House Judiciary and its subcommittees met this morning.
Judiciary
House Bill 5176 would create the animal abuse database within the West Virginia State Police. This database would include the names of individuals who have been convicted of, or who have entered a plea of guilt, or are in violation of animal cruelty codes. These codes include §19-20-24, §61-8-19, §61-8-19a, §61-8-19b, or §61-8-19c.
House Bill 5101 would create the Joanna Phillips Domestic Violence Prevention Act. This act would create and increase penalties for certain acts of domestic violence, in addition to changing bail requirements for domestic violence cases.
House Bill 4568 would prohibit service of process in Family Court and civil actions on county property.
House Bill 4709 would recognize the West Virginia Legislature’s legal standing in court actions in the event of unauthorized changes to election laws and rules.
House Bill 4710 would increase the amount of time a candidate could switch parties before filing to run for office from 60 days to 180 days before an election.
House Bill 5025 would allow the burning of certain farm structures, provided the Department of Environmental Protection approves the burning.
House Bill 5166 would require a notice to be given to any political committee violating the filing requirements before assessing any civil fines. This bill would also give the Secretary of State authority to grant additional time for compliance, but not exceed an additional 14 days.
House Bill 5182 would allow the State Treasurer’s security personnel to carry concealed weapons while performing their official duties, upon approval from the State Treasurer.
House Bill 4638 would include an option to become an organ donor when registering to vote or modifying their voter registration
House Bill 4990 would create the crime of gift card fraud. This bill provides definitions and penalties for the crime.
Senate Bill 4 would require bystanders to stand 30 feet back from first responders engaged in their duties if they are trying to threaten or harass first responders. If bystanders violate this bill, they are guilty of a misdemeanor and, upon conviction thereof, shall be fined at least $50 but no more than $500 or confined in jail for not more than one year. Upon a judge’s discretion, a person could be both fined and confined.
Legal Services
House Bill 5219 would provide residence definitions for voting registration and for Election Day. Under this bill, “a place shall be considered the residence of a person in which that person’s habitation is fixed, and to which, whenever that person is absent, that person has the intention of returning,” with exceptions defined in the bill.
House Bill 5228 would change the definition of electioneering. Under this bill, electioneering is now defined as “visible display or audible dissemination of information that advocates for or against any candidate or ballot question.”
In addition to the change of definition, this bill describes prohibited activities, permitting election officials and county employees to enforce election laws, and permitting said people to seek assistance from law enforcement. Prohibited activities include, but are not limited to, displaying a candidate’s likeness, logo, committee name, a ballot question’s number, or paraphernalia in support of a candidate.
House Bill 5273 would require county and municipal campaign finance activities to be published online within 48 hours of the deadline and require municipal candidates file their campaign finance reports with their respective County Clerk.
House Bill 5066 would prohibit the release of addresses and names of people who make contributions to a political election. If someone were to release said information, misdemeanor penalties are spelled out in the bill.
Courts
House Bill 5197 would make any action brought against the state and its agencies to set aside a sale or deed may be instituted within one year following the date of the sale. This shortened period applies only to claims against state and local governments.
House Bill 5214 would require parents with child abuse and/or child neglect claims against them to be drug tested before their children can be placed back into their care.
House Bill 5105 would prohibit the financial exploitation of people recovering from addiction.
House Bill 5198 would increase the penalty for crimes against people who have a mental disability.
Homeland Security
House Bill 5234 would prevent the absentee voters’ personal information from being displayed on the outside of an absentee ballot envelope sent through the mail. The information that was previously put on the outside of the envelope will now be kept inside the envelope.
In the discussion, legal counsel shared concerns about the bill conflicting with House Bill 4600, which has been advanced to the Senate. House Bill 5234 and House Bill 4600 both amend the same section of code, §3-3-5. Counsel said if these bills both pass as they are, then the last bill passed would take advantage over the first bill. In this instance, if H.B. 5234 were to pass without any changes following H.B. 4600, it would repeal H.B. 4600.
This bill was reported to the Judiciary.
House Bill 5203 would forbid any municipality from issuing any kind of municipal ID for the purposes of voting in a municipal election.
