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House Adopted HCR 32 to Name Road In Memory of Senator Shirley Love

Cheyenne DeBolt
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House Adopted HCR 32 to Name Road In Memory of Senator Shirley Love

Today, the House adopted five concurrent resolutions including House Concurrent Resolution 32.

House Concurrent Resolution 32 names Gatewood Road in Fayette County as the “Senator Shirley Love Memorial Road.”

The House concurred with the Senate on House Bill 2011, which completed the legislation.  House Bill 2011 eliminates any time requirements for part time personnel to work during a working year.

House Bill 2379, House Bill 2776, and House Bill 2888 advanced to the Senate.

House Bill 2379 increases criminal invasion of privacy from a misdemeanor to a felony and increases the penalties for the offense.

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 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 2493 was recommitted to the Finance Committee. House Bill 2493 would make changes to the Tax Departments method of accessing coal property taxation. There are six changes: 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 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 establish 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.

Nine bills were on second reading, including House Bill 2634, which was committed to the Finance Committee. House Bill 2634 provides that insurance providers must provide coverage for 20 visits per event for each of the following: physical therapy, occupational therapy, osteopathic manipulation, a chronic pain management program, and chiropractic services when ordered or prescribed by a healthcare practitioner.

The House is adjourned until 11 am tomorrow, March 17, 2021.

Committees

Today’s Meetings

Tomorrow’s Meetings

Virtual Public Hearings

  • Judiciary Committee at 9 am on HB 2354 – Relating to Political Party Committees
  • Government Organization Committee at 3 pm on HB 2174 – West Virginia Monument and Memorial Protection Act of 2021

Senate Passes Bill Limiting Political Use of Wages by Labor Groups

Christopher Marshall
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Senate Passes Bill Limiting Political Use of Wages by Labor Groups

On Tuesday, the Senate passed House Bill 2009, which relates to limitations on the use of wages and agency shop fees by employers and labor organizations for political activities.

The legislation would prohibit employers from withholding a portion of an employee’s wages and salaries for political activities on behalf of a union or any other private organization without specific written permission by the employee.

Last week, the Senate Judiciary Committee expanded the scope of the bill to prohibit state, municipal, and county governments from withholding union or club dues from a public employee’s wages or salary.

Supporters of the bill argue that it keeps public entities from being collection agencies for unions and other private organizations.  Opponents of the bill believe it’s retaliatory against teachers & service personnel, and being passed at a time when those it impacts are not allowed inside the Capitol.

This amended bill now heads back to the House of Delegates where that body can agree to or reject the Senate’s changes.

The Senate is adjourned until tomorrow, March 17, at 11 a.m.

Follow and stream all meetings listed below on our Legislature Live page.

Health 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 at 3 p.m. in 208W.

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

2021 Farm Bill Advances to the House Floor

Cheyenne DeBolt
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2021 Farm Bill Advances to the House Floor

The Committee on Government Organization met today and advanced five bills to the House floor.

House Bill 2633 creates the 2021 Farm Bill. It amends and updates several sections of code within Chapter 19, relating to agriculture. It authorizes the use of raw milk for non-human consumption. It changes the Livestock Care Advisory Board to be a board appointed by the Commissioner of Agriculture and now includes law enforcement. It updates the code relating to farmers markets. The bill creates the Agriculture Investment Program, which would provide grants or loans to expand agriculture in West Virginia.

House Bill 2742 provides the DMV the authority to renew or reissue driver’s license or ID cards online when an applicant needs to update the address. This authority in code would supersede the legislative rule to the contrary.

House Bill 2914 removes the president of the State Historical Society and the president of the State Historical Association from the Archives and History Commission. It also states that the Director of Archives and History Section shall serve as secretary of the commission. It states that each member shall be given notice of a meeting and that the secretary, or a majority of the commission’s members, may all a meeting.

House Bill 2823 exempts buildings or structures utilized exclusively for agriculture purposes from the provisions of the State Building Code and State Fire Commission.

House Bill 2174 prohibits the relocation, removal, alteration, renaming, rededication, or disturbance of any statue, monument memorial, nameplate, or plaque which is located on public property and has been erected for, or named, or dedicated in honor of certain historical military, civil rights, and Native American events, figures, and organization. The bill also prohibits any person from preventing the governmental entity measures to protect, preserve, care for, repair, or restore the items, structures, or areas. It establishes a process by which the West Virginia State History Preservation Office my grant exceptions.

House Passes Bill Expanding Direct Healthcare Agreements

Cheyenne DeBolt
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House Passes Bill Expanding Direct Healthcare Agreements

Today, the House adopted four resolutions and passed eight bills.

Senate Concurrent Resolution 4 recognizes June 19 as Juneteenth Day.

House Concurrent Resolution 9 urges Congress to call a convention of states to limit terms of office of US House of Representatives.

