Friday, April 26, 2024
Friday, April 26, 2024

DUI Bill Passes House of Delegates

HouseBill 2183The House of Delegates convened at 11 a.m. on Thursday, Jan. 17 in the House Chamber to consider legislation.

Several bills were introduced in the House and referred to the appropriate committee on this day. Of these bills includes House Bill 2010, which works to reform foster care regulation in the state. This strike and insert legislation would change a lot of the jurisdiction over the state foster care system to be under the Division of Corrections and Rehabilitation rather than the Division of Juvenile Services. This bill was referred to the House Committee on Senior, Children, and Family Issues.

Several bills reached third reading in the House.

House Bill 2028, which would require state engineers to observe the laying of road lines periodically instead of throughout the duration of the project, passed through the House unanimously.

The committee substitute for House Bill 2038 generated a lot of conversation on its third reading. This bill, if passed, would not require the regulation of an occupation if it isn’t regulated in 25 or more states.

Delegate Andrew Robinson (D-Kanawha), stood in opposition against the bill, arguing that the process for licensure is meant to protect the public and any legislation working to reduce oversight could be harmful.

Delegate Gary Howell (R-Mineral), one of the lead sponsors of the bill, argued that the legislation would not directly remove any occupational licensing requirements until they go through additional legislative preclearance.

“There’s no removal of licenses,” Howell said. “It just provides another step for review.”

House Bill 2038 passed through the House after lengthy discussion.

House Bill 2128, which would allow state employees to take paid leave to attend parent-teacher conferences, passed through the House unanimously.

Another House Bill that raised controversy was HouseBill 2183, which would allow for intoxicated individuals to operate a motor vehicle on their personal property without being subject to a DUI.

Delegate John Shott (R-Mercer), an advocate for this legislation, clarified that West Virginia citizens should have the right to do what they want on their personal property, as long as it causes no injury or death. He clarifies that if somebody is operating a motor vehicle on their property and it does cause injury or death, they would then be subject to a DUI charge.

The bill generated lengthy discussion regarding the definition of “private property” and if private roads and large clearings are included under that operational definition. Because of the function of this definition, several delegates were “uncomfortable” with voting through the House Bill.

Despite this, House Bill 2183 passed almost unanimously.

Bills on second reading included a piece of strike and insert legislation regarding animals in motor vehicles, House Bill 2185. This bill would allow agents acting at their official capacity to break into an enclosed motor vehicle to rescue animals that they believe are in danger.

The House Committee on Judiciary proposed to add language to the bill that would further protect the professionals who are permitted to enter these vehicles. This amendment passed.

House Bill 2307, which would create provisional licenses for cosmetologists and barbers throughout the state, also advanced without any proposed amendments.

Bills on first reading were all referred to their appropriate committees.

The House of Delegates will reconvene at 11 a.m. tomorrow, Friday Jan. 18, in the House Chamber.

Committees Meeting Today After 11am:

  • The House Committee on Senior, Children, and Family Issues will meet at 1 p.m. today, Thursday, Jan 17, in 215-E.

  • The House Committee on Health and Human Resources will meet at 2 p.m. today, Thursday, Jan 17, in 215-E.

  • The House Committee on Energy will meet at 2 p.m today, Thursday Jan. 17, in 410M.

  • The House Committee on Prevention and Treatment of Substance Abuse will meet at 3:30 p.m. today, Thursday, Jan. 17, in 215-E.

  • Committees Meeting Tomorrow Before 11am:

  • The House Committee on Education will meet at 9 a.m. tomorrow, Jan. 18, in 434-M.

  • The House Committee on Finance will meet at 9 a.m. tomorrow, Jan. 18, in 460M for a presentation on the West Virginia Supreme Court’s budget.

  • The House Committee on Government Organization will meet at 9 a.m. tomorrow, Jan. 18, in 215-E.

  • The House Committee on the Judiciary will meet at 9 a.m. tomorrow, Jan. 18,  in 410-M.

     

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