Page 113 – Wrap Up

Senate Judiciary Adopts “Separation of Powers” Resolution

Senate Committee

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January 29, 2020

Senate Judiciary Adopts “Separation of Powers” Resolution

SJR 7 offers voters the “Preserving the Separation of Powers” amendment. This would be a constitutional amendment that clarifies that courts are not to interfere with the legislative process. This resolution was debated among members of the committee, some expressing concern that the legislature would interfere with checks and balances. The resolution was adopted, and referred to the Senate Finance Committee.

The committee also adopted SB 240, which would require restaurants and commercial food service establishments that use grease traps to ensure that those grease traps are designed to withstand expected loads and be kept out of reach of children.

The committee also adopted SB 308, which specifies criminal penalties to individuals who violate a financial exploitation protective order.

Senate bills 267, 610 and 620 were also adopted and will be reported to the full Senate with recommendation that they do pass.

Senate Completes Action on House Bill, Passes 3 Others

Senate Floor Session

Madison Perdue

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January 29, 2020

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Senate Completes Action on House Bill, Passes 3 Others

The Senate met at 11:00 AM today to discuss the passage of four bills, two of which were from the House.

The first House bill to receive a vote today was HB 2696. This bill would establish a naming convention to record state-owned lands in an index system that provides easy cross-reference to county indexes. This bill was completed and will be sent to governor Justice.

HB 4130 provides that contracts for construction projects created from declared states of emergency may be bid on an open-ended basis, and can use a multiple contract award approach. Contracts for emergency construction aren’t required to specify the location of the work at the time of the contract award, but have to do so before the work begins. The bill also specifies conditions for prohibiting such contract awards and identifies other requirements. Because the bill was amended, the bill will return to the House for further consideration.

SB 209 was passed to the House, which would amend a section of state code allowing for allowing annexation through minor boundary adjustment.

The Senate also passed SB 241, which would require the state Board of Education to create a plan for the funding of school transportation costs separately from the present total state basic foundation program. The bill also requires a plan for better consideration of transportation costs in low-populated counties.

The Senate adopted Resolution 20, designating January 29th as Preston County Day at the legislature. The Senate also adopted Resolution 21, recognizing the achievements and contributions of Monongalia County. Two brief recesses were held for the presentations of these resolutions.

Senate bills 643-656 were introduced and referred to the appropriate committees.

The Senate is adjourned until 11:00 AM tomorrow.

The Senate Committee on Economic Development will meet at 1:00 PM in room 208W.

The Senate Judiciary Committee will meet at 3:00 PM in room 208W.

The Senate Finance Committee will meet at 3:00 PM in room 451M.

House Bill Updates Toll Booths

House Committee

Juliet Thomas

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January 29, 2020

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The House Technology and Infrastructure Committee convened Wednesday to discuss multiple bills, including one that will allow for credit and debit card payments on toll roads.

House Bill 4083 states that by July 1, 2020, the Parkways Authority shall implement procedures that allow tolls on the West Virginia Turnpike to collect tolls through credit and debit card payments. The toll would be slightly increased for debit and credit card users to cover the fees from card companies.

While there were questions about the logistics and timing of the bill, most delegates were in support of the bill.

An offered amendment in the committee by Gary Howell, R-Mineral, states that the Parkways Authority shall produce an annual progress report to the Joint Committee on Government and Finance no later than December 31st until the project is complete. This is to ensure the efficient completion of the project by the Parkways Authority.

House Bill 4083 was adopted by the committee with the amendment and will be referred to the Committee of Government Organization next.

The Technology and Infrastructure Committee also adopted House Bills 4404, 4478 and 4479. These bills will be referred to the appropriate committees before being reported to the full House with the recommendation that it do pass.

House Passes Five Bills, Rejects One

House Floor Session

Juliet Thomas

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January 29, 2020

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The House passed five bills Wednesday and rejected one.

Senate Bill 323, authorizing Department of Administration promulgate legislative rules, was passed and amended by the House. The bill will go back to the Senate where they will either concur or reject the amendment.

House Bills 2419, 2877, 4030 and 4094 were also passed.

House Bill 2877 prohibits public entities from charging a fee, such as a parking meter, for an accessible parking space bearing the international symbol of accessibility.

House Bill 2433, relating to the school calendar, was rejected after much debate. This bill would have adjusted the school calendar to start after September 1 and end before June 7.

House Bills 4026, 4353, 4476, 4496, 4501 and 4510 were advanced to third reading.

House Bills 2338, 4179, 4359, 4381 and 4470 were advanced to second reading.

House Bills 4577-4599 were introduced.

The House is adjourned until 11 a.m. Thursday.

Senate Judiciary Adopts Bill for Pawnbroker Regulation

Senate Committee

Madison Perdue

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January 28, 2020

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Senate Judiciary Adopts Bill for Pawnbroker Regulation

The Senate Judiciary Committee met at 3:00 PM today to discuss SB 511, which relates to the regulation of pawnbrokers. This bill requires pawnbrokers to use certain surveillance equipment and signage. It also prohibits pawnbrokers form doing business with certain persons and buying specific items.

Kanawha County Deputy Sherriff Adam Crawford spoke in favor of the bill and answered questions from the committee. Crawford stated that this bill would assist law enforcement in the retrieval of stolen property and the apprehension of persons selling stolen property.

The committee engaged in debate over the bill, some arguing that this was a necessary precaution to assist law enforcement, while others believed it interfered with the liberties granted to businesses. The committee ultimately adopted the bill to be reported to the full Senate.

House Bill Facilitates Response During State of Emergency

House Committee

Juliet Thomas

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January 28, 2020

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House Bill Facilitates Response During State of Emergency

The House Veteran’s Affairs and Homeland Security Committee convened Tuesday to discuss a bill that would facilitate an efficient and proper response during a declared State of Emergency.

