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House Legislation (03/26/21-04/01/21)

Cheyenne DeBolt
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House Legislation (03/26/21-04/01/21)

As of Friday, April 2, 2021, 1315 bills have been introduced to the House. Of those bills, 200 have passed and advanced to the Senate.

House Bill 3301 revise the West Virginia Tax Increment Financing Act to authorize a county commission or municipality to modify the termination times of certain districts.

House Bill 3299 authorizes legislative rules of the Higher Education Policy Commission.

House Bill 3266 allows teachers and service personnel apply for, and contract for, extracurricular assignments after retirement.

House Bill 3254 allows members of development authorities to receive federally authorized reimbursement for service which the member rendered on a voluntary basis.

House Bill 2981 creates a suicide prevention assistance program for veterans within the state. The bill also requires reporting of veteran suicides and suspected veteran suicide.

House Bill 2933 creates the Anti-Discrimination Against Israel Act, which prevents state agencies, political subdivisions, and pension plans from doing businesses with or investing in companies that boycott Israel.

House Bill 2842 prohibits municipalities from banning certain utility companies.

House Bill 2726 allows for the lease of air space above public roads and highways owned or controlled by a political subdivision of the state and the safe operation of unmanned aircraft.

House Bill 2694 prevents any agency of this state, political subdivision of this state, or employee of an agency or political subdivision of this state acting in his or her official capacity from assisting federal law enforcement officers in the investigation or enforcement of alleged violations of federal firearm laws which are not also violations of the laws of this state.

House Bill 2573 provides transparency and accountability of state grants to reduce waste, fraud, and abuse.

House Bill 2145 add four student aide titles to the class titles for school personnel.

House Bill 3303 clarifies the process for filling vacancies on ballots and provides that no appointment to an unfilled vacancy may be made after a primary election.

House Bill 3300 reduces personal income taxes on a percentage basis. The bill creates the income tax reduction fund.

House Bill 3002 requires the Commissioner of Highways to post online at the Division of Highways website any petition, order, or decision to the abandonment or discontinuance of any state highway or road. The bill allows any member of the public to participate in or attend any hearing related to the abandonment or discontinuance of any state highway or road by virtual means.

House Bill 2962 removes the requirement that the practical exam be performed on a real person. Since COVID-19, a mannequin has been used. The bill removes restrictions on advertising. It changes practicing dentistry without a license from a misdemeanor to a felony.

House Bill 2890 clarifies the authority of the Public Service Commission of West Virginia over luxury limousine services.

House Bill 2793 allows out of state residents to obtain WV concealed carry permits for $100

House Bill 2773 allows the DNR to issue up to 100 permits for boats greater than 10 horsepower on the Upper Mud River Lake.

House Bill 2747 transfers the Parole Board to the Office of Administrative Hearings. It sets the number of board members to 10 and sets requirements for members. The bill states the Chief Hearing Officer will be appointed by the Governor and serve as chair of the board. It also requires that all parole board hearings be open to the public.

House Bill 3304 authorizes the Commissioner of the Division of Correction and Rehabilitation to establish a program of reentry and transitional services that may be used for eligible offenders who are sentenced to serve a term of imprisonment under the custody of the Division of Corrections and Rehabilitation whom the Commissioner or the circuit court may permit to service his/her sentence as a sentence to reentry and transitional services to cut the cost of confinement and promote transition of the offender into society. The program would assist with academic education, vocational education, employment, counseling, housing, and substance abuse

House Bill 3298, a supplemental appropriation bill, amends appropriations for the Board of Education, the WV Development Office, Bureau of Senior Services, and the Civil Contingent Fund during the fiscal year 2021.

House Bill 3106 increases the time for a bond hearing from 72 hours to 5 days. The bill allows for a defendant to be released from jail if the bond hearing is not held unless the defendant is incarcerated for a crime against the person.

House Bill 3082 helps stabilize funding sources for the WVDEP Division of Air Quality.

House Bill 2915 increases available funds in the Public Records and Preservation Revenue Account for grants to counties for records management, access, and preservation purposes.

House Bill 2790, a supplemental appropriation bill, makes changes to appropriations for the Division of Highways during the fiscal year 2021.

