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Bills Passed by the Senate

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As of 4 p.m. Friday, February 16, 2018, the 38th day of the regular session of the 83rd legislature 583 bills have been introduced to the Senate. Of those bills, 114 have passed and have been sent on to the House for further consideration.

Senate Bill 36 would allow the State Police to outsource the DNA testing for criminal identification, sexual assault kits, case work and human remains to Marshall University Forensic Science Center.

Senate Bill 57 would require attorney source payment to be disclosed in certain hearings.

Senate Bill 272 would make changes to existing law regarding reporting of drug overdoses, creates an overdose response pilot project, and requires initial responders to carry an opioid antagonist.

Senate Bill 273 would create the Opioid Reduction Act. It will require physicians to counsel patients before they are prescribed opioids by explaining the risks and telling the patients that they are also allowed to request to not be prescribed opioids.

Senate Bill 288 would regulate cremation, embalming and directing of funeral service.

Senate Bill 290 would relate to Department of Environmental Protection standards of water quality and effluent limitations.

Senate Bill 321 would require the Public Land Corporation to remit the proceeds of public land sales and rents, royalties, and other payments from mineral leases, less any costs or fees incurred by the corporation, to the agency, institution, division, or department that was allocated or using the public land.

Senate Bill 341 would create the W. Va. Intermediate Court of Appeals. The Court would be made of two districts divided by county lines with three judges per district. The Court would have final say over cases regarding family court cases, circuit court civil cases, administrative agencies, and worker’s compensation on cases entered after June 30, 2019. The Judges in the court would be appointed by the Governor and approved by the Senate.

Senate Bill 347 would clarify and elaborate on existing requirements regarding motorboat numbering, lighting, fire extinguishers, engine bilges and flotation devices.

Senate Bill 348 would allow for the disposal of Natural Resources police officer and special Natural Resources Police officer service weapons when the weapons are replaced due to routine wear; and to change the designation of service weapon from revolver to weapon.

Senate Bill 355 would dissolve the Information Services and Communications Division and transfer its functions to the Office of Technology.

Senate Bill 358 would add a $25 fee in the Magistrate Court for Clerk’s office criminal bond processing.

Senate Bill 365 would continue the Young Entrepreneur Reinvestment Act, which waives the required payment of certain fees related to starting certain types of businesses when those businesses are started by an individual under the age of 30. The Act was originally given a sunset date of two years but would be continued under S.B. 365.

Senate Bill 368 would end the annual renewal of consumer credit, debit or other third-party payment accounts without the consumer’s express consent.

Senate Bill 370 would exempt unpaid volunteers at ski areas from workers compensation benefits.

Senate Bill 375 would replace the farmers market permit with the farmers market vendor permit, which costs $35 and is valid statewide for selling farm and food products and cottage foods. The permits would be registered with the Department of Agriculture which will be given authority to establish regulations permitting the sampling of certain farm and food products at farmers markets by vendors. The bill clarifies that local health departments retain authority to inspect and suspend food establishment permits, but not farmers markets as they fall under the Department of Agriculture.

Senate Bill 392 would reconfigure the Emergency Medical Services Advisory Board. The Board would now be made of one person representing emergency medical services training officers or representatives and two people representing emergency medical services supervisors or administrators.

Senate Bill 397 would criminalize misrepresenting oneself as disabled or misrepresenting that a non-service animal is, in fact, a service animal.

Senate Bill 407 would update definitions in chapter 49 of the Code and update the Code to match new requirements from the federal Child Care and Development Block Grant.

Senate Bill 408 would update the requirements for nursing homes and assisted living residences.

Senate Bill 411 would eliminate the position of the Commissioner of the Bureau for Public Health from the State Board of Sanitarians.

Senate Bill 427 would require the Secretary of State to provide a written notice – by certified mail – only to tax payers whose delinquency is over $1,000.

Senate Bill 433 would rewrite code sections regarding pyramid promotional schemes. The bill would add language redefining the terms “promote” and “pyramid promotional scheme” and adds more definitions to the section. The bill prohibits the establishment, promotion or operation of any pyramid promotional schemes as defined in the bill and sets forth requirements for recruiting literature, sales manuals and contracts. It also specifies inventory to which a bona fide inventory repurchase program is not required to apply.

Senate Bill 440 would create a new fund administered by the W. Va. Library Commission, the “Library Facilities Fund”. The Fund can be used “to support public library facilities construction, renovation, maintenance, and improvement projects” and to support energy savings and critical maintenance projects.

Senate Bill 441 would continue the tax rate for the health care provider tax on certain acute care hospitals, and require that any funds remaining in the Directed Payment Program after June 30, 2018 and all subsequent June 30, be transferred to the Medical Services Fund.