House Concurrent Resolution 35 requests the Department of Health and Human Resources to continuously evaluate the child welfare system.

House Resolution 14 recognizes clean energy’s importance to West Virginia’s energy future.

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

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

A virtual public hearing will be held at 8 am on Wednesday, March 15, 2021 regarding House Bill 2354.

The House is adjourned until 11 am tomorrow, March 16, 2021.

Committees

Today’s Meetings

Tomorrow’s Meetings

Senate Passes Bill Allowing DMV to Use Electronic Notice

Christopher Marshall
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Senate Passes Bill Allowing DMV to Use Electronic Notice

The Senate passed five bills during a brief floor session Monday morning.

Senate Bill 346 would allow the DMV to use electronic means to provide notice to licensees and vehicle owners, with the expectation that notice will be provided more frequently and efficiently using modern technology for delivery.

The Senate has adjourned until tomorrow, March 16, at 11 a.m.

Streaming of meetings is available on our Legislature Live page.

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

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

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

 

House Bill 2891 Amended to Set Police Officer Age to 18

Cheyenne DeBolt
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House Bill 2891 Amended to Set Police Officer Age to 18

The House passed 13 bills today, including House Bill 2763, House Bill 2916, and House Bill 2932.

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

House Bill 2932 prohibits a state agency or official from creating regulations beyond statute regarding the registration, reporting, or operation of foundation in West Virginia.

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.

Committees

Monday’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 a brief floor session Friday morning.

Senate Bill 437 would extend a contingent increase of tax rate on certain eligible acute care hospitals.

Senate Bill 494 would authorize the  transfer of moneys from Insurance Commission Fund to the Workers’ Compensation Old Fund.

Senate Bill 496 changes some terms related to punishment for second or third degree felony.

Senate Bill 514 would establish the Natural Resources Commission appointment criteria and qualifications, and to allow for reimbursement of expenses related to official duties.

These bills move on to the House of Delegates for consideration.

The Senate is adjourned until Monday, March 15, at 11 a.m.

House Judiciary Committee Advances Bill to Strengthen Sex Trafficking Laws

Cheyenne DeBolt
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House Judiciary Committee Advances Bill to Strengthen Sex Trafficking Laws

The Judiciary Committee advanced six bill today.

House Bill 2495 clarifies procedures for handling of asbestos and silica litigation and enhances the ability of the judicial system to manage the litigation by requiring the filing of additional information to verify the factual basis for each claim against each defendant. It also ensures the defendants are not subject to liability for later-added asbestos-containing products manufactured or sold by third parties. It also allows for the consolidation of asbestos or silica actions at trial with the consent of all parties.

Senate Bill 5 encourages efficient settlements of legal claims.

Senate Bill 42 authorizes a municipality to commence a proceeding in a court of competent jurisdiction within the county of the abandoned property to compel a foreclosure to assist municipalities to better address “zombie properties,” which are plaguing communities across the state.

House Bill 2830 strengthens laws relating to sex trafficking. The bill provides no minor shall be prosecuted for an offense of prostitution in violation of this section of code. It allows for a child victim of sex trafficking to expunge records of a juvenile delinquency adjudication. The bill allows for the criminal liability of a person who aids, assists, or abets the trafficking of an adult or child. The bill also provides the child victim of sex trafficking be eligible for comprehensive and specialized trauma-informed child welfare services.

House Bill Originating creates a new crime of public disclosure of restricted information with the intent to threaten, intimidate, or incite violence against a person or intent and knowledge to threaten, intimidate, or incite violence against a person. The crime is a misdemeanor, unless the information is used to threaten, intimidate, or incite violence against a juror, witness, informant, or law enforcement officer in a court. Then, the crime is a felony, which would carry a prison sentence of five years.

House Bill Originating relates to automobile salesperson licensure.

House Bill 2195 was assigned to a subcommittee. House Bill 2195, as amended, requires that law-enforcement officers submit crash reports to owners and/or drivers of the vehicles involved in the crash within 48 hours of the crash. All information must be shares with all parties involved and their insurance agents.

COVID-19 Impacts 2021 Legislation

Cheyenne DeBolt
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COVID-19 Impacts 2021 Legislation

During the 2021 Session, COVID-19 is mentioned every day in one way or another. While case numbers are beginning to decrease, West Virginia is passing legislation that came to forth due to COVID-19.

A year ago, the state was just starting to hear of a potential lockdown. The Governor put a “Stay at Home” Order in place and non-essential businesses were closed. Working from home became the normal for people across the state and broadband access became essential.

“It’s the single most important thing we can do this year, given the COVID-19 pandemic,” Delegate Daniel Linville (R-Cabell) said. “It was important long before that. This is 21st-century infrastructure. This is something we’ve got to do and do it now.”

House Bill 2002, which has passed from the House to the Senate, would set the framework for an expedited broadband expansion throughout West Virginia. The bill codifies the Office of Broadband. It also sets reporting requirements for any company receiving federal or state funding for broadband expansion.