House Bill 2769, a supplemental appropriation bill, makes changes to appropriations for the Division of Motor Vehicles during the fiscal year 2021.

House Bill 2768, a supplemental appropriation bill, increases the appropriation to the Division of Highways for maintenance during the fiscal year 2021.

House Bill 2720 allows the Secretary of the Department of Transportation to establish a merit-based personnel administration system for all the department’s employees. The DOT will have until October 31, 2021, to establish the new system.

House Bill 2667 promotes cost savings for state taxpayers by implementing an energy savings program for assessment and implementation of energy savings goals for state buildings.

House Bill 2581 changes the valuation, assessment, review, and appellate rights of property owners regarding valuation, classification, and taxability of real estate properties by the Tax Commissioner. It allows for the publication, release, and other disclosure of nonpropriety financial information by the Joint Committee on Government and Finance.

House Bill 2493 makes changes to the Tax Departments’ method of property taxation. The six changes made are: 1.) The method will rely on the most recent calendar year’s coal prices, not a three-year average. 2.) The average coal density shall be a flat average of 1800 tons per acre-foot unless the taxpayer provides evidence to establish a lower density value. 3.) Tax Commission shall consider economic viability and engineering ponderations when establishing values of coal properties. 4.) Coal beds less than 35 inches shall not be classified as minable coal for valuation of property tax. 5.) Coal seams may not be classified for taxation until the actual depletion of coal commences under a permit. 6.) Non-filers shall be subject to penalties equal to and uniform with all forms of industrial property and natural resources property.

House Bill 2266 provides Medicaid coverage up to 1 year postpartum. Currently, coverage is only 60 days postpartum.

House Bill 3312 establishes a memorial in Fairmont, WV to child labor and child workers who died in the course of employment in this state.

House Bill 3311 limits the cost of obtaining medical records to a fee consistent with HIPAA.

House Bill 3310 limits the jurisdiction of the Public Service Commission.

House Bill 3308 increases the number of video lottery terminals allowed in an establishment from seven to 10.

House Bill 3307 creates the Social Media Integrity and Anti-Corruption in Elections Act.

House Bill 3297, a supplemental appropriation bill, increases appropriations to the Department of Veterans’ Assistance for fiscal year 2021.

House Bill 3295, a supplemental appropriation bill, increases appropriations to the Department of Health and Human Resources for fiscal year 2021.

House Bill 3292, a supplemental appropriation bill, increases the appropriations for the Department of Health and Human Resources for fiscal year 2021.

House Bill 3291, a supplemental appropriation bill, increases appropriations for the Department of Homeland Security for fiscal year 2021.

House Bill 3289, a supplemental appropriation bill, increases appropriations for the Department of Commerce for fiscal year 2021.

House Bill 3288, a supplemental appropriation bill, changes appropriations within the Department of Health and Human Resources for fiscal year 2021.

House Bill 3287, a supplemental appropriation bill, increases appropriations for the Department of Homeland Security for fiscal year 2021.

House Bill 3286, a supplemental appropriation bill, increase appropriation for the Division of Human Services for fiscal year 2021.

House Bill 3089 makes utility workers essential employees during a state of emergency.

House Bill 3074 requires the Board of Education to provide information about organ donation to high school students and higher education students.

House Bill 3072 sunsets the Board of Forestry and transfers responsibility to the Division of Forestry. It removes the license requirements. The bill states a list of foresters with four-year and two-year degrees be maintained by the Division.

House Bill 3036 sunsets the Board of Sanitarians.

House Bill 3030 authorizes the Commissioner of the Division of Highways to allow an increase of gross weight limitation and dimensional restrictions on certain roads in Greenbrier and Pocahontas Counties.

House Bill 2997 adds a defense to civil penalty impose for a result of delivery of fuel to a state other than the destination state printed on the shipping document for fuel. This will update our code and bring it in line with surrounding states to collect taxes more properly.

House Bill 2927 adds caregiving expenses to lawful elections, The Secretary of State would create rules relating to the expenses.

House Bill 2918 makes the Family Drug Treatment Court permanent.