Senate Bill 446 would create the Agritourism Responsibility Act. It would authorize the Commissioner of Agriculture to devise means of advancing agritourism. The Act would require businesses to advise participants in advance of the inherent risk of activities, but the employees and volunteers of the business are not liable for injury or death of participants from the inherent risks. Businesses would also be allowed to use certain facilities for events without complying with building codes provided the facilities are deemed structurally sound and otherwise safe for the intended use.

Senate Bill 458 would prohibit political subdivisions from enacting regulations or legal requirements relating to employer-employee relationship.

Senate Bill 461 would extend the time to file petition for motor fuel excise tax refund.

Senate Bill 464 would change the date the State pays the annual increment to certain employees to “on or before July 31” of each year.

Senate Bill 468 would require the State Auditors annual report to be furnished to the Governor, Speaker of the House, and Senate President no later than February 1.

Senate Bill 469 would make the Addiction Treatment Pilot Program a permanent program.

Senate Bill 473 would require insurance providers to cover the cost of the prescription drug Varenicline, also known as Chantax.

Senate Bill 495 would designate specific insurance coverages exempt from rate filing requirements.

Senate Bill 498 would create a two-year pilot program allowing all-terrain or recreational vehicles in Cabwaylingo State Forest.

Senate Bill 524 would make technical corrections to §3-1-5.

Senate Bill 525 would transfer EMT licensure from its current place in Code to Miner’s Health, Safety and Training.

Co-Tenency Modernization and Majority Protection Act Passes House

Amendment Passes to Help Fund PEIA

A bill that has attempted to make its way through the Legislature previously might see some movement this session.

A public hearing on House Bill 4268 was held in the House Judiciary Committee this week. The bill, dealing with co-tenancy of land, has been introduced in some form for several years. HB 4286 was discussed at length in the House on Wednesday, during second reading or better known as the amendment stage. Several amendments were offered, with four being adopted on the floor.

“This bill would force us all to sell our property, not at a price we want, but one chosen,” said Delegate Barbara Fleischauer, D-Monongalia. “My property, under this bill, could be sold – gone, disappeared.”

Four amendments to the bill were adopted.

Delegate Phil Isner, D-Randolph, offered an amendment to use money from re-claiming abandoned wells to create a funding source for PEIA. He said it would not harm the bill, however, Delegate John Shott, R-Mercer, said he opposed the amendment.

“Part of the goal of dealing with PEIA is to find a predictable source, there’s no way to predict what’s going to come out of this,” Shott said. “We have thousands of abandoned wells in this state, we have a fund in existence to address that.” Isner’s amendment was adopted.

An amendment offered by Delegate Mike Folk, R-Berkeley, was adopted. Folk said the amendment was intended to handle family disputes, requiring a certain number of people be involved before a percentage of ownership kicks in. The amendment was adopted.

The bill has promise over in the Senate, as Democrat Sen. Glenn Jefferies, D-Putnam, said he would back the co-tenancy legislation.

On Thursday, the bill was up for passage, and Judiciary Chairman Shott said the bill’s purpose deals with co-owners of a single track.

“Nobody has any higher rights than anybody else, all co-owners have equal rights to the property,” he said. “This bill creates a method to resolve the deadlock with a small minority wishes to refrain from participating and deny the majority of 75 percent or more from utilizing their asset and getting a benefit out of it.”

The bill was passed in the House 60-40. The Senate received the House message on the legislation Friday, referring it to two committees before it will be considered before the full Senate.

House Passes Five Bills

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The House convened today during the fourty-first day of session.

H. B. 2464 – relating to disclaimers and exclusions of warranties in consumer transactions for goods – passed the House 96-0.

H. B. 4376 – expiring funds to the balance of the Department of Health and Human Resources – passed the House 80-17.

H. B. 4389 – expiring funds to the Enterprise Resource Planning System Fund – passed the House 94-3.

H. B. 4400 – relating to the West Virginia Physicians Mutual Insurance Company – passed the House 97-0.

H. B. 4473 – relating to use of state funds for advertising to promote a public official or government office – passed 96-0 in the House.

These bills will now be communicated to the Senate for consideration.

Bills on second reading:

Bills on first reading:

Committee on Finance will meet today at 2:30 p.m. in 460M.

Committee on Judiciary will meet today at 2:30 and tomorrow at 9 a.m.  in 410M.

Committee on Fire Departments and Emergency Medical Services will meet today at 5:30 p.m. in 215E.

House Rules will meet tomorrow at 10:45 a.m.

The House is adjourned untill 11 a.m. tomorrow.

Senate Passes S.B. 398, Amends S.B. 415 to Help Fund PEIA

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The Senate convened today at 11 a.m. 

