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

As of Friday, March 12, 2021, 632 bills have been introduced to the Senate. Of those bills, 89 have passed and advanced to the House.

Senate Bill 39 prohibits insurance coverage from requiring prior authorization for tests to stage cancer.

Senate Bill 294 closes the Prepaid Tuition Trust Fund and creates a special revenue account to fund new savings and investment programs.

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

Senate Bill 314 regulates pawnbrokers.

Senate Bill 334 establishes license application process for needle exchange programs.

Senate Bill 339 expands agricultural operations that protect from nuisance and other legal actions.

Senate Bill 343 authorizes the DMV to process online driver’s license or identification card change of address.

Senate Bill 344 eliminates the sunset date for the qualified rehabilitated buildings investment credit and the maximum amounts allowable of the tax credit.

Senate Bill 368 authorizes the DEP to develop Reclamation of Abandoned and Dilapidated Properties Programs.

Senate Bill 375 limits the reasons for which an open enrollment application can be denied and sets a process for application denial.

Senate Bill 376 removes obsolete provisions regarding DOH standards for studded tires and chains.

Senate Bill 381 creates a nonresident three-day fishing license.

Senate Bill 383 exempts property used for school or daycare centers owned by worship centers from taxation.

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

Senate Bill 397 relates to the heath care provider tax.

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

Senate Bill 421 authorizes Workforce West Virginia to hire at-will employees.

Senate Bill 429 exempts the Division of Emergency Management from Purchasing Division requirements for certain contracts.

Senate Bill 434 requires law-enforcement training to include standards and procedures for ongoing specialized, intensive, and integrative training during the investigation of sexual assault cases involving adult victims.

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 439 allows admission of evidence in a civil action of the use or nonuse of a safety belt on the issues of negligence, contributory negligence, comparative negligence, and failure to mitigate damages.

Senate Bill 456 makes changes to the Natural Resource Police Officer Retirement System.

Senate Bill 460 makes clarifications to the Deputy Sheriff Retirement System.

Senate Bill 463 combines the role of the Inspector General and the position of Director of Insurance Fraud Unit to one role.

Senate Bill 466 expands the definition of appraisal management companies for the propose of the Real Estate Appraiser Licensing and Certification Act and the Appraisal Management Companies Registration Act.

Senate Bill 467 makes clarifications to the WV Municipal Police Officer and Firefighter Retirement System.

Senate Bill 469 permits personal appearance by video technology.

Senate Bill 475 require that certain fees be deposited in the General Revenue Fund instead of the special revenue accounts to allow appropriation by the Legislature.

Senate Bill 501 relates to the indexing of license and stamp fees.

Senate Bill 517 eliminates the requirement that all new legislative rules have a five year sunset date after the initial dive year sunset date and allows the Secretary of State to conform all active legislative rules with a sunset provision and requires the SOS to file a notice of sunset in the State Register.

Senate Bill 537 relates to kidnapping.

Completed Legislation

Senate Bill 126, a rules bundle, authorizes the Department of Administration to create legislative rules for purchasing.

Senate Bill 216, a rules bundle, authorizes the Department of Commerce to create legislative rules for tourism development districts.

Senate Bill 270 allows the collection of the hotel occupancy tax by marketplace facilitators.

Senate Bill 272 creates the West Virginia Employment Law Worker Classification Act, which clarifies the classifications of independent contractors and employees. It also states who is qualifies for worker compensation and unemployment compensation within the classifications.

Senate Bill 277 creates the COVID-19 Jobs Protection Act, which provides immunity from civil liability for damages for an injury resulting from exposure to COVID-19 on the premises owned or managed by another person.

Senate Bill 280 requires government entities in the state to accept all payments electronically.

Senate Bill 296 repeals certain rules.

Senate Bill 338 creates the Fire Service Equipment and Training Fund.

Senate Bill 345 expands the alcohol test and lock program to include offenders with drug-related offenses.