House Bill 2908 requires high-volume third-party sellers to provide information to online marketplaces. High volume is defined as 200+ transitions or $5,000+ for 12 months continuous.

House Bill 2884 provides protection for customers of municipality owned utilities.

House Bill 2876 modifies the five-year waiting period and 100-person minimum for an association health plan. The bill allows new flexibility granted under federal rules. This bill puts code in line with the ACA.

House Bill 2751 establishes a system to remediate fiscal emergencies of local governments. The bill modernizes the process for dissolution of municipal corporations in this State

House Bill 2730 allows a debtor in bankruptcy to use the federal law exemptions.

House Bill 2592 provides that all local elections be held on a date that a state election is being held.

House Bill 2488 provides for an occupational limited driver’s license.

House Bill 2370 allows for owners of swimming pools to not have to pay associated costs for sewage when the water used for the pool is not used in the sewer.

House Bill 2095 provides increased protections for the welfare of domestic animals in the care of animal shelters, breeders, and private individuals.

House Bill 2017 the criminal code rewrite, establishes a class system for felony and misdemeanor offenses. If completed, the classes would be as follows: 6 felony classes, 3 misdemeanor classes, and a petty offense. The bill adds the option for enhancements to be added to a charge, which can result in additional time being added if convicted.

Senate Legislation (03/26/21-04/01/21)

Cheyenne DeBolt
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Senate Legislation (03/26/21-04/01/21)

As of Friday, March 25, 2021, 721 bills have been introduced to the Senate. Of those bills, 187 have passed and advanced to the House.

Senate Bill 673 relates to the venue for bringing civil action or arbitration proceedings under construction contracts.

Senate Bill 587 makes contract consummation with the State of West Virginia more efficient, by clarifying that government officials are not permitted to enter certain contract terms.

Senate Bill 474 gives the Division of Highways an exemption from the Division of Purchasing, in order to have a competitive bid process for construction contracts.

Senate Bill 710 requires an impact statement for school closing and consolidations.

Senate Bill 680 allows the State Superintendent of Schools to define classroom teachers certified in special education for salary purposes.

Senate Bill 604 requires county commissions to create districts for towing services.

Senate Bill 601 establishes exceptions to the public employees’ grievance procedure.

Senate Bill 585 requires the board of education to create and provide a course in family and consumer sciences in secondary schools.

Senate Bill 534 permits the Economic Development Authority to make working capital loans from revolving loan fund capitalized with federal grant funds.

Senate Bill 521 extends licensure renewal term of certain private investigators, security guards, and associated firms.

Senate Bill 458 limits the power of government entities to prohibit firearms during a declared state of emergency.

Senate Bill 419 defines antique firearm and redefines firearm.

Senate Bill 713 clarifies inmates receive basic good time unless expressly excluded.

Senate Bill 660 provides for cooperation between civilian law enforcement and military authorities to facilitate objective independent investigations of possible offenses.

Senate Bill 634 requires that law enforcement and correction officers be trained in appropriate interactions with individuals with autism spectrum disorders. The bill would also require the Law Enforcement Professional Standards subcommittee to develop guidelines for law enforcement and correction officer response to individuals on the autism spectrum who are victims or witnesses to a crime or suspected or convicted of a crime.

Senate Bill 588 expands circumstances under which the State Board of School Finance can withhold payment of state aid from a county board.

Senate Bill 488 provides that a convention and visitor’s bureau shall satisfy certain requirements to receive funding from hotel occupancy taxes.

Senate Bill 401 relates to the Consumer Credit and Protection Act.

Senate Bill 715 creates the State Recovery and Hope Office.

Senate Bill 714 revises the Physician Assistants Practice Act.

Senate Bill 684 adds the Curator of the West Virginia Division of Arts, Culture, and History as an ex officio voting member of the State Library Commission.

Senate Bill 674 clarifies that unpaid restitution need not preclude a person from obtaining a valid driver’s license. The bill establishes procedures to obtain a lien against a person who owes restitution.

Senate Bill 671 requiring that the Office of Emergency Medical Services director be appointed by the Secretary of the Department of Health and Human Resources.