S. B. 398 adjusts the limits on consumer loans. Now, loans of $3,500 or less can be charged an interest maximum of 31 percent, loans between $3,500-$15,000 can be charged interest up to 27 percent, and loans more that $15,000 can be charged an interest of up to 18 percent. It was passed 23-11 and sent to the House for further consideration.

S. B. 47, S. B. 87S. B. 339 and S. B. 444 were all passed unanimously.

Bills on Second Reading:

S. B. 415 was amended on the floor. Now, the excess funds in the State Lottery Fund will be depositied into the Public Employees Insurance Agency Financial Stability Fund. The amendment was adopted unanimously.

Bills on First Reading:

The Senate adopted S.R. 45, congratulating Glen Chestnut as WV Outstanding Tree Farmer of 2018.

The Senate is adjourned until tomorrow at 11 a.m.

Committees meeting today:

Natural Resources at 1:20 p.m. 208W

Banking and Insurance at 2 p.m. 451M

Judiciary at 3 p.m. 208W

Finance at 3:30 p.m. 451M

Committees meeting tomorrow:

Transportation and Infrastructure at 10 a.m. 451M

House Completes Legislative Action on Six Appropriation Bills, Passes PEIA Freeze Fix

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On Friday, the House met at 11 a.m. and continued to work on the bills on the House Special Calendar.  Members completed legislative action on a variety of Senate rules bundles and appropriation bills, moving one time monies from one account to another. These included:

 

SB 163 – Authorizing DEP promulgate legislative rules;

 

SB 379 – Supplemental appropriation from State Excess Lottery Revenue Fund to DHHR;

 

SB 382 – Supplemental appropriation of Lottery Net Profits to Bureau of Senior Services, Lottery Senior Citizens Fund;

 

SB 384 – Decreasing and increasing appropriations from State Fund, General Revenue to DHHR;

 

SB 386 – Decreasing and increasing appropriations from Treasury to Higher Education Policy Commission; and,

 

SB 388 – Decreasing, increasing and adding appropriations out of Treasury to DHHR and Department of Administration.

The House also suspended rules, and read three times a bill to expire funds to the balance of the Department of Administration, Public Employees Insurance Agency. House Bill 4620 would transfer $29 million from the state’s Rainy Day Fund to the Public Employees Insurance Agency (PEIA) to ensure there are no changes to PEIA. The state’s Rainy Day Fund currently has a balance of more than $714 million.

The House is adjourned until Monday, February 19th, at 11 a.m.

House Judiciary will meet at 9 a.m. Monday.

House Finance will meet at 9 a.m. Monday.

 

Senate Passes Opioid Reduction Act

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The Senate convened today at 11 a.m.

The body passed S. B. 273 and  S. B. 358 unanimously with one member absent.

S. B. 273 would create the Opiod Reduction Act. It will require physicians to counsel patients before they are perscribed opioids by explaining the risks and telling the patients that they are also allowed to request to not be perscribed opioids.

S. B. 358 adds a $25 fee in the Magistrate Court Clerk’s office for criminal bond processing.

S. B. 339 and S. B. 398 were laid over for one day.

The Senate is in recess until 6 p.m. tonight.

Committees meeting today:

Judiciary at 2 p.m. 208W

Finance at 3 p.m. 451M

 

Update 7:26 p.m.

 

The Senate reconvened at 6 p.m.

S. B. 495 was passed 30-2 with 2 members absent.

S. B. 498 was passed 29-3.

H. B. 3004 was passed 19-13. It has been sent to the House to concur.

H. B. 4242 was passed unanimously. It is now awaiting the Governor’s signature.

Bills on Second Reading:

Bills on First Reading:

The Senate is adjourned until Monday at 11 a.m.

Committees meeting Monday:

Sub committee on S.B. 558 at 9:30 a.m. 208W

Government Organization at 9 a.m. 208W.

Senate Takes First Step Towards Big Changes in the Judicial Branch

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S. B. 341 was passed 23-11. This bill created the W. Va. Intermediate Court of Appeals. The Court will be made of two districts divided by county lines with three judges per district. The Court will have final say over cases regarding family court cases, circuit court civil cases, administrative agencies, and worker’s compensation on cases entered after June 30, 2019. The Judges in the court will be appointed by the Governor and approved by the Senate.

S. J. R. 3 was adopted unanimously with three members not voting. The resolution is a constitutional amendment that gives the Legislature the power of budgetary control over the Judiciary in the Budget Bill. Provided the resolution is adopted by the House with a two-thirds majority, it will appear on the W. Va. 2018 General Election Ballot.

S. B. 370 was passed 32-2.

S. B. 458 was passed 22-12.

S. B. 36, S. B. 347, S. B. 348, S. B. 355, S. B. 461, S. B. 524, S. B. 525, and H. B. 4162 were all passed unanimously.

Bills on Second Reading:

Bills on First Reading:

The Senate adopted S.R. 43, designating February 15, 2018, as WV Alzheimer’s Association Day.