House Bill 4383 comes as a response to the West Virginia floods in 2016. This bill exempts out-of-state employees and businesses from taxes and licensing while they are providing temporary relief during the emergency. In turn, this speeds up the relief process.

The bill will be referred to finance before being reported to the full House.

Senate Passes Animal Cruelty Bill

Senate Floor Session

Madison Perdue

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January 28, 2020

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The Senate passed six bills Tuesday, including one that would make cruelty to animals a felony offense.

The Senate met at 11 a.m. Tuesday, taking up Senate Bill 191. This bill clarified the conditions for aggravated animal cruelty and specifies penalties. It would make aggravated cruelty to animals a felony offense.

The Senate additionally passed Senate Bill 51, which specifies forms of grandparent visitation rights. This bill would clarify the measurements taken to ensure the rights of grandparents, as well as the rights of parents in the supervision of children. These visits include daytime and overnight visits.

The Senate also passed SB 529. The purpose of this bill is to amend two sections of code and establish limitations for claims benefits. The first sets a two-year limitation for a claim to be filed for unjust arrest or imprisonment after the claimant has been dismissed. The bill also amends the Crime Victims Compensation Act, which establishes a 10-year limitation for the receiving of compensation benefits from a claimant.

Senate bills 201, 523, and 532 were also passed and will receive further consideration from the House.

Senate bills 632-641 were introduced and referred to committees.

The Senate is adjourned until 11 a.m. Wednesday.

The Senate Committee on Energy, Industry and Mining will meet at 1:00 PM today in room 208W.

The Senate Committee on Government Organization will meet at 2:00 PM in room 208W.

The Senate Education Committee will meet at 2:00 PM in room 451M.

The Senate Judiciary Committee will meet at 3:00 Pm in room 208W.

The Senate Finance Committee will meet at 3:00 PM in room 451M.

The Senate Workforce Committee will meet at 10:00 AM tomorrow in room 208W.

House Passes 3 Education Bills

House Floor Session

Juliet Thomas

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January 28, 2020

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The House convened at 11 a.m. Tuesday, passing four bills, three of which related to education.

House Bill 4089 extends the grade level in which cursive writing is to be taught in public schools. Before this bill, schools were only required to teach cursive from second to fourth grade. This bill extends that grade level to fifth.

House Bill 4365 grants college credit hours to those who learn English as a second language. State institutions of higher learning may accept English as a second language to satisfy foreign language credits if the student receives a satisfactory score on the English foreign language exam.

House Bill 4480 authorizes legislative rules of the Higher Education Policy Commission, repeals a rule of the Higher Education Policy Commission, and authorizes a legislative rule for the Council for Community and Technical College Education.

Additionally, House Bill 2497, relating to whistleblower laws, was passed.

Senate Bill 323 and House Bills 2419, 2433, 2877 and 4030 were advanced to third reading.

House Bills 4094, 4476, 4026, 4353, 4496, 4501 and 4510 were advanced to second reading.

Three resolutions were introduced. House bills 4556-4576 were introduced.

The House is adjourned until 11 a.m. Wednesday.

House Bills Offer Lifetime Hunting and Fishing Licenses

House Committee

Juliet Thomas

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January 28, 2020

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House Bills Offer Lifetime Hunting and Fishing Licenses

The House Agriculture and Natural Resources Committee convened Monday to discuss several bills, two which dealt with offering lifetime hunting and fishing licenses.

House Bill 4381 extends the time for adopted children to obtain a lifetime hunting, fishing and trapping license. Legally adopted children are eligible for a license until their 12^th birthday and have two years to obtain the license after the adoption. This bill was reported to the full House with the recommendation that it do pass.

House Bill 4456 permits the issuance of an adult lifetime resident hunting, fishing and trapping license for a volunteer firefighter. The license fee will be 50% off. Upon application for this license, the fire chief for the department must sign an affidavit confirming the service of the volunteer firefighter.

Numbers for volunteer firefighters have been declining in past years. Members of the Agriculture and Natural Resources Committee believe that this discounted license could incentivize more people to volunteer for a fire department. This bill will go to finance before being reported to the full House.

The Agriculture and Natural Resources Committee also adopted House Bills 4263, 2149, 4407 and 2663.

Senate Judiciary Advances Bill for Intermediate Court of Appeals

Senate Committee

Madison Perdue

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January 27, 2020

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Senate Judiciary Advances Bill for Intermediate Court of Appeals

The Senate Judiciary Committee met at 3:00 PM today to continue this morning’s discussion on Senate bill 275, which would create an Intermediate Court of Appeals in West Virginia.

The bill was first introduced by council to the committee on Friday, January 24th. Council gave a presentation explaining the bill and answered immediate questions from the committee before a full discussion and debate to take place this morning. At 10:00 AM, the committee began discussion and amendments, and asked more questions to council before laying over the bill for further discussion this afternoon.

The committee engaged in lively debate concerning the bill. Some argued that an Intermediate Court of Appeals was too expensive to prioritize under the budget for this session. A representative from the United States Chamber of Commerce spoke in favor of the bill and answered questions from the committee. The representative explained that the purpose of the bill was to modernize West Virginia’s Court systems and create a more attractive environment for out-of-state businesses.

Some members of the committee argued that small businesses would suffer for the expenses of the bill, as well as the salaries of Supreme Court Justices. Others saw this as an opportunity for businesses to be better represented in the state.

Amendments for this bill were adopted. The Intermediate Court Justices are to be elected rather than appointed by the governor, though the candidates may be appointed.

After much debate, a motion was made to table the bill, but the motion was rejected on a 7-10 vote.

The bill was advanced and referred to the Committee on Finance before being reported to the full Senate.