Senate Bill 668 allows psychologists to practice across state lines via telemedicine.

Senate Bill 657 relates to protected expressive activities on state institution of higher education campuses.

Senate Bill 655 reschedules the review of Public Service Commission rules regarding recovering, hauling, and storing wrecked or disabled vehicles and changes a sunset requirement on those rules.

Senate Bill 641 provides for the use of severance funds for litter programs.

Senate Bill 543 establishes the Chuck Yeager Mountain State Medal of Excellence and provides an annual process for a West Virginia who demonstrates exceptional leadership or innovation to be awarded.

Senate Bill 530 provides means of notice for revocation, cancellation, or suspension of business registration certificates.

Senate Bill 508 increases the funds in the Public Records and Preservation Revenue Account for grants to counties for records management, access, and preservation purposes by increasing the fees for copies of public records.

Senate Bill 492 requires the owners of wind generation facilities and solar generation facilities to notify and provide certain information to the Department of Environmental Protection (DEP), including dates when operations began and plans with cost estimates for decommissioning facilities.

Senate Bill 486 renames the Chief Technology Officer to the Chief Information Officer and updates definitions relating to the Office of Technology.

Senate Bill 470 creates Daniel’s Law, which works to increase safety and security of certain public officials in the justice system, including judicial officers, prosecutors, and law enforcement, as well as jurors, and any family members of these individuals.

Senate Bill 360 authorizes poll clerks to work and be compensated for both full and half days of work during an election.

Senate Bill 307 provides that nonresident members of a reservice unit in West Virginia qualify as residents for the purposes of tuition rates. The bill also removes the requirement that members of the National Guard participate in the National Guard education services program.

Senate Bill 718 provides a rebate of severance tax when capital investment made in new machinery and equipment directly used in severance of coal, or in co preparation and processing plants.

Senate Bill 717, a supplemental appropriation bill, decreases appropriation to the West Virginia Council for Community and 4 Technical College Education for fiscal year 2021.

Senate Bill 711 changes the minimum enrollment to 1,200 in each county.

Senate Bill 702 allows initial forensic evaluation of a defendant at a state mental health facility or state hospital under certain circumstances.

Senate Bill 695 provides procedures for decreasing corporate limits or increasing corporate limits by annexation and annexation by minor boundary adjustments.

Senate Bill 677 updates provisions of the code related to miners’ safety, health, and training standards.

Senate Bill 663 provides for a fee for the processing of criminal bonds and the bail piece and requires all collected fees to be deposited in the Courthouse Facilities Improvement Fund.

Senate Bill 661 permits retailers to assume or absorb any sales or use tax assessed on tangible personal property.

Senate Bill 642 requires State Auditor to establish public notice database on website centralizing access to all state and state agency postings of legal advertisements required by law

Senate Bill 635 requires the State Fire Commission to propose rules relating specifically to sprinkler protection for basements exceeding 2500 square feet in new buildings.

Senate Bill 622 increases compensation for certain elected county officials

Senate Bill 613 adds the classification and base salaries of certain civilian 3 employees of the West Virginia State Police Forensic Laboratory as Evidence Custodians 4 I-IV, Forensic Technicians I-III, Forensic Scientists I-VI, and Forensic Scientist 5 Supervisors I-IV.

Senate Bill 550 provides counties with authority to impose a county sale and use tax of one percent under certain circumstances and clarifies that a county sales and use tax does not apply to incorporated areas of the county.

Senate Bill 542 requires that all public electric utilities maintain a contract for a 30-day aggregate fuel supply for the remainder of the life of existing coal-fired plants and requires that public electric utilities provide advance notice of retirement, shutdown, or sale of electricity-generating units.

Senate Bill 485 creates the offense of possessing a firearm on one’s person during the commission of certain qualifying felony offenses.

Senate Bill 464 provides a safe process for organic waste composting and require the West Virginia Department of Environmental Protection to promulgate related rules related to implementing organic waste composting.

Senate Bill 424 creates a fixed income credit for low-income senior citizens.

Senate Bill 335 modifies the eligibility cost for which grants from the West Virginia Invests Grant Program may be used.

