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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

Senate Passes Officer Training Bill to Help Those with Autism

Christopher Marshall
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Senate Passes Officer Training Bill to Help Those with Autism

The Senate passed a bill on Monday that would require law enforcement officers to be trained on the best ways to interact with those with autism spectrum disorders.

Senate Bill 634 would require that law enforcement and correction officers be trained in appropriate interactions with individuals with autism spectrum disorders. The legislation 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.

Research has shown that interactions with law enforcement can be more dangerous for those with autism spectrum disorder. One of the factors is that those with autism may react to law enforcement in a way that  can look similar to what individuals in law enforcement would consider suspicious behavior (lack of eye contact, reduced or repetitive speech, or repetitive motor movements).

Researchers and other organizations are increasingly recognizing that a dual approach is needed: individuals with autism and their families should have the tools and training regarding how to successfully interact with first responders, and first responders should receive training on how to recognize and interact with individuals with autism and other mental health conditions.

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

The Senate is in recess until 4:30 p.m.

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

Judiciary will meet at 2 p.m. in 208W.

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

Senate Passes Nine Bills on Saturday

Christopher Marshall
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Senate Passes Nine Bills on Saturday

The Senate passed nine bills during a Saturday afternoon floor session.

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

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

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

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

The Senate has adjourned until Monday, March 29, at 11 a.m.

Streaming for all meetings is available on our Legislature Live page.

Judiciary will meet today at 2 p.m. in 208W.

Finance will meet today at 2 p.m. in 451M.

Senate Honors the Life of Shirley Love, Expands Restorative Justice

Christopher Marshall
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Senate Honors the Life of Shirley Love, Expands Restorative Justice

The Senate memorialized the life of former Senator Shirley Love on Friday with the unanimous adoption of Senate Resolution 30.

Family and friends of the late Senator were on hand in the gallery to listen to multiple Senators share their memories of Love.

Love, who served one term in the House of Delegates and 14 years in the Senate representing Fayette County, thrived during a 43-year career in radio and television broadcasting.

He passed away in July, 2020, at the age of 87.

Also on Friday, the Senate passed House Bill 2094, which would expand the state’s restorative justice program for juveniles.

Nationally, such programs have shown that by placing young people who have committed a crime face-to-face with the person that they’ve harmed, they are less likely to commit the crime again in the future.

Currently in West Virginia, the state Department of Health and Human Resources provides funding to two restorative programs, the National Youth Advocate Program, which serves 12 counties, and the Juvenile Mediation Program, which works with juveniles in the northern panhandle.

Generally, in these programs, victims will volunteer to meet with their juvenile offenders. They discuss the crime with a mediator present, and together they come up with a way that the juvenile can provide restitution.

In West Virginia, success in the program can lead to the dismissal of criminal charges.

Provided both parties are willing, the bill would open the process up to all juveniles in West Virginia, facing charges of any kind, including violent crimes. Under this legislation, the juvenile offender would only be able to participate in the program once.

The bill now heads back to the House of Delegates for final approval.

The Senate is adjourned until Saturday, March 27, at 12:00 p.m.

Video streaming is available for all meetings on the Legislative Live page.

Government Organization will meet today at 2 p.m. and tomorrow at 10 a.m. in 208W.

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

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

Energy, Industry and Mining will meet tomorrow at 9 a.m. in 208W.

House Passes Anti-Discriminations Against Israel Act

Cheyenne DeBolt
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House Passes Anti-Discriminations Against Israel Act

Today, the House of Delegates adopted six resolutions, concurred and amended HB 2024, and passed 14 bills.

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

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

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.

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.

The House is in Recess until 5 pm.

Committees

Today’s Meetings

Monday’s Meetings

Virtual Public Hearings

  • Judiciary Committee Monday, March 29 at 8 am on HJR 3 – Property Tax Modernization Amendment
  • Government Organization Committee Monday, March 29 at 3 pm on HB 3072 – Sunset the Board of Forestry

The House reconvened at 6 pm to hear committee reports and Senate messages.

The House is adjourned until 11 am on Monday, March 29, 2021.

Protecting Those Who Protect and Serve

Cheyenne DeBolt
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Protecting Those Who Protect and Serve

When it comes to creating legislation, there is, frequently, debate and disagreement. However, when it comes to creating legislation for and about those who protect and serve the people of the state, common ground is frequently found.

The West Virginia Legislature has moved several bills relating to first responders, veterans, and other service personnel. Mental health has been a focus with a couple of the bills.

House Bill 3107 declares that PTSD diagnosed by a licensed psychiatrist is a compensable occupational disease for first responders and makes PTSD workers’ compensation coverage an option for first responders. Currently, it is only covered when bodily injury is also present. The Bill was introduced by Delegate Chad Lovejoy (D-Cabell).

“We say we ‘back the blue’ and we get in photos with them when we can, but then we let them die,” Lovejoy said.

Lovejoy introduced the bill because of a Huntington firefighter, who died by suicide after responding to several fatal overdoes, one of which had a personal connection.

