within Workforce West Virginia.

Senate Bill 543 would create a division for investigating unemployment fraud and establishing training requirements for employees. The legislation authorizes the state’s unemployment commissioner to hire supervisory, legal and investigative workers to lead the way on inquiries when the unit has reasonable cause to believe fraud has occurred.

This action comes in response to a legislative audit that calculated that West Virginia paid out nearly $83 million in fraudulent unemployment claims during the Covid-19 pandemic.

Much of the fraud came from the incredible demand for benefit claims caused by the pandemic, as well as the structure that allowed people to certify their own pandemic unemployment claims.

During a meeting of the Senate Finance Committee early this week, Senators heard from former Workforce Director Chris McCauley. He shared that the the unit would help WorkForce submit subpoenas to get documents and financial information of people who submit fraudulent claims. According to testimony, state and federal law enforcement agencies are more likely to handle cases if WorkForce provides thorough reports to officials.

The bill now heads to the House of Delegates for consideration.

The Senate is adjourned until Monday, Feb. 21 at 11 a.m.

House Passes Bill Creating WV Military Hall of Fame

House Floor Session

Cheyenne DeBolt

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February 18, 2022

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House Passes Bill Creating WV Military Hall of Fame

The House adopted 14 resolutions, passed 5 bills, and completed action on Senate Bill 445.

House Bill 4406 establishes the WV Military Hall of Fame to honor veterans of WV who have distinguished themselves on the battlefield. Medals of valor listed in the bill include Medal of Honor, Distinguished Service Cross, Navy Cross, Air Force, Silver Star, Distinguished Flying Cross for Heroism, Bronze Star Medial with “V” Device, Air Medal with “V” Device, Commendation Medal with “V” Device, Achievement Medal with “V” Device and the Purple Heart.

Senate Bill 445 authorizes the trustees of the police and firemen pension plans to withhold benefits if the retired person refuses or is unable to provide a certified copy of his or her tax return by April 15.

House Bill 4141 is a rule bundle for the Department of Homeland Security.

House Bill 4242 is a rule bundle for the Department of Commerce.

House Bill 4338 reduces annual permit fees for each video lottery terminal owned or leased by a limited video lottery licensee from $1,000 to $500.

House Bill 4340 allows the DHHR as a guardian to make an organ donation without a court order. It clarifies the duties of the medical examiner when procuring the organ. The bill requires the state medical examiner to cooperate with procurement organizations to maximize the opportunity to recover organs for donation. The bill authorizes the procurement organizations to conduct a test or examination which is reasonably necessary to evaluate the medical suitability of the body or part of its intended purpose. The bill authorizes the state’s chief medical examiner to enter into contracts and agreements with a procurement organization when necessary to facilitate the efficient and economical recovery of organ donations.

Action was postponed on House Bill 4314 and House Bill 4462.

The House is adjourned until 11 a.m. Monday, February 21, 2022.

Committees – Today

The Judiciary Committee will meet at 1 p.m. in Room 410.

Committees – Monday, February 21, 2022

The Judiciary Committee will meet at 9 a.m. in Room 410.

The Rules Committee will meet at 10:45 a.m.

The Education Committee will meet at 3 p.m. in Room 434.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Mobile Vehicle Registration Card Bill Advances

House Committee

Cheyenne DeBolt

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February 17, 2022

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House Government Organization met this afternoon and advanced several bills.

House Bill 4345 authorizes vehicle owners to utilize electric or mobile registration cards. Removed from the code is the requirement that the registration card be signed with ink.

House Bill 4797 requires the Department of Economic Development to create an Electronic Vehicle Infrastructure Development Plan. West Virginia is set to receive NEVI funds which require the plan to be submitted to the federal government.

House Bill 4769 eliminates the requirement to send recommended decisions by certified mail, return receipt requested. The elimination of this requirement will result in savings to the Public Service Commission.

House Bill 4768 amends the hearing and notice provision of determining whether a utility is “distressed” to allow hearings to be within 20 miles of service territory. The committee substitute also removes the requirement of the hearing notice in a legal ad.