Senate Bill 231 authorizes the Commissioner of the Bureau for Public Health to approve additions to the forms of lawful medical cannabis which may be used and the conditions for which medical cannabis use is authorized pursuant to recommendations of the Medical Cannabis Advisory Board.

Completed Legislation (03/26/21-04/01/21)

Cheyenne DeBolt
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Completed Legislation (03/26/21-04/01/21)

House Bill 2382 authorizes the DEP to create rules for ambient air quality standards.

House Bill 2896, a supplemental appropriation bill, increasing the designates federal funds spending unit for DHHR Medicaid during fiscal year 2021.

House Bill 2940, a supplemental appropriation bill, increasing the designates federal funds spending unit for the State Board of Education during fiscal year 2021.

House Bill 2901, a supplemental appropriation bill, increasing the designates federal funds spending unit for the DHHR CHIP during fiscal year 2021.

House Bill 2903, a supplemental appropriation bill, increasing the designates federal funds spending unit for the West Virginia State Police during fiscal year 2021.

Senate Bill 431 allows schools to provide notification of attendance records to DMV electronically so that students do not have to provide documentation for their permit and drivers’ license.

Senate Bill 435 requires county superintendents to at least authorize one school principal or administrator at each nonpublic school in the district to issue a work permit for students enrolled at the school.

Senate Bill 356 allows for the written part of the drivers’ exam to be administered by high school driver education instructors. House Bill 2920

House Bill 2897, a supplemental appropriation bill, expires funds to certain accounts within the Department of Commerce.

Senate Bill 305 provides exemptions for certain aircraft maintenances from consumer sales and service tax.

House Bill 2899, a supplemental appropriation bill, adds funds to the Department of Commerce.

House Bill 2905 removes the penalty on using “Doctor” or “Dr.” on campaign signs.

House Bill 2855 clarifies definitions relating to the Natural Resources Police Officer Retirement System.

House Bill 2854 clarifies definition relating to the WV Municipal Police Officer and Firefighter Retirement System.

House Bill 2797 declares certain claims against the state to be moral obligations and authorizes the payments from the General Revenue Fund, Special Revenue Funds, and State Road Fund.

House Bill 3010 extends the special valuation method for cellular towers to towers owned by person not subject to regulation to the Board of Public Works.

Senate Bill 67 gives the Emergency Medical Services Advisory Council authority to review rules proposed by the Commissioner of the Bureau for Public Health.

Senate Bill 390 moves the Health Care Authority under DHHR and clarifies the responsibilities for all-player claims database.

House Bill 2808 removes salt from the list of “mineral” for severance tax purposes.

House Bill 2495 clarifies procedures for the handling of asbestos and silica litigation.

House Bill 2014 specifies the Legislature’s role in appropriating federal funds.

House Bill 2263 updates the regulation of pharmacy benefit managers.

House Bill 2290 provides for maximized employment for disabled persons and creates a stat “Employment First,” which encourages agencies to facilitate the employment of disabled persons.

House Bill 2024 expands telemedicine to permit a licensed healthcare professional from another state to practice in WV when registered with the appropriate board.

House Bill 2026 modernizes the collection of income taxes by adopting uniform treatment of mobile employee income and by ending the “throw out” rule. The bill also changes the apportionment of sales of services and intangible personal property to market sourcing instead of origin sourcing, which would make West Virginia’s treatment like treatment by most jurisdictions. The bill eliminates the payroll and property factors and thus apportions income on a single sales factor only.

House Bill 2260 clarifies the department’s obligations to enter performance-based contracts with child-placing agencies.

House Bill 2094 expands the states juvenile restorative justice program.

House Bill 2400 authorizes the Division of Highways to promulgate a legislative rule relating to traffic and safety rules.

House Bill 2499 stimulates economic growth in manufacturing industries by amending the definition of manufacturing for purposes of special method for appraising qualified capital additions to manufacturing facilities for property tax purposes.

House Bill 2852 removes mandated distribution of 60 percent of allowance based on projected increased enrollment prior to September 1. It authorizes advance at district request prior to availability of actual increased enrollment of partial distribution of up to 60 percent of school districts estimated share and provides for return of refund of excess distribution.