Senate Bill 358 allows for ATMs to be in areas of the racetrack where video lottery games are played. This completed piece of legislation advances to the Governor.

Senate Bill 372 grants the West Virginia Board of Medicine more discretion to approve graduate clinical training.

Senate Bill 459 allows for contributions paid by a member into a retirement plan to be returned to the member’s heirs after the member’s death under certain circumstances.

House Bill 2001 creates the Jumpstart Savings Act.

House Bill 2262 changes who reports and reviews the controlled substance monitoring database.

Senate Completes COVID-19 Jobs Protection, Worker Classification

The Senate concurred in the House amendments to Senate Bill 277, completing action on the Covid-19 Jobs Protection Act during Thursday’s floor session.

The legislation is intended to provide legal certainty and protection to employers that remained open or reopened during the pandemic. The bill is retroactive to Jan. 1, 2020.

The Senate’s version of the bill provided blanket immunity from any claim filed against “any person, essential business, business, entity, health care facility, health care provider, first responder, or volunteer for loss, damage, physical injury or death arising from COVID-19, COVID-19 care, or impacted care.”

The House amended it to ensure it would not protect businesses deemed to have caused intentional harm. Ultimately, the Senate approved the House’s amended version. This bill now heads to the Governor’s desk to await his signature.

Also on Thursday, the Senate concurred in House amendments and completed action on a Department of Commerce rules bill, as well as a bill relating to the WV Employment Law Worker Classification Act.

Senate Bill 272 adds a new section into state law which aims to clarify the definition of an independent contractor. The legislation also creates new opportunities for businesses to classify workers as independent contractors. The goal is to provide more certainty for both businesses and workers during a time when an increasing number of people work as independent contractors in the “gig” economy.

The Senate is adjourned until tomorrow, March 12, at 11 a.m.

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

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

Legislative Oversight on Education Accountability will meet tomorrow at 8:30 a.m. in 451M.

House Concurs with Senate to Create Jumpstart Savings Program

The House of Delegates met today, concurring with the Senate on House Bill 2001 and passing four bills.

The House concurred with the Senate on House Bill 2001, which creates the Jumpstart Savings Act. The program will help citizens embark on a new trade or establish a new business within the state.

Senate Bill 126 is a rules bundle, which authorizes the Department of Administration to create legislative rules for purchasing.

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 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 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.

The House is adjourned until 11 am tomorrow, March 12, 2021.

Committees

Today’s Meetings

Tomorrow’s Meetings

House Completes Six Pieces of Legislation

The House advanced nine bills today and concurred with the Senate a bill, completing six pieces of legislation and advancing four bills for Senate consideration. The House also adopted House Resolution 8 to honor Officer Cassie Johnson.

Senate Bill 372 grants the West Virginia Board of Medicine more discretion to approve graduate clinical training.

Senate Bill 272 creates the West Virginia Employment Law Worker Classification Act, which clarifies the classifications of independent contractors and employees. It also states who is qualifies for worker compensation and unemployment compensation within the classifications.

Senate Bill 277 creates the COVID-19 Jobs Protection Act, which provides immunity from civil liability for damages for an injury resulting from exposure to COVID-19 on the premises owned or managed by another person.

House Bill 2598 changes the definition of an above ground storage tank, specifically brine storage tanks. Opponents stated concerns of potential chemical leaks into public water systems. Supporters of the bill emphasized the likelihood of dangerous chemicals being in these tanks is very minute and that brine is primarily salt water. The bill advances to the Senate.

House Bill 2674 codifies current practices by updating the required credentials for certified registered nurse anesthetists who cooperates with a physician or dentist. The bill advances to the Senate.

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

Committees

Today’s Meetings

Tomorrow’s Meetings

Senate Passes Bill to Create West Virginia Jumpstart Savings Program

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The state Senate today passed House Bill 2001, which seeks to creating the West Virginia Jumpstart Savings Program. The bill, if signed into law, creates a new program where West Virginians can save and invest money to help cover the costs of pursuing a trade or occupation. The Senate made amendments to the bill which will have to be approved by the House before it completes legislative action.

