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House Concurs with Senate on Pre-Candidacy Filing Bill

Cheyenne DeBolt
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House Concurs with Senate on Pre-Candidacy Filing Bill

Today, the House concurred with the Senate to complete five pieces of legislation.

House Bill 2009 limits the use of wages and agency shop fees by employers and labor organizations for political activities. It prohibits any person from coercing or intimidating any employee into making a political contribution or engaging in any form of political activity. It prohibits employers withholding or diverting any portion of an employee’s wages or salary for political activities without express, written authorization.

House Bill 2263 updates the regulation of pharmacy benefit managers.

House Bill 2372 allows pre-candidacy papers to be filed the day after the general election.

House Bill 2616 eliminates the submission of a report to the Governor and the Legislature, but requires that information to be continuously available on the Office of Health Facility Licensure and Certification’s website

House Bill 2682 replaces a certified mail requirement with an electronic mail or regular mail requirement regarding the issuance of license suspensions by the Insurance Commissioner to insurance producers and insurance adjusters who have failed to meet continuing education requirements.

The House also passed 12 bills to the Senate, including House Bill 2174, which is the WV Monument and Memorial Protection Act.

The House is adjourned until 11:00 am Monday, March 22, 2021.

Committees

Today’s Meetings

Monday’s Meetings

Senate Passes Bill to Protect LLC Members from Personal Liability

Christopher Marshall
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Senate Passes Bill to Protect LLC Members from Personal Liability

The Senate passed a bill on Friday that would nullify a court decision that allows members of a limited liability company to be held personally responsible in some instances of wrongdoing.

Senate Bill 422 deals with a legal action known as “piercing the veil.” That’s legal jargon for a court essentially holding the members of an LLC personally responsible if their business runs afoul of the law. It’s a practice used with litigation involving corporations.

Supporters of the bill argued it makes it easier to do business in West Virginia without the fear of lawsuits.

Opponents of the bill argued that if this bill becomes law it would encourage shell LLCs to crop up in West Virginia, and that members of those LLCs would have no incentive to make sure they have the proper business insurance.

Also on Friday, the Senate passed a measure, Senate Bill 626, that would regulate purchases of automobile catalytic converters. This bill would create a crime for possessing a catalytic converter without documented proof of legal purchase. The legislation is in response to a rash of catalytic converter thefts around the state.

The bills now head to the House of Delegates for consideration.

The Senate is adjourned until Monday, March 22 at 11 a.m.

Legislature Again Considers Intermediate Court

Christopher Marshall
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Legislature Again Considers Intermediate Court

The Legislature is once again considering a bill that would establish an intermediate court of appeals in West Virginia.

The issue has been debated for many years after it was recommended by a 2009 judicial review panel. The legislation has been passed several times in the Senate, only to receive mixed reviews and insufficient support in the House of Delegates.

“It’s long overdue,” Senate Judiciary Chairman Charles Trump (R-Morgan, 15) said. “It has been recommended to this Legislature for years by legal scholars.”

As in previous years, this year’s version, Senate Bill 275, would establish an intermediate court to review civil cases between the circuit court and Supreme Court levels. It would also adjudicate worker compensation cases and final orders from family court.

The bill passed the Senate on Feb. 24. This version of the bill would have appointed judges to staggered terms to fill out the court at first, with regular elections to 12-year terms to follow. The court would have a northern and southern district, each with three judges for a total of six. Proceedings would take place in already-available public buildings.

The Senate’s version of the bill is projected to cost between $8 and $9 million in the first year, with a $5.7 million yearly cost once fully operational.

“This bill would modernize West Virginia’s court system,” Trump said. “It would bring West Virginia in line with the 41 other states that have some version of an intermediate court.”

Opponents of the bill deem it unnecessary. Senator Mike Woelfel (D – Cabell, 05) said there is no indication the Supreme Court is overburdened. He noted that it has been the State Supreme Court policy for several years to review all properly filed appeals and issue a written decision. He believes the new court will result in delays for those seeking justice.

“Why are we wasting this money? Why are we increasing the size of government when it’s not necessary?” Woelfel asked.

On March 4, the House Judiciary Committee made significant changes to the bill, lowering the overall number of judges, as well as the price tag to operate the court.