House Bill 4742 provides for the restoration of the Holly Grove Mansion. The bill establishes a commission to assist with the renovation of the structure and funding will be provided in a separate appropriations bill. The bill states the commission will be disbanded after the renovation is complete. The Control of the Holly Grove Mansion will be moved from General Services to the Division of Arts, Culture, and History once restoration is complete.

House Bill 4691 provides a 45-day waiting period before rates go into effect to allow utilities purchasing water and/or sewer services from the municipality adequate time to seek rates increase to cover the increased cost of purchasing the water and sewer services from the municipality.

Senate Completes Action on Bill to Establish Child Labor Memorial

Senate Floor Session

Christopher Marshall

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February 17, 2022

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Senate Completes Action on Bill to Establish Child Labor Memorial

The Senate completed action on a bill Thursday that would commission a $500,000 child labor memorial in Fairmont.

House Bill 3312, which passed the Senate unanimously, would set forth the development of the memorial. The target completion date is Nov. 15, 2022, with a dedication date set for Dec. 6, 2022 – the 115th anniversary of the Monongah mine disaster, which, according to an official count, resulted in 362 deaths.

Proposed text on a memorial plaque would state the death toll doesn’t account for miners’ family members, “including dozens of children who were present in the mines that day.”

The text would also read: “Whether due to enslavement or poverty, child labor was a grievous part of our state’s industrial history – not only in coal mining, but also in factories, salt works and other inherently hazardous professions – until it was restricted by state and federal laws in the early 20th century. This monument stands as a memorial to all children who were victimized by child labor in hazardous industry, and may this park serve as a reminder that the primary employment of children ought to be to learn and to play.”

The Senate is adjourned until tomorrow, Feb. 18 at 9 a.m.

Afternoon Meetings:
Gov. Org at 2 p.m. in 208W.
Education at 2 p.m. in 451M.
Finance at 3 p.m. in 451M
Judiciary at 3 p.m. in 208W.

Severance Tax Exemption on Rare Earth Minerals Advances

House Floor Session

Cheyenne DeBolt

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February 17, 2022

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Severance Tax Exemption on Rare Earth Minerals Advances

The House Rules met this morning, moving HJR 102, HB 2910, HB 4331, and HB 4627 from the Special Calendar to the House Calendar. They moved HB 4568 and HB 4264 to the Special Calendar. They advanced HCRs 35, 45, 62, 63, 64, 65, 70, 71, 72, 73, 74, 75, and 76 to the floor.

Four bills were passed in the House today.

House Bill 4025 encourages economic development by providing a 5-year severance tax exemption for severing rare earth elements.

House Bill 4329 updates the definition of an “interest person” in the West Virginia Small Estate Act. The bill states that an interested person would be any person or entity having a property right in or a claim against the estate of the decedent or property in a small estate.

House Bill 4562 clarifies the process of the suspension and dismissal of school personnel by the board and the appeals process. Once a fact-finding investigation alleges conduct that would jeopardize the health, safety, or welfare of students, the affected employee shall be suspended, placed on administrative leave, or reassigned to duties that do not involve direct interaction with pupils.

House Bill 4578 authorizes the superintendent of the State Police to oversee the administration and implementation of the state’s Handle with Care program.

Several bills were reported from committees, including House Bill 4019 and House Bill 4021, both originated in House Education.

House Bill 4019 delays deadlines for public charter schools to execute a charter contract and the last day for the primary round of student enrollment application, lottery, and enrollment for charter schools intending on opening on July 1, 2022.

House Bill 4021 revises the Medical Student Loan Program. The bill authorizes medical schools to make loans and use special revolving funds for program use. Certain schools may set eligibility requirements and maximum loan amounts. It requires agreements with participating individuals to select a service commitment area.

The House is adjourned until 11 a.m. Friday, February 18, 2022.

Committees – Today

The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 410.

The Committee on Health and Human Resources will meet at 1 p.m. in Room 215E.

The Judiciary Committee will meet at 3 p.m. in Room 410.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

The Finance Committee will meet at 3 p.m. in Room 460.

The Education Committee will meet at 3 p.m. in Room 434.

