Blog – Page 78

Senate Passes Repeal of Nuclear Power Ban

Senate Floor Session

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January 25, 2022

Senate Passes Repeal of Nuclear Power Ban

The Senate passed SB4 on Tuesday morning, a bill that repeals a ban on construction of nuclear power plants in West Virginia.

The state first instituted the ban on nuclear power production in 1996, with a law that addresses concern about waste disposal along with questions over long-term economic feasibility.

Opponents of the bill on Tuesday said they had no problem with nuclear power but were still concerned about waste disposal.

Supporters of the bill highlighted advancement in waste disposal technology over the years, while emphasizing this repeal would not immediately signal construction of a nuclear power facility in West Virginia. Their intention is to open a dialogue to the possibility of adding nuclear to the state’s energy mix.

The legislation passed on a 24-7 vote with 3 Senators absent. The bill now heads to the House of Delegates, where similar legislation, House Bill 2882, was on first reading this morning.

The Senate is adjourned until tomorrow, Jan. 26, at 11 a.m.

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

Education will meet at 2 p.m. in 451M.

Government Organization will meet at 2 p.m. in 208W.

Finance will meet at 3 p.m. in 451M.

Judiciary will meet at 3 p.m. in 208W.

Workforce will meet tomorrow at 10 a.m. in 208W.

Nuclear Power Plant Ban Repeal Advances

House Committee

Cheyenne DeBolt

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January 24, 2022

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The Committee on Government Organization met this afternoon.

House Bill 4288 expands the practice of acupuncture to other professions determined eligible by the acupuncture board. The bill also changes the qualifications from “be of good moral character” to “be free of a felony conviction.” The bill advances to the House.

House Bill 2882 repeals the law which bans the construction of nuclear power plants. Currently, the state has a limited banned which sets forth requirements for application.

DEP testified that the federal government would most likely regulate nuclear power plants. The state DEP would only be involved in air permitting and construction permitting. As of now, the DEP cannot identify any other ways it would be involved. The Department does not believe it would have authority over nuclear waste or storage.

HB 2882 advances to the House.

House Bill 4024 creates a cosmetology apprenticeship program that allows companies to train an apprentice for practice real-world experience. The apprenticeship shall count towards certifications as if the apprentice had completed beauty school and satisfied other necessary requirements. Barbers already have the opportunity of apprenticeships. This bill opens it up for cosmetologists. The bill advances.

House Bill 4301 reforms the membership requirements of the Greater Huntington Park and Recreation District. The bill changes the number of nonpartisan commissioners from eleven to ten, nine of whom shall be elected from Cabell County, but no more than three of whom shall be elected from any one magisterial district, and one of who shall be elected from the Westmoreland magisterial district in Wayne County. The Commissioners shall be elected in the nonpartisan primary election. The bill also set election guidelines. The bill advances.

House Bill 4266 requires persons or entities. that charge fees for services to LLCs to file annual reports, include a notice that contains the WV Secretary of State website address and that the filing fee of $25 be paid online at that website. The bill was amended to be in line with other sections of the code to exempt veterans and active-duty military from paying the annual filing fee for the first four years of the LLC. The bill advances to the House.

Judiciary Advances Three Bills to Full Senate

Senate Committee

Christopher Marshall

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January 24, 2022

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Judiciary Advances Three Bills to Full Senate

The Senate Judiciary Committee met Monday afternoon, advancing three bills to the the full Senate.

Senate Bill 431 received the most attention from the committee. The legislation relates generally to the Uniform Controlled Substances Act and specifically seeks to clarify the phrase “engaged in the illegal use of a controlled substance.”

As amended in committee, the bill spells out that “engaged in the illegal use of a controlled substance” means being in the physical presence of a person engaged in illegal drug use and participating in illegal drug use or knowingly facilitating the illegal drug use by the other person.

This bill would make it a felony to knowingly fail to render aid when in the presence of someone experiencing a drug overdose. One has to be in the physical presence of the person overdosing and be using or facilitating this drug use for the law to apply.

As spelled out in the legislation, if the person renders aid they would be immune from prosecution from possession and drug use charges. A dealer would not be immune from prosecution on intent to distribute under this law.

The committee also advanced Senate Bill 449 on Monday. This legislation would clarify that the Nonviolent Offense Parole Program is not available to offenders who are serving a sentence that runs concurrently or consecutively with a violent, excluded offense. The bill would further clarify that the program is not available to an offender who has been released under the program on a previous occasion.

Senate Bill 435 also advanced during the meeting. This legislation would allow the Division of Protective Services to award to a member his or her service weapon if retiring honorably with at least 10 years of service or if less than 10 years, when the member has been totally and physically disabled as a result of their service.

These bills now head to the floor for consideration by the full Senate.

Sub-Committee Created for HB 4001 in Technology and Infrastructure

House Committee

Cheyenne DeBolt

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January 24, 2022

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Sub-Committee Created for HB 4001 in Technology and Infrastructure

The Committee on Technology and Infrastructure met today.