House Bill 2898, a supplemental appropriation bill, increases the appropriations for the Workforce Investment Act for fiscal year 2021.

House Bill 2941, a supplemental appropriation bill, decreases the appropriation to the Insurance Commissioner for fiscal year 2021.

Senate Bill 275 creates the WV Intermediate Court of Appeals.

Restorative Justice Bill Completed in House Today

Cheyenne DeBolt
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Restorative Justice Bill Completed in House Today

The House concurred with the Senate on several bills today, including House Bill 2094.

House Bill 2094 allows for the juvenile restorative justice program to include other offenses. The juvenile restorative justice program is a voluntary option for the victim and offender, where the victim is in control. They enter the program with the focus of repairing the harm through communication and mediation. The bill also states that the offender can only go through the program once.

Restorative justice programs have been successful in preventing young people from reoffending by putting the offender face-to-face with the victim. West Virginia has two state-funded restorative justice programs.

The House passed Senate Bill 439, as amended, which allows for the use or nonuse of a safety belt to be admitted into evidence on the issues of negligence, contributory negligence, comparative negligence, and failure to mitigate damages.

Twelve bills were on second reading and House Bill 2022 (Budget Bill) was moved to third reading with amendments pending.

The House is in recess until 6 pm today.

A Virtual Public Hearing at 8 am tomorrow, Friday, April 2 on SB 569– Relating to Damages for Medical Monitoring.

Today’s Meetings

Tomorrow’s Meetings

The House reconvened at 6:45 pm to hear reports.

The House is adjourned until 9 am tomorrow, April 2.

Senate Completes Action on Intermediate Court

Christopher Marshall
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Senate Completes Action on Intermediate Court

The Senate concurred in the House amendments, completing action on the Intermediate Court of Appeals, during Thursday’s floor session.

Following concurrence, the final version of Senate Bill 275 includes all of the changes made by the House of Delegates.

The court will be made up of one three-judge panel serving the entire state, with the ability to travel around West Virginia to hear cases in already-available buildings.

The three judges on the intermediate court will receive appointments to staggered terms to fill out the court to begin, with regular elections to 10-year terms after that. The judges will each make $142,00 in the House version of the bill.

The bill also gives the West Virginia Supreme Court authority to take cases from the new court at its discretion, as well as the authority to determine whether to allow the intermediate court to hear criminal appeals in the future, should it choose to do so. All family court appeals will go directly to the intermediate appeals court instead of going to the circuit court.

The court will cost $3.6 million in year one and $2.1 million annually once fully operational.

The bill now heads to the Governor’s desk to await his signature.

The Senate is in recess until 5 p.m.

Video and audio streaming is available for all Senate meetings on our Legislature Live page.

Health and Human Resources will meet at 1 p.m. in 451M.

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

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

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

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

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

Military will meet tomorrow at 9 a.m. in 208W.

House Passes Criminal Rewrite Bill to Create Classes for Crimes

Cheyenne DeBolt
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House Passes Criminal Rewrite Bill to Create Classes for Crimes

It was a busy day in the House, as 32 bills were passed to the Senate and three resolutions were adopted.

House Joint Resolution 3 gives the people the right to decide on the 2022 ballot if they want to enhance legislative authority over state property taxes. The amendment would allow for exemptions for property taxes on certain machinery and motor vehicles.

House Bill 2908 requires high-volume third-party sellers to provide information to online marketplaces. High volume is defined as 200+ transitions or $5,000+ for 12 months continuous.

House Bill 2918 makes the Family Drug Treatment Court permanent.

House Bill 3072 sunsets the Board of Forestry and transfers responsibility to the Division of Forestry. It removes the license requirements. The bill states a list of foresters with four-year and two-year degrees be maintained by the Division.

House Bill 3074 requires the Board of Education to provide information about organ donation to high school students and higher education students.

House Bill 3308 increases the number of video lottery terminals allowed in an establishment from seven to 10.

