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House Legislation (2/25/21-03/04/21)

Cheyenne DeBolt
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House Legislation (2/25/21-03/04/21)

As of Friday, March 5, 2021, 914 bills have been introduced to the House. Of those bills, 35have passed and advanced to the Senate.

House Bill 2002 sets the framework to support, encourage and expedite broadband expansion in West Virginia. It codifies the Office of Broadband.

House Bill 2013 creates the Hope Scholarship Program, which provides funds to eligible recipients for personal education accounts to be used for qualifying education expenses, for example, private or homeschooling.

House Bill 2024 expands the use of telemedicine to all medical personnel.

House Bill 2025 provides liquor, wine and beer licensees with some new concepts developed during the State of Emergency utilizing new technology to provide more freedom to operate safely and responsibly. The bill allows for alcohol sales to begin at 6 am and the ability to offer sealed liquor drinks. The bill creates several new licensees including, permits for in-vehicle delivery. outdoor dining and outdoor street dining when authorized by a municipality for beer, wine and liquor, license for a private caterer to provide alcohol at a venue that is not license, private club license, private bar license, tennis club licenses, wedding venue or barn venue license and multi-vendor fair and festival license. The bill reclassifies hard cider as a wine, establishing a hard cider tax rate, and creates a new fund for the Agriculture Department to facilitate fruit production for use in hard cider.

House Bill 2093 allows WV veterans to utilize the services of medical foster homes approved by the US Department of Veteran’s Affairs. It also exempts caregivers from duplicative background examination requirements of the WV CARES program.

House Bill 2265 provide legislative rulemaking to the Board of Pharmacy concerning collaborative pharmacy practice.

House Bill 2267 allows county boards of education to establish an optional bus operator in residence program for school district.

House Bill 2290 creates a state “Employment First” policy that encourages agencies to facilitate employment of disabled person. The bill establishes a task force to initiate these policies.

House Bill 2529 prohibits state higher education institutions from requiring alternative testing submissions from private, nonpublic, or home-schooled students for enrollment.

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

House Bill 2791 requires county boards of education to permit students who are homeschooled or attending private schools to enroll at the county vocational school. The bill states no additional fees may be charged to the student other than those charged to the traditional student.

House Health Moves to Update CNA Credentials

Cheyenne DeBolt
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House Health Moves to Update CNA Credentials

The House Committee on Health and Human Resources met today, and several bills were discussed.

The Committee rejected a motion to report out an originating bill, which would have provided exemptions to private schools for immunizations.

House Bill 2776 creates the Air Ambulance Patient Protection Act. The bill advances to Judiciary. The bill advances to the Judiciary Committee.

House Bill 2674 updates the required credential for a certified nurse anesthetist who cooperates with a physician or dentist. It codifies current practice, which are in place under an executive order. The bill advances to the House.

House Bill 2598 changes the definition of an aboveground storage tank in the Aboveground Storage Act. The change would switch the inspection process from self-inspection and DEP inspections to inspections through the Oil and Gas Office, which is within the DEP.

House Advances Hope Scholarship Bill to Senate

Cheyenne DeBolt
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House Advances Hope Scholarship Bill to Senate

During today’s House Floor Session, the House amended and passed House Bill 2013.

House Bill 2013 creates the Hope Scholarship Program, which provides funds to eligible recipients for personal education accounts to be used for qualifying education expenses, for example, private or homeschooling. The scholarship funds could be used for tuition, textbooks, and other services.

The House also suspended the rules for Senate Bill 459. The bill was read for the first, second, and third times. Then it was voted on and passed.

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.

The House concurred with the Senate’s amendments to Senate Bill 11, which declares work stoppage by public employees to be unlawful.

Seven bills were on second reading. Of those bills, Senate Bill 358 advanced to third with amendments pending, House Bill 2257 was amended, and House Bill 2382 was recommitted to the Judiciary Committee.

Committees

Today

Tomorrow

Senate Completes Action on Bill to Check County Health Departments

Christopher Marshall
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Senate Completes Action on Bill to Check County Health Departments

The Senate concurred with technical changes the House of Delegates made, before completing action Thursday, on a bill that would check the authority of county health departments.

Senate Bill 12 would give county commissioners and city government officials overriding power with regard to rules or amendments to rules created by local boards of health, except in instances of health emergencies. In those instances, county and city governments would have 30 days to approve or reject emergency rules once issued.

Opponents of the bill point out that county commissions and city governments already have authority by virtue of appointing members to the boards of public health, with local officials also sitting on those boards. Supporters of the legislation believe that despite those checks, the public doesn’t have enough say in decisions, and as a remedy, wish to give ultimate authority to elected officials.

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

Also on Thursday, the Senate adopted Senate Resolution 11, which designates Sexual Assault Awareness Day in West Virginia.

The Senate has adjourned until tomorrow, March 5, at 11 a.m.

This afternoon’s committees are listed below. As always, live streaming is available on the Legislature Live page.

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. today and 9 a.m. tomorrow in 208W.

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

Judiciary Advances Intermediate Appellate Court Bill to House Floor

Cheyenne DeBolt
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Judiciary Advances Intermediate Appellate Court Bill to House Floor

The House Judiciary Committee met today after a public hearing on Senate Bill 275.

Senate Bill 275 would create an Intermediate Appellate Court. It eliminates the Office of Judges and transfers the powers and duties of this office to the Intermediate Appellate Court. The court would only have appellate jurisdiction. Cases that would fall into this appellate jurisdiction include civil cases, family court, administrative appeals and workers compensation. The bill states the new court shall be created by July 1, 2022.