During this time, non-emergency medical treatments were limited, and appointments were not held in person. Many West Virginians had their first experience with a telehealth appointment. Senate Majority Leader Tom Takubo (R-Kanawha) states that telemedicine defines three pathways for healthcare delivery using technology. Those pathways are acute care, comprehensive care, and care from specialists.

“The telemedicine bill is one the most revolutionary bills in terms of affecting healthcare in West Virginia,” said Takubo. “It is my firm belief that this legislation will transform how medicine is rendered for decades to come and will literally save lives across our state.”

This year the West Virginia Legislature moves to expand telehealth with House Bill 2024.The bill would allow out-of-state licensed health care professionals to practice in West Virginia when registered with the appropriate board. House Bill 2024 also expands telehealth to include audio calls. The bill has passed to the Senate.

In the last year, small businesses, especially those providing alcohol, saw major setbacks. House Bill 2025 passed from the House to the Senate. The bill addresses the societal requests which came to fruition during the lockdown., including new alcohol licenses.

“A lot of bipartisanship went into the House Bill 2025 We had several conversations with the industry,” Government Organization Chair Brandon Steele (R-Raleigh) said. “The bill codified what was already working for the industry.”

The bill also enables businesses to begin the sale of liquor, wine, and beer at 6 am. It allows for the ability to offer sealed liquor drinks, beer, and wine with food orders via telephone, mobile app, or web-based software.

“We’re excited to codify COVID relaxations to help small businesses in our state like breweries, distilleries, restaurants and bars,” Delegate Kayla Young (D-Kanawha) said. “Not only do they help at a time these businesses need it most, but these expansions will also permanently grow revenue, quality of life, and tourism here in West Virginia.”

In an age where in-person commerce is difficult, e-commence is becoming increasingly important to the state. Senate Bill 280 requires all political subdivisions to offer online payment options by March 1, 2023. The bill authorizes the State Treasurer rules to establish the system and offers the Treasurer may provide exemptions. The legislation is complete and has been sent to the Governor.

The Senate also offered bills to allow for other online services. Senate Bill 343 allows the DMV to process driver’s license and ID card renewals or reissue online due to address changes. Senator Bill Hamilton (R-Upshur) received calls from several nonprofit organizations, who have not been able to hold fundraising events. To provide a solution, he introduced Senate Bill 263, which allows for charities and public service organizations to offer online raffles.

“This bill will benefit a large segment of the state’s nonprofit population. It will help provide them with the revenue they need to fund community projects,” said Senator Hamilton.

House Legislation (3/5/21-3/11/21)

Cheyenne DeBolt
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0
House Legislation (3/5/21-3/11/21)

As of Friday, March 12, 2021, 1076 bills have been introduced to the House. Of those bills, 54 have passed and advanced to the Senate.

House Bill 2257 requires extended supervision for certain drug offenders.

House Bill 2335 increases the penalty for a driver who under the influence causes the death of a minor.

House Bill 2363 “Best Interest of the Child Protection Act of 2021,” establishes initial custody arrangements to be 50/50 between the parents. To change the 50/50 split, one parent must prove the other parent to be incompetent, neglectful, or abusive.

House Bill 2507 removes limitations on advertising and promotional activities by limited video lottery retailers. The bill advances to the Senate.

House Bill 2598 changes the definition of an above ground storage tank, specifically brine storage tanks.

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

House Bill 2671 updates the financial exploitation statute. It clarifies civil complaints and petitions proceedings for financial exploitation protective orders. It also includes potential criminal penalties for violating the protection orders.

House Bill 2674 codifies current practices by updating the required credentials for certified registered nurse anesthetists who cooperates with a physician or dentist

House Bill 2701 approves the Division of Rehabilitation Services to approve acceptable training programs required for low vision individuals to obtain a Class G drivers license.

House Bill 2709 provides that the 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 2722 prohibits the use of class B fire-fighting foam for testing purposes if the foam contains a certain class of fluorinated organic chemicals. The bill does make exceptions for fire prevention and in case of emergency.

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.

House Bill 2765 allows airport emergency management and operations vehicles to use red flashing warning lights.

House Bill 2852 changes the mandate for the Department of Education to distribute before September 1 to by December 31 60 percent of the county’s share of the allowance for increased enrollment. The bill does allow for the counties to request an advance on the share they expect to receive on December 31, however it cannot exceed 60 percent of their share of projected increased enrollment.

House Bill 2905 repeals the prohibition of using the word “Doctor” in advertising without defining what kind of doctor the individual is.

House Bill 2906 increases the School Building Authority’s discretion for maintenance spending to 10 percent on multi-county vocation schools.

House Bill 2957 repeals sections of outdated code.

House Bill 2958 repeals sections of outdated code.

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