House Bill 2017, the criminal code rewrite, establishes a class system for felony and misdemeanor offenses. If completed, the classes would be as follows: 6 felony classes, 3 misdemeanor classes, and a petty offense. The bill adds the option for enhancements to be added to a charge, which can result in additional time being added if convicted. The bill also adds crimes by an enterprise, which would impose larger fees to an entity. Most elements of crimes did not change, just application of the classes was added. However, the elements of larceny were changed and separated into 3 different classifications, based on value stolen.

During this morning’s Rules Committee Meeting, Senate Bill 439 was moved to the Special Calendar on second reading. It was advanced to third reading with the right to amend.

The House is adjourned until 11 am tomorrow, April 1.

Committees

Today’s Meetings

Tomorrow’s Meetings

A Virtual Public Hearing will be held on Friday, April 2 at 8 am on SB 569 -Relating to damages for medical monitoring.

 

Senate Passes 28 Bills on Crossover Day

Christopher Marshall
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Senate Passes 28 Bills on Crossover Day

The Senate passed 28 bills on Wednesday, the 50th day of the Regular Session, also known as Crossover Day. The date marks the last day for most bills to be passed in the house of origin. That excludes the budget and supplementary appropriation bills. The Senate will be almost exclusively considering House bills from now until the end of the session on April 10.

As sampling of bills passed Wednesday are listed below:

Senate Bill 677 would update provisions of the code related to miners’ safety, health and training standards.

Senate Bill 635 would require the State Fire Commission to propose rules relating specifically to sprinkler protection for basements exceeding 2500 square feet in new buildings.

Senate Bill 622 would increase compensation for  certain elected county officials

Senate Bill 464 would provide a safe process for organic waste composting and require the West Virginia Department of Environmental Protection to promulgate related rules related to implementing organic waste composting.

The Senate is adjourned until tomorrow, April 1 at 10 a.m.

Audio and video streaming for all Senate meetings is available on our Legislature Live page.

Agriculture and Rural Development will meet at 2 p.m. in 208W.

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

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

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

Transportation and Infrastructure will meet tomorrow at 9 a.m. in 451M.

 

House Rejects Bill to Reduce Interest Paid in Condemnation Cases

Cheyenne DeBolt
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House Rejects Bill to Reduce Interest Paid in Condemnation Cases

Today, the House passed 15 bills and rejected House Bill 2675.

House Bill 2675 would have conformed the judgment interest paid in condemnation cases to the interest paid on all other civil judgment and decrees. It would have cut the interest rate by more than half of its current rate. The bill was rejected 9-90.

The House concurred with the Senate to completed House Bill 2290, which provides for maximized employment for disabled persons and creates a stat “Employment First,” which encourages agencies to facilitate the employment of disabled persons.

Senate Bill 275 creates an Intermediate Court of Appeals, effective July 1, 2022. The court would review civil cases, family court, administrative hearings, and worker compensation board of review. The judges will be elected after the initial appointment. They will serve staggered 10-year terms. The bill also eliminates the Office of Judges.

House Bill 2266 provides Medicaid coverage up to 1 year postpartum. Currently, coverage is only 60 days postpartum.

House Bill 2493 makes changes to the Tax Departments’ method of property taxation. The six changes made are: 1.) The method will rely on the most recent calendar year’s coal prices, not a three-year average. 2.) The average coal density shall be a flat average of 1800 tons per acre-foot unless the taxpayer provides evidence to establish a lower density value. 3.) Tax Commission shall consider economic viability and engineering ponderations when establishing values of coal properties. 4.) Coal beds less than 35 inches shall not be classified as minable coal for valuation of property tax. 5.) Coal seams may not be classified for taxation until the actual depletion of coal commences under a permit. 6.) Non-filers shall be subject to penalties equal to and uniform with all forms of industrial property and natural resources property.

House Bill 2581 changes the valuation, assessment, review, and appellate rights of property owners regarding valuation, classification, and taxability of real estate properties by the Tax Commissioner. It allows for the publication, release, and other disclosure of nonproprietary financial information by the Joint Committee on Government and Finance.

House Bill 2720 allows the Secretary of the Department of Transportation to establish a merit-based personnel administration system for all the department’s employees. The DOT will have until October 31, 2021, to establish the new system.

