Sunday, April 28, 2024
Sunday, April 28, 2024

Product Liability Bill Passes in House

Today, the House of Delegates convened and passed 12 bills, of those:

HB 2799 would remove the fourth requirement minors must fulfill to receive a work permit. The requirement is that the minor appear before the superintendent of school, which removes them from school for it takes to appear.

Delegate Richard Iaquinta II (D-Harrison) opposed the bill because students could get work permits easier. He said work is the number one reason students in West Virginia drop out of school. Fifty-five percent of them drop out because of family financial issues.

Delegate Geoff Foster (R-Putnam) said that it’s a simple bill that removes one requirement from the work permit process and that it would help students.

The bill passed 87-12 and will now be sent to the Senate for more consideration.

HB 2850 would limit product liability to the manufacture. This would keep business from being held responsible in product malfunction, as long as the seller didn’t do anything to alter the state of the product. The bill does set guidelines and exemptions. The bill passed 65-34 and will now be sent to the Senate for further consideration.

HB 2966 would create the West Virginia Sentencing Commission, which reduce disparity between sentence and crime. It would also do a study of national and local programs for drug rehabilitation. It would act as a standing Sub-Committee and make recommendations to the Legislature.

The bill passed the House 97-2 and will now be sent to the Senate.  

Action on HB 3108 was delayed one day.

Five bills were moved to the foot of 2nd reading and they include HB 2561, HB 2711, HB 2816, HB 2817, and HB 2933. SB 419 was moved from the Special Calendar to House Calendar.

Committee Meetings Today

Judiciary: 5 min. after session

Roads and Transportation: 5 min. after session

Rules: 3:45 p.m. behind House Chamber

Agriculture and Natural Resources: 8:30 a.m. tomorrow

The House is recessed until 4 p.m. today. 

Update:

The House revconvened at 6:45 p.m.

HB 3107 was advance to third with amendments pending. If a delegate has an amendment for the bill, they will re-work the amend for SB 437, which was advanced and read for the first time tonight. The bills are similar and relate to horse and dog racing lottery.

HB 3109 was advance to third with amendments pending. This bill would transfer the regulatory authority of the Board of Registered Professional Nurses, the Board of Licensed Practical Nurses, the Medical Imaging and Radiation Therapy Technology Board of Examiners, and the Nursing Home Administrators Licensing Board, to the Board of Nursing and Health Services.

HB 2561 would provide flexibility for school systems in the use of school aid funds. The would authorize counties to use up to $200,000 of the funds restricted for bus purchasing.

Delegate Rick Moye (D-Raleigh) move to amend the bill to diverted$200,000 from purchasing of school buses to be used as needed, as long as buses passed inspection. Diversion could only be used one every three years.

Delegate Paul Espinosa (R-Jefferson) opposed the amendment because the bill is to allow for more flexibility in the school boards. He said, “emergencies do not happen on a planned schedule.”

“If anyone wants to say we underfund our counties, especially our low density counties, I would agree with you. This amendment gives the school boards a little extra. Each and every year our buses are evolving, just like a car. I don’t think it’ll be long before there will be sensors that will alert the bus driver that a student is in a danger zone.

This gives them flexibility, just not unlimited flexibility. I spoke with two superintendents, and one said ‘Rick, you’re right. It doesn’t need to be unlimited flexibility.’” The amendment was rejected 34-60.

HB 2711 would abolish Regional Education Service Agencies (RESA) and funding by July 1, 2017. The bill would also eliminate the office of Education Performance Audits and establish the County Superintendents’ Advisory Council. The bill would also provide authority for county school systems to share services. The bill would require flexibility to meet the one hundred eighty instructional days in the school calendar. It would provide teachers with uninterrupted time for planning periods each week.

Delegates Isaac Sponaugle (D-Pendleton) and Larry Rowe (D-Kanawha) moved to amend the bill by placing in it the Governor’s pay raise for teachers.

Delegate Eric Nelson (R-Kanawha) stood against it, saying there is no funding source for the pay raise, which it why finance rejected it.

Sponaugle said there will 3.5 million from RESAs being cut. He said, “many of us on this side want to support our educators” The amendment was rejected

Espinosa amended the bill so that schools can use alternative methods of instruction for up to five days when schools are closed due to weather or other unforeseen circumstances. The amendment was adopted.

HB 2816 would eliminate the new film tax credits but preserving credit for taxpayers authorized to claim credit and eliminate exemption from consumer’s sales and service tac for certain purchases of material acquired for use in state highway projects and increase the rate of barrel tax on beer.

Butler moved to amend the bill by increasing the tax from 6 to 6.5.

Nelson opposed to this amend, because this would be the highest sales tax surrounding our state.

Butler said there are very few offers for cuts, and we’ve got to do something. I think this is showing some respect for the governor’s work put into the budget.

The amendment was rejected 0-97.

Delegate Jim Butler (R-Mason) also moved to amend the bill by applying the Governor’s B&O tax.

Nelson said, “I guess a yes vote would solve our budget problem. But I urge rejection of the amendment because it would hurt the business owners in the state.”

Dlegate Mike Folk (R-Berkeley) said he rejects the amendment for another reason. There is another budget that is set for 85 million less than last year’s. There are other ways to solve budget problems other than taxes.

Butler said, we should consideration for governor’s proposal or suggest ways for state to live within means.

The amendment was rejected 0-97.

HB 2933 was advanced to 3rd with amendments pending. Delegates Nelson and Brent Boggs (D-Braxton) have the right jointly amend the bill.

Committee Meetings Tonight

Judiciary: resume at 7:55 p.m. and again 12:01 a.m., if agenda isn’t completed and 8:45 a.m. in 410M

Gov. Org.: reconvene after floor session in 215E

Committee Meetings Tomorrow

Ag. and Nat. Resources: 8:30 a.m. in 215E

Rules: 8:45 a.m. tomorrow behind the House Chamber

 

Delegate Geoff Foster (R-Putnam) wanted to speak to the House. He said, “We hosted the VP this weekend. He came to address the small businesses in the state. It was an honor for us and many of your constituents.”

The House is adjourned until 9 a.m. tomorrow. 

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