“I felt we had the ability to make a difference,” House Judiciary Chairman Moore Capito (R-Kanawha, 35) said. “I understand the concerns. I’m confident we crafted a concept that I really do think will be beneficial to the judicial system going forward.”

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

The House committee also gave 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 in this version of the bill would go directly to the intermediate appeals court instead of going to the circuit court.

In the House version, the court would cost $3.6 million in year one and $2.1 million annually once fully operational.

Opponents of the bill in the House echoed the sentiments of those in the Senate.

“The truth of the matter is, it expands government where it is not needed,” House Judiciary Minority Chairman Chad Lovejoy (Cabell, 17) said. “There’s no place for it, and it is not necessary. We have pressing issues in West Virginia and we’ve started to tackle some of them; broadband, hunger, and the education system. Our house is on fire, and we’re building a new deck. I don’t think that’s the way to go.”

The bill is currently in the House Finance Committee, awaiting consideration by that body.

Completed Legislation (03/12/21-03/18/21)

Cheyenne DeBolt
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Completed Legislation (03/12/21-03/18/21)

Senate Bill 295 provides opportunity for the maximum drawdown of federal dollars for broadband expansion by increasing the amount available for broadband deployment loans issues by the Economic Development Authority.

House Bill 2011 eliminates any hour requirement for temporary employees relating to an hour cap during a working year.

House Bill 2013 creates the Hope Scholarship Program.

Senate Bill 5 encourages the efficient settlement of legal claims.

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

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

Senate Bill 404 modifies well work permits issued by the DEP Office of Oil and Gas.

House Bill 2006 transfers the West Virginia Contractor Licensing Act from administration and regulation by the Division of Labor to regulation under the provisions of professions and occupations in chapter 30 of this code

House Bill 2008 changes requirements for licensure relating to elevator mechanics, crane operators, HVAC, electricians, and plumbers.

House Legislation ( 3/12/21-3/18/21

Cheyenne DeBolt
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House Legislation ( 3/12/21-3/18/21

As of Friday, March 19, 2021, 1290 bills have been introduced to the House. Of those bills, 97 have passed and advanced to the Senate.

House Bill 2888 provides that if scientific evidence arises or is debunked pertaining to an incarcerated individual’s case in West Virginia, then the individual’s case is not considered adjudicated and can be reopened.

House Bill 2776 creates the Air Ambulance Patient Protection Act, which declares that any entity who solicits air ambulance membership subscriptions, accepts membership applications, or charges membership fees, is an insurer and shall be licensed and regulated by the Offices of the Insurance Commissioner.

House Bill 2770 increases criminal invasion of privacy from a misdemeanor to a felony and increases the penalties for the offense.

House Bill 2379 prohibits a state agency or official from creating regulations beyond statute regarding the registration, reporting, or operation of foundation in West Virginia.

House Bill 2932 adds home confinement officers as members of law-enforcement and authorizes them to carry concealed firearms in certain facilities.

House Bill 2916 creates a Semi-quincentennial Commission for the celebration of the 250th anniversary of the founding of the United States of America.

House Bill 2804, a supplemental appropriation bill, moves expiring funds from BRIM and the Veterans Facilities Support Fund to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2021.

House Bill 2803, a supplemental appropriation bill, supplements, amends, and increases items of appropriation for the Department of Commerce for expenditures during fiscal year 2021.

House Bill 2802, a supplemental appropriation bill, supplements, amends, and increases items of appropriation for the Department of Homeland Security for expenditures during fiscal year 2021.

House Bill 2789, a supplemental appropriation bill, supplements, amends, and increases items of appropriation for Public Defenders for expenditures during fiscal year 2021.

House Bill 2788, a supplemental appropriation bill, moves expiring funds from the State Excess Lottery Revenue Fund to the unappropriated surplus balance in the State Fund, General Revenue, for the fiscal year ending June 30, 2021.

House Bill 2763 provides a mechanism for reporting cyber incident and provides for an annual report to the Joint Committee of the West Virginia Legislature. An example of a cyber incident would be a threatening actor pulling private personal information from a county board.

House Bill 2758 regulates bail bondsmen by the Insurance Commission.

House Bill 2682 replaces a certified mail requirement with an e-mail or regular mail requirement for license suspensions by the Insurance Commissioner to insurance producers and insurance adjusters who have failed to meet continuing education requirements

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

House Bill 2972 permits the manufacture of 100 gallons of liquor for personal use only and not for sale in a household of two or more adults over 21 or 50 if only one person over 21 resides in the home.