House Bill 3106 increases the time for a bond hearing from 72 hours to 5 days. The bill allows for a defendant to be released from jail if the bond hearing is not held unless the defendant is incarcerated for a crime against the person.

House Bill 3304 authorizes the Commissioner of the Division of Correction and Rehabilitation to establish a program of reentry and transitional services that may be used for eligible offenders who are sentenced to serve a term of imprisonment under the custody of the Division of Corrections and Rehabilitation whom the Commissioner or the circuit court may permit to service his/her sentence as a sentence to reentry and transitional services to cut the cost of confinement and promote transition of the offender into society. The program would assist with academic education, vocational education, employment, counseling, housing, and substance abuse treatment.

House Joint Resolution 3 was amended. House Bill 2017, the criminal rewrite was amended. Several amendments to the amendment were offered and rejected.

The House recessed from 3:15 pm to 3:50 pm.

When the House reconvened, the remaining bills on second reading were advanced. House Bill 2095, House Bill 2224, and House Bill 2884 were advanced to third reading, with the right to amend.

House Bill 2370, House Bill 2592, House Bill 3072, House Bill 3307, House Bill 3308, and House Bill 3310 were all amended and advanced to third reading.

The House is adjourned until 10 am tomorrow, March 31, 2021.

Committees

Today’s Meetings

Tomorrow’s Meetings

 

Senate Passes Psychology Interjurisdictional Compact

Christopher Marshall
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Senate Passes Psychology Interjurisdictional Compact

The Senate passed a bill Tuesday that would allow participation in the Psychology Interjurisdictional Compact in West Virginia.

Senate Bill 668 would allow psychologists to practice across state lines via telemedicine. It’s a practice that’s already happening in many states and it continues to grow as the pandemic has shown what’s possible in the world of telemedicine.

Lawmakers from both sides of the aisle agreed that mental health is critical to quality of life and this bill would help improve access for all West Virginia residents.

The bill authorizes West Virginia’s participation in the multi-state Psychology Interjurisdictional Compact (PSYPACT). This compact was created to facilitate telehealth and temporary in-person, face-to-face practice of psychology across jurisdictional boundaries, while maintaining rigorous standards for providers’ enrollment.

This compact has proven to be beneficial for both psychologists and patients. It is designed to reduce licensure barriers so psychologists can deliver services across states, and create consistency in the requirements for temporary in-person practices.

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

The Senate is adjourned until tomorrow, March 31, at 10 a.m.

Video and audio streaming of all Senate meetings is available on our Legislature Live page.

Government Organization will meet at 3 p.m. in 208W.

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

Judiciary will meet at 4 p.m. in 208W.

Finance will meet at 4:15 p.m. in 451M

House Passes Personal Income Tax Reduction Bill

Cheyenne DeBolt
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House Passes Personal Income Tax Reduction Bill

Today, the House adopted 10 resolutions and eight bills.

Senate Concurrent Resolution 14 request the creation of the West Virginia Women’s Suffrage Memorial on the State Capitol Complex grounds.

The remaining resolutions were naming resolutions.

House Bill 2747 transfers the Parole Board to the Office of Administrative Hearings. It sets the number of board members to 10 and sets requirements for members. The bill states the Chief Hearing Officer will be appointed by the Governor and serve as chair of the board. It also requires that all parole board hearings be open to the public.

House Bill 2773 allows the DNR to issue up to 100 permits for boats greater than 10 horsepower on the Upper Mud River Lake.

House Bill 2793 allows out of state residents to obtain WV concealed carry permits for $100.

House Bill 2962 removes the requirement that the practical exam be performed on a real person. Since COVID-19, a mannequin has been used. The bill removes restrictions on advertising. It changes practicing dentistry without a license from a misdemeanor to a felony.

House Bill 3300 reduces personal income taxes on a percentage basis. The bill creates the income tax reduction fund. Several amendments were offered, one was adopted.

The House is adjourned until 11 am tomorrow, March 30, 2021.

Committees

Today’s Meetings

Virtual Public Hearing at 4pm on HB 3072– Sunset the Board of Forestry.

Tomorrow’s Meetings

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