The Senate is adjourned until tomorrow at 11 a.m.

Committees meeting today:

Energy, Industry and Mining 7:45 p.m. 208W

Committees meeting tomorrow:

Government Organization sub committee on Fire Departments and EMS at 8:30 a.m. 451M

Workforce at 9 a.m. 208W

Government Organization at 9:30 a.m. 451M

House Passes Co-Tenancy Bill, 10 Others.

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Today during a early session, the House of Delegates, members debated and passed House Bill 4268. The bill, the Co-tenancy Modernization and Majority Protection Act, was passed 60-40 and now heads to the Senate for their consideration.

One bill, SB 154, was passed by the House and has now completed legislative action. It heads to the Governor for approval. The bill is a rules bill which authorizes the Department of Administration to promulgate legislative rules. 

Other bills passed included: 

SB 184 – Authorizing DOT promulgate legislative rules.

HB  2694 – Relating to the development and implementation of a program to facilitate commercial sponsorship of rest areas.

HB 2890 – Establishing a Library Facilities Improvement Fund that will serve to support library facilities construction, maintenance and improvement projects. 

HB 3104 – Transfer of the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund.

HB 4015 – Relating to the management and continuous inventory of vehicles owned, leased, operated, or acquired by the state and its agencies.

HB 4270 – Providing for the timely payment of moneys owed from oil and natural gas production –

HB 4361 –  Bestowing the West Augusta Award upon each West Virginian graduating from U. S. Military Academies with the highest-grade point average.

HB 4433 – Declaring certain claims against an agency of the state to be moral obligations of the state 

HB 4434 – Clarifying provisions relating to candidates unaffiliated with a political party as it relates to certificates of announcement.

The House is in recess until 3:45 p.m.

Following the recess, the House advanced the remaining items on 2nd and 1st Reading on the Special Calendar.

The House is adjourned until tomorrow at 11 a.m.

House Education will meet at 9 a.m. in 434M.

House Finance will meet at 9 a.m. in 460M.

House Govenment Organization will meet at 9 a.m. in 215E.

House Judiciary will meet at 9 a.m. in 419M.

 

 

House Amends, Moves to Passage Stage Co-tenancy Bill

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The House of Delegates convened on Valentine’s Day for a regular session.

Members talked at length about House Bill 4268. The bill was amended on second reading, with four amendments adopted as the bill moves to be considered for passage Thursday.

The House passed seven bills:

HB2995 – Permitting certain animal euthanasia technicians who have been certified by other states be certified animal euthanasia technicians in West Virginia

HB4024 – Relating generally to direct cremation or direct burial expenses for indigent persons

HB4027 – Creating an education permit for allopathic physician resident

HB4180 – Relating to wildlife resources

HB4197 – Requiring persons employed to dispatch emergency calls complete a course in cardiovascular care for telephonic resuscitation

HB4279 – Relating to adult protective services system

HB4306 – Permitting local boards of health to combine without approval from the Commissioner of the Bureau for Public Health

Committees meeting today:

Veteran Affairs will meet at 2:30pm in 434M

Finance will meet at 3pm in 460M

Judiciary will meet at 3pm in 410M

Education will meet at 3:30pm in 434M

Committees meeting tomorrow:

Economic Development will meet tomorrow at 9am in 434M

Banking and Insurance will meet tomorrow at 10am in 215E

The House is adjourned until 11am tomorrow.

 

Senate Passes H.B. 2546

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The Senate convened today at 11 a.m.

The body passed 10 bills today.

H. B. 2546 would allow an employer to charge a former employee a replacement fee for any property or supplies the employee was loaned or used while in the office if it is not returned when the employee leaves. The bill passed 26-8.

S. B. 473 would require insurance providers to cover the cost of the perscription drug Varenicline, also known as Chantax. The bill passes 33-1.

S. B. 288, S. B. 321, S. B. 397, S. B. 407, S. B. 408, S. B. 411, S. B. 469, and H. B. 2831 were all passed unanimously.  

 S. B. 36 was laid over for one day.

Bills on Second Reading:

Bills on First Reading:

The Senate adopted three resolutions today; S.R. 40, designating February 14, 2018, as Tiny Hearts Day, S.R. 41, designating February 14, 2018, as Arts Day, and S.R. 42, recognizing the contribution of car dealers to economy of West Virginia.

The Senate is adjourned until tomorrow at 11 a.m.

Committees meeting today:

Pensions at 2:15 p.m. 451M

Agriculture and Rural Development at 2:15 p.m. 208W

Finance at 3 p.m. 451M

Judiciary at 3 p.m. 208W

Committees meeting tomorrow:

Finance at 9:30 a.m. 451M