House Bill 4001 was presented at the meeting. A committee substitute was presented. The bill creates the Legislative Oversite Commission on the Department of Economic Development Accountability. It provides for the creation of several funds relating to broadband expansion. The Committee Substitute adds extra confidentiality requirements. The bill creates existing customer protections for the Office of the Attorney General. It provides that the Attorney General will determine telecommunications carrier status.

A motion to commit the bill to a sub-committee was adopted. The 5-member sub-committee will consist of Delegate Maynard, as chair, and delegates Keaton, Espinosa, Garcia, and Thompson.

House Bill 3122 establishes the operation of regional water, wastewater, and stormwater authorities. Current code does not establish stormwater authorities. The bill was amended to prevent interference with current code. The bill moves to Government Organization.

Fentanyl Exposure Penalty Bill Advances to Senate

House Floor Session

Cheyenne DeBolt

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January 24, 2022

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Fentanyl Exposure Penalty Bill Advances to Senate

Today, the House passed three bills, including House Bill 2184 and House Bill 2972.

House Bill 2184 increases the criminal penalties for intentionally exposing a government representative including EMS personnel to fentanyl or any other harmful drug or chemical agent. The bill sets guidelines for misdemeanor exposure and felony exposure. A misdemeanor exposure is intentionally possessing and exposing a government representative. A misdemeanor conviction carries a fine of no more than $500 or confinement to jail for one month to one year. A felony exposure is intentionally possessing and exposing a government representative to fentanyl or other harmful drug or chemical agent in which the representative is physically harmed by such drug or agent. A felony conviction carries a fine of no more than $2,000 and/or imprisonment in a state correctional facility for two to five years.

Proponents of HB 2184 stressed the importance of protecting the first responders, who protect us. Opponents spoke of the increasing incarceration rates and overcrowded prisons.

House Bill 2972 permits the manufacture of up to 100 gallons of home manufactured liquor per calendar year in households with two or more persons over 21 years of age for personal or family use. If there is only one person over the age of 21, then the household may only manufacture 50 gallons for personal use. The liquor manufactured under this section of code may not be sold or offered for sale. In West Virginia, law similar to this bill exists for beer and wine.

Several bills moved to third reading, including a couple relating to education.

House Bill 4065 requires hunter safety programs to be offered once per school year at every public middle school in the state and in public high schools where demand is sufficient.

House Bill 4074, Meghan’s Law, requires the state board of education to establish training requirements for public school employees on students’ self-harm behaviors and eating disorders. The bill requires yearly education of middle and high school students regarding self-harm behavior, eating disorder signs, prevention, and treatment.

House Bill 4252, the insulin co-pay cap bill, and House Bill 4276, the Parkinson’s disease registry bill, were on first reading today. The bills will be up for passage later this week. Here is more about these two bills.

The House is adjourned until 11 a.m. tomorrow, January 25, 2022.

Committees – Today

The Committee on Veteran’s Affairs and Homeland Security will meet at 1 p.m. in Room 410.

The Committee on Pensions and Retirement will meet at 1 p.m. in Room 460.

The Committee on Technology and Infrastructure will meet at 1:45 p.m. in the House Chamber.

The Select Committee on Coalfield Communities will meet at 2:30 p.m. in Room 434.

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

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

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

The Finance Committee will continue with budget hearings at 3 p.m. in Room 460.

Committees – Tomorrow, January 25, 2022

The Finance Committee will continue with budget hearings at 9 a.m. in Room 460.

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

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

Senate Completes Action on First Bill of 2022 Session

Senate Floor Session

Christopher Marshall

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January 24, 2022

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Senate Completes Action on First Bill of 2022 Session

The Senate quickly concurred in the House amendments to SB8 on Monday, marking the first bill to complete action in the 2022 Regular Session.

The House had amended the bill to correct a code section reference in the legislation. Senate Bill 8 updates and continues the Savings and Investment Program Fulfillment Fund and WV College Prepaid Tuition and Savings Program Act by combining the boards and adding two board members. The legislation now heads to the Governor’s desk to await his signature.

Also on Monday, the body passed SB44, which requires the State Fire Commission to propose rules for sprinkler protection for certain new buildings, and SB60, which allows the state Board of Education to create and provide course in family and consumer sciences in secondary schools.

Finally, the Senate passed SB229, which requires an impact statement in certain instances of school closure or consolidation. Under the legislation, this impact statement requirement would only be waved in instances where a construction bond for a new school was passed by the voters.

These three bills now head to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, Jan. 25, at 11 a.m.

Natural Resources will meet at 1 p.m. in 451M

Finance will meet at 3 p.m. in 451M

Judiciary will meet at 3 p.m. in 451M

Transportation and Infrastructure will meet tomorrow at 10 a.m. in 451M.

Bill Requiring Electronic Agency Reports Advances to Senate

House Floor Session

Cheyenne DeBolt

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January 21, 2022

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Bill Requiring Electronic Agency Reports Advances to Senate

The House convened at 11 a.m. today. Two bills passed to the Senate, three advanced to third reading, one was amended, and several were on first reading.