The Select Committee on Tourism and Economic Diversification will meet at 5 p.m. in Room 215E.

Committees – Friday, February 18, 2022

The Select Committee on Prisons and Jails will meet at 8 a.m. in Room 410.

The Education Committee will meet at 9 a.m. in Room 434.

The Committee on Seniors, Children, and Family Issues will meet at 9 a.m. in Room 215E.

The Judiciary Committee will meet at 1 p.m. in Room 410.

House Finance Discusses B&O and Privilege Taxes

House Committee

Cheyenne DeBolt

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February 16, 2022

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House Finance Discusses B&O and Privilege Taxes

The House Finance Committee met this afternoon.

House Bill 4591 accelerates the change in the real estate transfer tax so that it is payable only to the counties.

House Bill 4567 prohibits a municipality from imposing its business and occupation or privilege tax on any business activity or occupation when the basis of the tax is derived from products being shipped into or sold in the municipality. The bill advances to the floor.

House Bill 4566 creates the Economic Enhancement Grant Fund for local governments for various economic development projects they have. The bill also authorizes WV Water Development Authority to make grants to cover all or portions of the costs of water, sewer, economic development, and tourism projects.

House Bill 4604 eliminates the Workforce Development Initiative Program advisory council.

House Bill 2096 restores the film tax credit program in WV. The bill raises the minimum threshold of cumulative annual expenditures necessary to qualify for credit. It establishes annual limits for credits available. It requires the WV Development Office to develop a database of location, music, and other resources to be made available to film production teams. The bill advances to the floor.

House Advances Small Business Jumpstart Act

House Floor Session

Cheyenne DeBolt

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February 16, 2022

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House Advances Small Business Jumpstart Act

Today, the House of Delegates adopted 16 naming resolutions, including HCR 26.

House Concurrent Resolution 26 names the bridge known as US 60 Washington Street Bank the “Charleston Police Officer Cassie Johnson-Fallen Heroes Memorial Bridge.”

The House also passed 11 bills, including House Bills 4002, 4008, 4259, 4460, and 4489.

House Bill 4002 creates the Certified Cities and Development Readiness program under the Department of Economic Development. The Department is required to establish evaluation criteria and site certification levels. It will create an application process and determine eligible applicants. There are two grant programs established in the bill: a matching grant of up to 50 percent and a micro-grant of up to $25,000.

House Bill 4008 directs the Higher Education Policy Commission to work with the WV Council for Community and Technical College Education to create a funding formula model governing its appropriation request to the legislature.

House Bill 4259 creates the Small Business Jumpstart Act. This bill creates two programs that will raise private capital to invest in WV small businesses.

House Bill 4489 requires county boards of education to post job openings to the State Board of Education’s Statewide Job Bank. The bill also adds that job openings for extracurricular activities shall also be posted to the Statewide Job Bank.

Six bills were on second reading, action on House Bill 4331 was postponed one day. It remains on second reading for tomorrow.

The House is adjourned until 11 a.m. Thursday, February 17, 2022.

Committees – Today

The Workforce Development Committee will meet at 2 p.m. in Room 215E.

The Committee on Fire and EMS will meet at 2 p.m. in Room 434.

The Judiciary Committee will meet at 3 p.m. in Room 410.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

The Finance Committee will meet at 3 p.m. in Room 460.

The Education Committee will meet at 3:30 p.m. in Room 434.

The Committee on Technology and Infrastructure will meet at 5 p.m. in House Chamber.

Committees – Thursday, February 17, 2022

The Political Subdivisions Committee will meet at 9 a.m. in Room 410.

The Education Committee will meet at 9:30 a.m. in Room 434.

The Rules Committee will meet at 10:45 a.m.

The Committee on Energy and Manufacturing will meet at 2 p.m. in Room 410.

The Judiciary Committee will meet at 3 p.m. in Room 410.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

The Select Committee on Tourism and Economic Diversification will meet at 5 p.m. in Room 215E.

Public Hearing – On Thursday, February 17, 2022 at 9 a.m. the Judiciary Committee will host a public hearing on House Bill 4394 – To reaffirm and enhance the workers compensation excusive remedy rule or doctrine.