The House of Delegates convened at 11 a.m. on Friday, Jan 25, in the House Chamber to consider a number of bills for passage.
Six bills were on the agenda for third reading on this day. Among these bills was House Bill 2005, the Broadband Expansion Act. This bill would attempt to expand internet access for rural areas within the state that currently do not have the technical capabilities for internet. This bill, generally, would specify the regulatory authority for the juxtaposition and cooperation of small wireless facilities, in order to better increase access.
House Bill 2005 was postponed until Monday’s House meeting.
House Bill 2009 is an education bill that would create a specialized program underneath the Innovation and Education Grant Program that would recognize state schools that meet or exceed certain benchmarks as “mastery” schools. This would thereby increase a school’s merit. House Bill 2009 passed through the House unanimously, and will be advanced to the Senate for further consideration.
House Bill 2435 is a bill that would allow the State Attorney General to investigate violations of criminal law, such as state embezzlement cases, as recommended by the Committee on Special Investigations.
This bill was drafted to address the specific and limited issue of a county prosecutor not prosecuting a case due to a conflict of interest, and then several other state prosecutors choosing to not pursue the case as well.
Delegate John Shott (R-Mercer), argued that the situations in which this bill would take effect would be rare, considering most of the time the county can solve these situations at the local level.
“This bill would solve for the few, frustrating times that this situation happens, where nobody is willing to prosecute a public official. This ensures a safety net,” Shott said.
Despite the argument for the bill’s rare use if implemented, House Bill 2435 got bipartisan opposition.
Delegate Pat McGeehan (R-Hancock), argued strongly against the bill.
“This bill concerns me because it greatly centralizes power in Charleston,” said McGeehan. “We should be greatly wary when it comes to centralization.”
McGeehan continued, “We’re giving the Office of the Attorney General, a political office, the power to prosecute potentially high profile cases. Politicians have a tendency to not act morally, but to act on account of their public image.”
Delegate Shawn Fluharty (D-Ohio) was also strongly opposed to the bill along with many House Democrats.
“This bill calls for more layers of government than what is required for murder trials,” said Fluharty.
Due to the strong opposition, House Bill 2435 failed on its third reading.
House Bill 2446 is a bill that would establish a Blue Alert Plan which would aid in locating a law-enforcement officer who has disappeared in the line of duty or locating dangerous suspects. This bill also passed unanimously.
House Bill 2509 was another bill that generated controversy in the House on this day.
This bill would clarify that the theft of a controlled substance would be a felony in the state, as the current statute doesn’t specify that individuals stealing a controlled substance could be charged with a felony.
Delegate Mike Pushkin (D-Kanawha) had concerns about who the bill would target. He argued that the bill would go after individuals who are drug addicts and need help, or people who would get a felony for stealing a small amount of a controlled substance.
“We are putting this clause into a code that is meant to go after big fish,” said Pushkin. “If this bill passes, it’ll go after small fish. Prisons are reserved for people we are afraid of, not people we’re mad at.”
House Bill 2509 passed by a close margin.
House Bill 2527 would specify that the prison time for lottery forgery crimes must be one to five years. This bill was also passed by the House.
Bills on first and second reading were all advanced to their appropriate committees.
The House was adjourned until 11am Monday, January 28, 2019.
Committees Meeting Today:
House Judiciary will meet at 1 p.m. today, Jan 25, in 410-M.
Committees Meeting Before Floor Session Monday:
House Judiciary will meet at 9 a.m. on Monday, Jan 28, in 410-M.