Three other Senate bills on third reading on the Senate Calendar were also passed and now head to the House for their consideration.

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

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

Senate Finance will meet today at 3 p.m. and tomorrow at 9:30 a.m. in 451 M.

 

Senate Adopts Resolution to Honor Patrolman Cassie Marie Johnson

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Members of the Senate took time to memorialize the life of Cassie Marie Johnson, a Charleston City Police Officer who was killed in the line of duty last year.

Senate Resolution 17, unanimously adopted, celebrated the life and professionalism of Officer Johnson and honored her sacrifice for the community she so loved.

House Judiciary Advances Five Bills

The House Judiciary Committee met this evening and advanced five of the six bills discussed.

House Bill 2888 clarifies when contention is adjudicated, defines forensic scientific evidence, and provides that no additional liabilities are created.

House Bill 2688 allows county political executive committees to create building funds in the same manner as a party headquarters committee. This is already allowed at the state level. The bill extends it to the county level.

House Bill 2972 permits the manufacture of a limited amount of alcoholic liquor for personal use only and not for sale. This bill sets the amount at 100 gallons per calendar year for a household of two or more over the age of 21 or 50 gallons per calendar if only one person over 21 lives in the household.

House Bill 2379 increases the offense of criminal invasion of privacy by visual portrayal from a misdemeanor to a felony with a corresponding increase in the penalty.

House Bill 2776 creates the Air Ambulance Patient Protection Act to provide for protections for those who are patients of air ambulance. Under this bill, anyone who sells subscriptions to, accepts membership applications for, or charges fees for air ambulances must be licensed and regulated by the Offices of the Insurance Commissioner.

House Bill 2988 implements recommendations of the Legislative Auditor by establishing causes for revocation, cancellation, or suspension of a business registration certificate. The bill failed to advance out of committee.

FAFSA Bill Advances from Committee

The House Education Committee met today and advanced three bills.

House Bill 2702 would require all public high school students to complete and submit a FAFSA document before graduation. To not submit a FAFSA, a waiver can be signed by the principal. The bill was amended to state that students who would not legally qualify for federal aid will not be required to complete FAFSA.

House Bill 2345 would require each county school board to employ at least one full-time school nurse.

House Bill 2785 provides for compulsory school attendance. It provides that the parent decides to remove a child from kindergarten. It also requires students must be enrolled in the same grade when transferring from another state.

Senate Passes Bill to License Needle Exchange Programs

The Senate passed a bill on Tuesday that would place certain restrictions on syringe exchange programs throughout the state.

Senate Bill 334 would establish a licensing program for harm reduction programs operating syringe exchanges. The legislation would require majority approval from county commissions to establish a program, as well as a mandatory a one-to-one exchange of needles. The bill also establishes procedures for license revocation should a program not meet these requirements.

The bill was amended on the floor to require the sheriff of a county establishing a syringe exchange program to provide a letter of support, with proponents believing that provision would create more buy-in and participation from law enforcement.

Supporters of the bill said the goal is to keep all of the public health benefits of these programs, such as a reduction in Hepatitis C and HIV cases, while reducing needle litter and any crime element that could become a part of the program.

Opponents believe these restrictions are too stringent and that no reasonable program could comply with these obligations. In effect, they believe the true goal is to end needle exchange programs in West Virginia.

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

The Senate is adjourned until tomorrow, March 10, at 11 a.m.

All meetings are available for streaming on the Legislature Live page.

Energy, Industry and Mining will meet at 2:30 p.m. in 208W.

Health and Human Resources will meet at 2:30 p.m. in 451M.

Education will meet at 3:30 p.m. in 451M.

Government Organization will meet at 3:30 p.m. in 208W.

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

Interstate Cooperation will meet tomorrow at 10 a.m. in 451M.