The House Committee Substitute for the bill was adopted. It does not have multi-district court. There would be one district and three judges would be appointed by the Governor to serve on staggering terms, initially.  After the initial appointment, the judges would be elected in staggering primary elections and would serve 10-year terms. To be eligible to be a judge for the Intermediate Appellate Court, one would have to be in good standing with the WV Bar Association, have 10 years of practice experience, and have lived in West Virginia for five years.

The Committee Substitute advances to the floor.

Several Bills Advance from House Technology and Infrastructure Committee

Cheyenne DeBolt
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Several Bills Advance from House Technology and Infrastructure Committee

The House Committee on Technology and Infrastructure met today and discussed several bills.

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. The bill was laid over.

House Bill 2632 authorizes the Division of Highways commissioner to realign spending as needed within the State Road Fund to allow the division to operate more efficiently. The bill also removes outdated terms. The bill advances to the Finance Committee.

House Bill 2668 removes the requirement that the Division of Highways Commissioner set standards and regulated studded tires, as it is regulated at the national level. The bill advances to the Committee on Government Organization.

House Bill 2719 allows the DMV to use electronic means to provide notice to licensees and vehicle owners. The bill advances to the Committee on Government Organization.

House Bill 2721 allows the Department of Education to share information relating to school attendance electronically to the DMV to prevent the student from having to acquire a paper form from the student attendance director to present to the DMV for driver licensing purposes. The bill advances to the Committee on Government Organization.

House Bill 2742 allows for the authorization of an online driver’s license or ID renewal when the applicant needs to update the address. The bill advances to the Committee on Government Organization.

House Bill 2763 provides for the reporting of cyber incidents, which must be reported annually to the Joint Committee of the Legislature. The bill, as amended, advances to the Committee on Government Organization.

House Bill 2786 changes the name and function of the Chief Technology Officer within the WV Office of Technology to the Chief Information Officer. The bill advances to the Committee on Government Organization.

House Bill 2150 requires activation of school zone flashing whenever students are present at school for activities outside of regular school hours of operation. The bill was postponed indefinitely.

House Expands Alcohol Licensing

Cheyenne DeBolt
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0
House Expands Alcohol Licensing

Today, the House met and passed five bills, including House Bill 2025, House Bill 2002 and House Bill 2791.

House Bill 2025 provides liquor, wine and beer licensees with some new concepts developed during the State of Emergency utilizing new technology to provide more freedom to operate safely and responsibly. The bill allows for alcohol sales to begin at 6 am and the ability to offer sealed liquor drinks. The bill creates several new licensees including, permits for in-vehicle delivery. outdoor dining and outdoor street dining when authorized by a municipality for beer, wine and liquor, license for a private caterer to provide alcohol at a venue that is not license, private club license, private bar license, tennis club licenses, wedding venue or barn venue license and multi-vendor fair and festival license. The bill reclassifies hard cider as a wine, establishing a hard cider tax rate, and creates a new fund for the Agriculture Department to facilitate fruit production for use in hard cider.

House Bill 2002 sets the framework to support, encourage and expedite broadband expansion in West Virginia. It codifies the Office of Broadband, which was created last year by the Governor. The Office will establish a mapping of the broadband throughout the state. The bill also allows political subdivisions to expand broadband. The bill also requires companies receiving federal or state funding for broadband expansion to report to the legislature.

House Bill 2791 requires county boards of education to permit students who are homeschooled or attending private schools to enroll at the county vocational school. The bill states no additional fees may be charged to the student other than those charged to the traditional student.

House Bill 2013 was on second reading and advanced with the right to amend on third reading.

Committees

Today

Tomorrow

Senate Passes Three Bills

Christopher Marshall
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Senate Passes Three Bills

The Senate passed three bills during Wednesday’s floor session.

Senate bill 387 would extend the sunset provision of the pilot program that drug screens applicants for cash assistance until December 31, 2022. It would also give The Secretary of DHHR discretion as to how long it lasts after that date.

Senate bill 102 would give disabled veterans who earned the Purple Heart free parking at any metered spaces within a municipality in West Virginia.

Senate bill 356 would allow the written part of the driver’s license examination to be given in school driver education courses.

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

The Senate is adjourned until tomorrow, March 4, at 11 a.m.

The afternoon’s committee schedule is below. For streaming, visit our Legislature Live page.

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. today and at 9:30 a.m. tomorrow in 451M.

 

House Bill 2746 Advances from Education Committee

Cheyenne DeBolt
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House Bill 2746 Advances from Education Committee

Today, the House Education Committee met and discussed two bills.

A committee originating bill would change the percentage of funding for vocational schools authorized by the School Building Authority.

House Bill 2746 creates the behavioral health workforce education initiative of the Higher Education Policy Commission. The bill requires a study of the behavioral health workforce by analyzing the geographic and demographic availability of WV behavioral health professionals. This bill advances to the House.

House Advances Amended Senate Bill 11

Cheyenne DeBolt
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0
House Advances Amended Senate Bill 11

Today, the House passed Senate Bill 11 and House Joint Resolution 2.

Senate Bill 11 declares the work stoppage or strike by public employees to be unlawful.

House Joint Resolution 2 clarifies that there is no judicial review of impeachment proceedings in the House of Delegates or the Senate.

The House also agreed with the Senate on House Bill 2262, completing the legislation, and advancing it to the Governor.

Senate Bill 358 was advanced and will be on first reading tomorrow. Senate Bill 358 would allow ATMs to be in areas where racetrack video lottery machines are located.

Five bills were on second reading with House Bill 2002, House Bill 2024, and House Bill 2025 amended.

Committees

Today

Tomorrow

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