Delegate David Kelly (R-Tyler), a former sheriff, supported the legislation stating the trauma affecting first responders is not discussed enough.

“This destroys relationships. It destroys families. It destroys lives,” Kelly said. “I can go for months and it seems like everything is OK. Something can trigger it. It can be a smell, a picture; it can be a television show. It can be lights and sirens. Sometimes it doesn’t take anything.”

Another bill relating to mental health is House Bill 2981. The bill creates a suicide prevention assistance program for veterans within the state. The bill also requires reporting of veteran suicides and suspected veteran suicide. The bill’s lead sponsor is Delegate Charlie Reynolds (R- Marshall).

“I think this legislative session has had and will continue to have a very positive effect on our first responders, our veterans, and our service workers in West Virginia,” Delegate Reynolds said. “HB 2981 will require the Department of Veterans’ Affairs to develop and provide suicide prevention assistance to our veterans, a group of heroes that desperately deserves better government services, and we certainly owe them that much and more.”

Both, the House and the Senate have passed bills to the other chamber providing benefits for veterans and military personnel.

Senate Bill 586 provides a 50 percent discount on fees and charges at West Virginia veterans at state parks. Senate Bill 102 allows for disabled veterans and purple heart recipients free parking at paid parking of the state or its political subdivisions.

Some other bills extend benefits to families of active-duty military members.

House Bill 2874 extends the current veteran’s business fee waiver to active-duty military members, their spouses, and immediate family members. Senate Bill 16 provides continued eligibility for developmental disability services to dependents of military members, so that when the family returns from a reassignment they do not have to begin the eligibility process all over.

“This is an important benefit for our military service people who sacrifice so much being sent around the country and the world,” Senator Mike Romano (D-Harrison) said of Senate Bill 16.

Completed Legislation (03/19/21-03/25/21)

Cheyenne DeBolt
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Completed Legislation (03/19/21-03/25/21)

Senate Bill 9 continues the Licensed Racetrack Modernization Fund.

Senate Bill 10 changes the due date of the racetrack table game renewal license fee from July 1 to October 1.

House Bill 2804, a supplemental appropriation bill, moving expired funds from the BRIM- Mine Subsidence Insurance Fund and the Veterans’ Facilities Support Fund to the General Revenue Fund for fiscal year 2021.

House Bill 2803, a supplemental appropriation bill, increasing funds for the Department of Commerce- Division of Forestry for fiscal year 2021.

House Bill 2802, a supplemental appropriation bill, increasing funds for the Department of Homeland Security for fiscal year 2021.

House Bill 2788, a supplemental appropriation bill to move expired funds from the State Excess Lottery Fund to the State General Revenue Fund for fiscal year 2021.

House Bill 2789, a supplemental appropriation bill, increases funds to the Public Defender Services Fund for fiscal year 2021.

Senate Bill 89 exempts certain private kindergarten and preschool programs from registration requirements.

Senate Bill 42 creates the Zombie Property Remediation Act of 2021.

House Bill 2701 authorizes the Division of Rehabilitation Services to approve training programs acceptable for training low vision individuals to obtain Class G driver’s license.

House Bill 2709 Provides that aggregate liability of a surety on a consumer protection bond under the West Virginia Fintech Regulatory Sandbox Program does not exceed the principal sum of the bond.

House Bill 2764 allows the Division of Financial Institutions to enter into reciprocity agreements with other jurisdictions that operate similar programs to the West Virginia Fintech Sandbox Program.

Senate Bill 182 authorizes the Commission of Agriculture to create rules relating to animal disease control.

Senate Bill 469 permits and establishes requirements for appearance by video for purpose of notarial acts.

Senate Bill 160 authorizes the Alcohol Beverage Control Commission to create rules relating to private club licensing.

Senate Bill 156 authorizes the Fire Commission to create rules relating to standards for certification and continuing education of municipal, county and other public sector building code officials, building code inspectors and plans examiners.

Senate Bill 305 provides exemptions from consumers sales and service tax for certain aircraft maintenance.

House Bill 2621 mandates certification for certain members of fire departments, requires training, and allows specialized personnel who are not firefighters to be members of a department.

Senate Bill 517 eliminates the requirement for all new legislative rules to have a five-year sunset date after the initial five-year sunset date. It allows the Secretary of State to conform all active legislative rules with sunset provisions to the requirements of this code.

House Bill 2854 adds a definition for “beneficiary” to the Municipal Police Officer and Firefighter Retirement System.

House Bill 2797 declares certain claims against the state to be moral obligations of the state and to authorize payments from general revenue funds, special revenue funds, and state road fund.

House Bill 2621 mandates certification for certain members of fire departments and requires certain types of training. It allows specialized personnel who are not firefighters to be members of a department.

House Bill 2905 repeals the use of “Doctor” or “Dr.” penalty on campaign advertising.

House Bill 2855 adds a definition for “beneficiary” to the Natural Police Officers Retirement System.

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