House Bill 2969 clarifies the procedures for the sale and operation of a municipally owned toll bridge by a private toll transportation facility.

House Bill 2891, which creates minimum statutory standards for law-enforcement officer, was amended on second reading to drop the age requirement for municipality police officers from 21 to 18.

House Bill 2877 expands direct healthcare agreement beyond primary care to include more medical care services, such as physical therapy.

House Bill 2834 add the Curator of the West Virginia Department of Arts, Culture and History as an ex officio voting member of the Commission on the Arts.

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 2705 authorizes the Department of Health and Human Resources to create rules to regulate food establishments’ dog friendly areas.

House Bill 2688 allows county political executive committees to create building funds in the same manner as a party headquarters committee.

House Bill 3133 adds back into code the procedure for changing rates for motor carriers.

House Bill 3128 clarifies calculation of the three percent fee retained by commercial mobile radio service providers.

House Bill 3081 updates the West Virginia Business Corporation Act and the West Virginia Nonprofit Corporation Act to allow corporations and nonprofit corporations to conduct shareholder meetings by means of remote communication.

House Bill 3078 adds a condition in the code that would allow an inmate to be released from prison and complete required rehabilitative and educational classes while on parole as a condition of parole.

House Bill 2817 creates the Donated Drug Repository Program and gives the WV Board of Pharmacy authorization over the program.

House Bill 2794 extends the Neighborhood Investment Program Act to July 1, 2026.

House Bill 2400 authorizes the Division of Highways to create rules relating to traffic and safety rules.

House Bill 3175 allows car salespersons who have been previously convicted of a felony to be treated similarly to car dealership owners.

House Bill 3132 changes terms relating to motor carrier inspectors to commercial vehicle enforcement officers.

House Bill 3129 relates to the Consumer Price index rate increase.

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 2941, a supplemental appropriation bill, increasing the designates federal funds spending unit for the Insurance Commissioner 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.

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

House Bill 2898, a supplemental appropriation bill, increasing the designates federal funds spending unit for Workforce West Virginia during fiscal year 2021.

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

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 2830 strengthens state law relating to sex trafficking.

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

Senate Legislation (3/12/21-3/18/21)

Cheyenne DeBolt
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0
Senate Legislation (3/12/21-3/18/21)

As of Friday, March 19, 2021, 667 bills have been introduced to the Senate. Of those bills, 107 have passed and advanced to the House

Senate Bill 518 adds grounds for administrative dissolution of business, corporate, nonprofit, and limited partnership organizations which misrepresent a material matter in any filing or record submitted to the Secretary of State.

Senate Bill 500 removes confusing and excessively complex language from the criminal prohibition on the intimidation of and retaliation against public officers and employees, jurors, and witnesses.

Senate Bill 318 eliminates the requirement that the Treasurer publish a full list of unclaimed property in newspapers and instead require that information be included in a publicly available online database

Senate Bill 529 corrects improver citation relating to DMV registration.

Senate Bill 523 corrects improper references in code.

Senate Bill 472 updates the criteria the Performance Evaluation and Research Division uses when assessing an application for a new license or other government regulation and when reviewing existing government regulations relating to occupational and professional regulation.

Senate Bill 346 allow the DMV to use electronic means to provide notice to licensees and vehicle owners.

Senate Bill 502 sets tiered fee lives for resident lifetime hunting, fishing, and trapping licenses for residents who have not reach their 15th birthday.

Senate Bill 431 allows the Department of Education to share information relating to school attendance electronically with the DMV so that students do not have to individually present paper information.

Senate Bill 391 requires a departmental study on the child protective services and foster care workforce.

Senate Bill 303 creates the Local Government Labor and Consumer Marketing Regulatory Limitation Act. It prohibits political subdivisions from enacting any ordinance, regulation, local policy, local resolution or other legal requirements regulating certain areas of the employer-employee relationship and the sale or marketing of consumer merchandise.

Senate Bill 297 permits the Board of Treasury Investments to compensate appointed members for each meeting attended and to eliminate certain outdated and contradictory investment restrictions.