Senate Bill 8 makes updates and continues the Savings and Investment Program Fulfillment Fund and WV College Prepaid Tuition and Savings Program Act by combining the boards and adding two more board members. The bill moves back to the Senate.

House Bill 4067 requires certain agency reports to be submitted electronically instead of in hard copy. The bill also eliminates certain agencies from reporting altogether per the recommendation of the Legislative Auditor’s Office. The bill moves to the Senate.

House Bill 2184 increases the criminal penalties for intentionally exposing a government representative including EMS personnel to fentanyl or any other harmful drug or chemical agent. The bill sets guidelines for misdemeanor exposure and felony exposure. A misdemeanor exposure is intentionally possessing and exposing a government representative. A misdemeanor conviction carries a fine of no more than $500 or confinement to jail for one month to one year. A felony exposure is intentionally possessing and exposing a government representative to fentanyl or other harmful drug or chemical agent in which the representative is physically harmed by such drug or agent. A felony conviction carries a fine of no more than $2,000 and/or imprisonment in a state correctional facility for two to five years. The bill was amended to exclude those protected by the Alcohol and Drug Overdose Prevention and Clemency Act. The bill advances to third reading.

House Bill 2972 permits the manufacture of up to 100 gallons of home manufactured liquor per calendar year in households with two or more persons over 21 years of age for personal or family use. If there is only one person over the age of 21, then the household may only manufacture 50 gallons for personal use. The liquor manufactured under this section of the code may not be sold or offered for sale. Amendments were offered and rejected. The bill advances to third reading.

House Bill 3303 provides that no appointment may be made to an unfilled vacancy after a primary election. The bill advances to third reading.

The House is adjourned until 11 a.m. Monday, January 24, 2022.

Committees – Monday, January 24, 2022

The Finance Committee will continue budget hearings at 9 a.m. in Room 460.

The Committee on Technology and Infrastructure will meet at 1 p.m. in the House Chamber.

The Committee on Veteran’s Affairs and Homeland Security will meet at 2 p.m. in Room 410.

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

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

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

Senate Passes Bill Relating to Precincts, Redistricting

Senate Floor Session

Christopher Marshall

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January 21, 2022

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Senate Passes Bill Relating to Precincts, Redistricting

The Senate met briefly Friday morning, passing SB253, which relates to voting precincts and redistricting.

The bill makes some tweaks to the redistricting process. The legislation states that the Census Bureau would now report findings to the Secretary of State rather than the Legislature’s Committee on Government Organization.

Senate Bills 459-464 were introduced and referred to appropriate committees.

The Senate is adjourned until Monday, Jan. 24 at 11 a.m.

Embie’s Law Advances to the HHR Committee

House Committee

Cheyenne DeBolt

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January 21, 2022

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Embie’s Law Advances to the HHR Committee

The House Committee on Senior, Children, and Family Issues met this morning and advanced two bills.

House Bill 2798, Embie’s Law, mandates newborn testing for mucopolysaccharidosis type 1 (MP1) a metabolic disorder, which can be treated if diagnosed in young infants. MP1 cannot be cured. Children with MP1 may experience developmental delays, behavior issues, cognitive challenges, and heart disease. Last session, the bill was passed out of the Senior, Children, and Family Issues Committee, but was not considered by the second reference committee. The bill advances to Health and Human Resources.

House Bill 2524 modifies the definitions of child abuse and neglect to exclude accidental injury. The bill advances to the Judiciary Committee.

Bill Requiring Video Cameras in Special Ed Classrooms Advances

Senate Committee

Christopher Marshall

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January 20, 2022

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Bill Requiring Video Cameras in Special Ed Classrooms Advances

A bill that would require video cameras to be placed and periodically reviewed by administrators in special education classrooms throughout West Virginia advanced from the Senate Education Committee on Thursday afternoon.

The need for Senate Bill 261 became clear last fall when Trenton Bowden, 9, was abused in his special education classroom at Holz Elementary School in Charleston, WV. If there had not been video evidence of the abuse in the classroom, it may never have been discovered.

The parents of Trenton, Craig and Beth Bowden, testified before the committee this afternoon. They described multiple instances seen on the video of their son and other students being thrown to the floor by their hair, slapped, and verbally abused. Many of the students are nonverbal or cognitively delayed, and thus are incapable of reporting the abuse themselves.

The bill was amended three times by the committee in an effort to make it stronger.

Senator Grady (R-Mason, 04) successfully amended the bill to require a specific school administrator or county designee to review video footage of these classrooms for no less than 15 minutes, no less than every 90 days.

Senator Tarr (R-Putnam, 04) successfully amended the bill to take out language saying the video would be deleted after 90 days, allowing the school to keep the video if the technology allowed.

Finally, Senator Karnes (R-Randolph, 11) successfully amended the bill to require schools to keep the footage for 365 days. Karnes noted that there could potentially be some cost to schools to do this, but pointed out that the cost of storage with this technology is often fairly minimal compared to the overall cost and therefore, he did not see the amendment as an impediment for the schools to comply with the bill.

The legislation now heads to the floor for consideration by the full Senate.