Friday, May 3, 2024
Friday, May 3, 2024

WV Safer Workplaces Act Approved in Senate Judiciary

The Senate Judiciary Committee has approved five bills and one originating concurrent resolution to be reported to the full Senate with the recommendation that they pass.

HB 2857 would create the West Virginia Safer Workplaces Act to permit employers to test employees and prospective employees for drugs and alcohol.

Senator Mike Romano, D-Harrison, proposed an amendment that would prohibit the direct observation of a sample collection for drug and/or alcohol testing to protect certain employees from being abused under provisions of the bill. The amendment was rejected, as the majority of senators felt the provision was unnecessary.

“This is a silly bill that has gone too far with no protections for employees’ privacy,” said Romano.

Romano said he would save the rest of his amendments for when the bill is brought to the floor, so that they can be heard and debated in public with the full Senate.

Senator Randy Smith, R-Tucker, said he is drug tested as a miner in front of supervisors all the time and believes the bill is “a good bill” that protects workplaces from the dangers associated with employees who might be under the influence of drugs or alcohol.

HB 2916 would authorize supervising entities to authorize ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearms.

The committee made a strike-and-insert amendment to correct technical issues in the bill.

HB 3018 would add the definition of correctional employee to the list of persons against whom an assault is a felony.

The committee made a strike-and-insert amendment to correct technical issues in the bill.

HB 2930 would allow a Powerball winner to be anonymous if they elect to be anonymous.

The bill was vetoed by the governor last year for policy concerns and technical issues.

Danielle Boyd, managing general counsel of the WV Lottery Commission, said the bill “poses several issues” to the commission related to fraud and security, transparency with public monies and other concerns.

Boyd said the commission also takes care of the winners and ensures their protection, and the commission has never had complaints in that regard.

Out of 43 state lotteries, Boyd said only six allow anonymous lottery winners.

Those who supported passage of the bill said they wanted to help protect lottery winners who, despite the Lottery Commission’s protections, are still manipulated or threatened into giving money to friends, family members and even strangers.

Senators who opposed the bill said its passage could harm the reputation of transparency in West Virginia.

The bill will be referred to Senate Finance once reported to the floor.

HB 2850 would limit products liability actions against a seller other than the manufacturer except in limited circumstances and to define terms.

Senator Mike Romano, D-Harrison, proposed an amendment to ensure the seller has some responsibility for possibly harmful situations or designs they “should have” known about. The amendment was rejected.

Romano proposed a second amendment to add language that would give a seller responsibility if a foreign manufacturer does not respond in a lawsuit. The amendment was rejected.

Originating Concurrent Resolution 3 would request the Joint Committee to study the feasibility and benefits of replacing the state’s civil service system. 

The committee is in recess until after the Senate floor session, which begins at 6 p.m. this evening.

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