Page 145 – Wrap Up

House Bill Facilitates Response During State of Emergency

House Committee

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January 28, 2020

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.

House Passes Six Bills

House Floor Session

Juliet Thomas

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January 27, 2020

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The House convened at 11 a.m. Monday to pass six bills, including a bill relating to adoption and a bill that prohibits sex offenders from assuming a supervisory role over children.

House Bill 4129 makes changes in code to adoption proceedings. This bill eliminates a 45-day waiting period before an adoption petition can be filed. If the minor being adopted is removed from a home because of abuse or neglect, then the adoption proceedings may take place in the same county as the original abuse and neglect proceedings.

House Bill 4166 prohibits certain sex offenders from taking a supervisory role over children. This bill also requires extended supervision for certain sex offenders, sentencing, conditions, supervision provisions and the supervision fee. Some examples of a supervisory role are in youth groups, Boy Scouts, Girl Scouts, 4H organizations, sports teams, music, sporting, and theatre groups and camps, and summer day camps.

House Bills 4011, 4146, 4149 and 4411 were also passed.

House Bills 2497, 4089, 4365 and 4480 were advanced to third reading.

Senate Bill 323 and House Bills 2419, 2433, 2877 and 4030 were advanced to second reading.
House Concurrent Resolutions 35-41 and House Joint Resolution 109 were introduced. House Bills 4544-4555 were introduced.

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

Senate Passes 12 Bills

Senate Floor Session

Madison Perdue

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January 27, 2020

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The Senate convened at 11:00 AM today to discuss the passage of twelve bills, all of which advanced to the House for further consideration.

Among these bills was SB 114, which would provide continued eligibility for developmental disability services to people who are dependent on members of the armed forces. This eligibility would be extended to spouses, children, stepchildren, and adopted children.

The Senate also passed SB 289, which creates the Green Alert Plan. This plan is similar to the Amber Alert and Silver Alert plans, focusing specifically on missing military veterans and missing active members of the armed forces having conditions that put them at risk. The purpose of the bill is to reduce the suicide rates and potential harm of veterans and active members with at-risk conditions.

Another bill to advance to the House was SB 303, which creates the Students’ Right to Know Act. The purpose of this bill is to require the Board of Education to provide high school students with specific information regarding costs of colleges and universities and career paths to better prepare them for the workforce.

Six Senate bills entered the amendment stage today and will be up for a vote tomorrow.

The Senate also adopted Resolution 16, recognizing today as the 75th anniversary of the liberation of Auschwitz and International Holocaust Awareness Day.

Senate Resolution 17 was also adopted, recognizing Leadership Berkeley. The Senate held a brief recess to present this resolution and to thank Leadership Berkeley for the efforts made to improve Berkeley County.

The Senate is adjourned until 11:00 AM tomorrow.

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

The Senate Committee on Banking and Insurance will meet at 2:00 PM in room 451M.

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

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

The Senate Committee on Transportation and Infrastructure will meet at 10:00 AM tomorrow in room 451M.

House Bill Ensures Proper Handling of Sexual Assault Cases

House Committee

Juliet Thomas

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January 24, 2020

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House Bill Ensures Proper Handling of Sexual Assault Cases

The House Judiciary Committee convened on Friday to discuss several bills that were focused on criminal justice reform. House Bill 4476 focuses on streamlining the procedures for sexual assault forensic cases.

The bill provides for the timely and efficient collection, submission, testing, retention, and disposition of forensic evidence in sexual assault cases. The bill transfers some duties of the Division of Justice and Community to the Division of Administrative Services. Additionally, the bill requires sexual assault kits collected by health care providers to be directly submitted to the West Virginia State Police Forensic Laboratory. The bill establishes procedures, defines terms, grants rule-making authority, and creates misdemeanor penalties.

Forensic scientist at the state lab, David Miller, gave testimony that shared information about the lab with delegates in the committee.

There is a current backlog of cases in the state that are up to 40 years old. As a part of a grant, forensic students at Marshall University are working on testing cases older than 2015.

The state lab itself only has a backlog of four-five months. Miller estimated that the untested forensic sexual assault kits from 2019 will be finished by May 2020.

Miller stated that this legislation would prevent a huge backlog from happening again.

Delegate John Mandt, R-Cabell, said in support of the bill, “The most important people here are the victims of these crimes. The goal is to be expedient as possible.”

House Bill 4476 was adopted by the committee with no amendments and will be reported to the full House with the recommendation that it do pass.

The Judiciary Committee also adopted House Bills 4470, 4496, 4501 and 4510.

Senate Passes 3 Bills

Senate Floor Session

Madison Perdue

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January 24, 2020

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The Senate convened at 11:00 AM today to vote on the passage of three bills, all of which were approved and advanced to the House.

The first of these bills was SB 144. This bill creates a misdemeanor penalty for making a materially false statement to obstruct a misdemeanor investigation. The bill establishes a penalty and conditions for the misdemeanor.

The second bill to be considered was SB 311, which discusses court-ordered community service. The bill clarifies that state and political subdivisions are granted immunity from liability for persons injured while performing community service ordered by a municipal court or magistrate.

The Senate also passed SB 321, which clarifies conflicts existing in the WV code concerning the collection of taxes. The bill will also limit the liability of the fiduciary charged with the distribution of an estate.

The Senate also adopted Resolution 13, designating January 24, 2020 as Women’s and Girl’s Day, and Resolution 14, designating today as Corrections Day in the legislature. Two brief recesses were held for the presentations of these resolutions.

Senate bills 607-623 were introduced and referred to the appropriate committees.

Twelve bills entered the amendment stage today and will be up for a vote on Monday morning.

The Senate is adjourned until 11:00 AM on Monday.

The Senate Judiciary Committee will meet at 2:00 PM today in room 208W.

Senate Judiciary will meet again at 10:00 AM on Monday in room 208W.

First Bill Completes the Legislative Process for 2020

House Floor Session

Juliet Thomas

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January 24, 2020

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First Bill Completes the Legislative Process for 2020

Senate Bill 94 was passed this morning, making it the first bill to complete the legislative process for the 2020 session.

This bill allows for electronic absentee voting for disabled persons and certain overseas military personnel. This bill provides that a voter with a physical disability may electronically apply to vote absentee and clarifies that a voter with a physical disability can receive assistance to vote in certain circumstances. It also establishes requirements and deadlines for transmission, submission, and acceptance of electronic absentee ballots.

House Bills 4002 and 4393 were also passed today. Both bills define the terms for specific felonies.

House Bill 4002 creates a felony crime of delivering a controlled or counterfeit controlled substance for others that causes death. The bill establishes that a person who knowingly and willfully delivers a substance that causes death is guilty of a felony and shall be confined in a state correctional facility for a sentence between three and 15 years.

The bill also establishes that any person who negligently delivers a controlled substance with reckless disregard that causes death shall be confined in a correctional facility between one and three years.

House Bill 4393 creates a felony crime of asphyxiation and suffocation. This defines terms such as “bodily injury,” “strangle,” “suffocate,” and “asphyxiate.” Under the bill, any person who strangles, suffocates or asphyxiates a person without consent and causes bodily injury is guilty of a felony. Upon conviction, a person guilty of these crimes can be fined up to $2,500 or placed in a correctional facility between one and five years. Supporters of the bill said this legislation is necessary to delineate the difference between strangulation and other assault crimes.

House Bills 4011, 4129, 4146, 4149, 4166 and 4411 were advanced to third reading.

House Bills 2497, 4089, 4365 and 4480 were advanced to second reading.

Five resolutions were introduced today. House Bills 4523- 4542 were introduced today.

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