Senate Bill 566 requires entities and parties to uphold and apply the Superintendent of Schools’ interpretation of school law and State Board of Education rules

Senate Bill 562 establishes procedures for establishing juvenile competency to stand trial and establishes disposition alternative for incompetent juveniles

House Bill 2008 and Senate Bill 89 Completed by House Today

Cheyenne DeBolt
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House Bill 2008 and Senate Bill 89 Completed by House Today

The House concurred with the Senate on House Bill 2008 and Senate Bill 89 to complete the legislation.

House Bill 2008 changes requirements for licensure relating to elevator mechanics, crane operators, HVAC, electricians, and plumbers.

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

Eighteen bills were on third reading today. Action was delayed one day on House Bill 3130. House Bill 3134 was recommitted to the Judiciary Committee.

Senate Bill 5 encourages the efficient settlement of legal claims.

House Bill 3132 changes terms relating to motor carrier inspectors to commercial vehicle enforcement officers.

Twelve bills were read for the second time, including House Bill 2174, which was moved to third reading with the right amend and amendments pending.

The House is adjourned until 11:30 am tomorrow, March 19, 2021.

Today’s Meetings

Tomorrow’s Meetings

Senate Sends Four Bills to House

Christopher Marshall
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Senate Sends Four Bills to House

The Senate passed four bills during floor session on Thursday.

Senate Bill 562 would establish procedures for determining juvenile competency to stand trial and would also create a disposition alternative for juveniles determined to be incompetent.

Senate Bill 566 would require involved parties to uphold and apply the Superintendent of Schools’ interpretation of school law and State Board of Education rules as it relates to grievance proceedings.

House Bill 2372 would allow for candidates to file pre-candidacy papers the day after a general election. The Senate amended the title, so the bill will have to go back to the House for final approval.

House Bill 2682 would replace a certified mail requirement with an electronic mail or regular mail requirement regarding the issuance of license suspensions by the Insurance Commissioner to insurance producers and insurance adjusters who have failed to meet continuing education requirements. The Senate amended the title, so the bill will have to go back to the House for final approval.

The Senate is adjourned until tomorrow, March 19 at 10 a.m.

Stream any and all meetings below on the Legislature Live page.

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

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

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

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

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

Judiciary will meet today at 3 p.m. and tomorrow at 9 a.m. in 208W.

Senate Completes Hope Scholarship Program

Christopher Marshall
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Senate Completes Hope Scholarship Program

The Senate completed legislative action Wednesday on a bill that would create the Hope Scholarship Program.

House Bill 2013 would establish publicly funded education savings accounts for public school students interested in switching to private or home school.

The Hope Scholarship Program would give students a voucher equal to about $4,600 a year to start, but that could fluctuate depending on the annual state School Aid Formula. The vouchers could be used for things like tuition at a private school, for tutoring, for standardized exams, or for after school programs.

Initial rollout of the Hope Scholarship Program is expected to cost the state about $23 million in its first year according to a fiscal note provided by the West Virginia Department of Education.

The West Virginia Department of Education estimates this expansion of the program could cost the state an additional $100 million a year beginning in the 2027-2028 school year if all current homeschool and private school students received the education vouchers.

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

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

Economic Development will meet 20 minutes after session in 451M.

Pensions will meet 15 minutes after Economic Development in 451M.

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

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

 

House Concurs with Senate on West Virginia Contractor Licensing Act

Cheyenne DeBolt
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0
House Concurs with Senate on West Virginia Contractor Licensing Act

The House passed eight bills and concurred with the Senate on House Bill 2006 today.

House Bill 2006 transfers the West Virginia Contractor Licensing Act from administration and regulation by the Division of Labor to regulation under the provisions of professions and occupations in chapter 30 in WV code.

Senate Bill 404 modifies well work permits issues by the DEP Office of Oil and Gas.

House Bill 2817 creates the Donated Drug Repository Program to be regulated by the Board of Pharmacy. It establishes how the drugs are to be received, handled, stored, dispensed, distributed, and disposed.

House Bill 3078 add a condition in the code that would allow an inmate to be released from prison and complete required rehabilitative and educational classes while on parole as a condition of parole.

The House is adjourned until 11 am tomorrow, March 18, 2021.

Today’s Meetings

Virtual Public Hearing – Government Organization Committee at 3 pm on HB 2174 – West Virginia Monument and Memorial Protection Act of 2021

Tomorrow’s Meetings

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