Page 240 – Wrap Up

Senate Passes House Bill to Strengthen Human Trafficking Charges

Senate Floor Session

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March 7, 2017

The Senate has passed seven bills today that will be sent to the House for further consideration.

SB 236 would establish limits applicable to the award of damages for medical monitoring.

SB 239 would protect an employee’s wages or salaries from being withheld or diverted for political activities without the express, written authorization of the employee.

SB 392 would add a definition for “vested” to Municipal Police and Fire Retirement System and clarify duty/nonduty disability.

SB 442 would modify the definitions of “assault” and “battery”, and “domestic assault” and “domestic battery” to conform with federal laws relating to firearms possession criminal offenses.

SB 456 would correct a technical error in an original clause related to standards for termination of parental rights in child abuse and neglect cases.

HB 2318 would strengthen and establish criminal offenses relating to human trafficking.

The senate also completed legislation on HB 2740, which will now be sent to Governor Jim Justice for enaction. This bill would expire funds to the surplus balance of General Revenue and supplement, amend, add, and increase any items of appropriation in the aforesaid accounts for the designated spending units for expenditure during the fiscal year 2017.

Members of the Senate also adopted SR 32, which designated today as West Virginia Alzheimer’s Association Day at the Capitol.

Senate Bills 526-537 were introduced.

Senate Bills 198, 280, 338 and 358 were advanced to a second reading.

Committee Meetings Today

Energy, Industry and Mining: 1:30 p.m. in 208W

Health and Human Resources: 1:30 p.m. in 451M

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Tomorrow

Workforce: 10 a.m. in 208W

Interstate Cooperation: 10 a.m. in 451M

Confirmations: immediately following session in 208W

Agriculture and Rural Development: 2 p.m. in 208W

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

House Bill 2546 Reported Out of House Committee on Industry and Labor

House Committee

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March 7, 2017

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The Committee on Industry and Labor met today to discuss HB 2546.

House Bill 2546 would allow uniform costs to be deducted from a terminated employee’s final paycheck if the uniform is not returned. The bill was amended so the employer would have to make the employee aware of the fee and give the employee one day to return the uniform. Alternatively, the employee can keep the uniform and pay the fee.

Delegate Shott (R-Mercer) and Delegate Foster (R-Putnam) amended the bill further to require a written agreement between the employee and employer discussing the uniform and the expectations of the employer in regards to the uniform such as replacement cost.

The bill as amended was reported to the House with the recommendation that it pass but first be referred to the Committee on the Judiciary.

House Committee on Agriculture and Natural Resources Reports Eight Bills

House Committee

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March 7, 2017

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The House Agriculture and Natural Resources Committee met today and referred eight bills out of the committee.

House Bill 2566 would create the WV Fresh Food Act. This act would require state institutions to buy at least 20% of their food from local producers. The bill was amended by the committee requiring 5% at first but adding 5% each year. The amendment also gives the Department of Agriculture rulemaking authority on the act. The bill was referred to the Committee on Finance with the recommendation that it pass.

House Bill 2553 would relate to an exemption from the consumer’s sales and service tax and use tax for sales of services and tangible personal property related to the activities of raising and training livestock. This bill was also amended to clear up some technical issues. The bill was referred to the Committee on Finance with the recommendation that it pass.

House Bill 2752 would relate to abuse and neglect of livestock. This would help to give more funds to take care of livestock seized from an abusive or neglectful owner. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2693 would relate to state ownership of wildlife. It cleans up code relating to the definition of wildlife in the West Virginia code. It was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2696 would relate to crossbow hunting. It cleans up code and is a mostly a technical bill. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2699 would make information about the Division of Natural Resources licensees exempt from the provision of the Freedom of Information Act. This would not exempt the information from law enforcement access. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2707 would relate to the collection, possession and sale of naturally shed deer antlers. This would allow this activity on privately owned land, public land, or private land with the owner’s written consent. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2708 would relate to a lawful method for a developmentally disabled person to purchase a base hunting license. They must attend an on-site hunter training course and if unable to take a written test, they must pass all other parts of the test in order to receive their license. They must also be shown to not be a danger to others or themselves by using a firearm. Hunting on private property still would not require a license. The committee amended the bill to correct some technical issues. Delegate Summers (R-Taylor) amended the bill so that the Secretary of DHHR would not have to get involved in the hunting process and only require a physician’s approval. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

Senate Judiciary Rejects Bill to Repeal Campaign Financing Program

Senate Committee

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March 6, 2017

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The Senate Judiciary Committee has rejected a bill that would repeal and otherwise eliminate the West Virginia Supreme Court of Appeals Public Campaign Financing Program.

The bill, SB 463, will be referred to the Senate Finance Committee after it is reported to the full Senate with the recommendation that it do not pass.

Julie Archer of the West Virginia Citizen Action Group said passage of the bill would be regressive toward efforts in the state to prevent scandal and dark monies from corrupting in Supreme Court of Appeals campaigns, as they have been in the past.

Archer said continuing the program will ultimately help to “restore some confidence in the judiciary.”

Senator Robert Beach (D – Monongalia) said the legislature should keep the program running in order to avoid having to experience another “wake-up call” because of a preventable campaign scandal.

Beach said the program would be very difficult to bring back at a later time if eliminated now.

The bill was originally introduced to try and save the state money that would have been used to help candidates run for the Supreme Court of Appeals.

Following the bill’s rejection, the committee voted to approve SB 259, which would require administrators of intestate estates to give bond and take oath.

HB 2099 and SB 219 were taken off of the agenda to be discussed in a future meeting.

Senate Committee on Banking and Insurance Reports Volunteer Fire Department Bill

Senate Committee

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March 6, 2017

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The Senate Committee on Banking and Insurance met today to discuss SB 168.

Senate Bill 168 would relate to the surcharge on fire and casualty insurance policies to fund volunteer fire departments. The increase would be from .55% to 1%. The fiscal note on the bill suggests that the bill would mean an increase in revenue for the volunteer fire departments of 10.9 million dollars.

Jill Rice, the President of the West Virginia Insurance Association, said that West Virginia has one of the highest percentage of surcharge in the nation. She also said that she couldn’t predict the impact that the bill would have.

Rice said, “This bill won’t solve the problem. This is a tax on our policy holders that won’t solve the problem.”

Sam Love, representative of the West Virginia Fire Fighters Association said that the insurance industry would like all the volunteer fire fighters out of business so they can raise their rates. He also discussed about the expenses of volunteer fire departments such as training, pump trucks, and gear. He also explained that other funding sources are not enough as some counties can’t afford to fund them, and fundraising with the boot is not enough. The bill may offset the increase in worker’s compensation rates.

The bill was referred to the committee on Finance with a recommendation that it do pass.

Senate Bill 434 was on the agenda but was carried over until the next meeting.

Gov. Org. approves WV Contractor Act

House Committee

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March 6, 2017

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The Committee on Government Organization approved HB 2554. I will transfer the West Virginia Contractor Act from administration and regulation by the Division of Labor to regulation under the provisions of professions and occupations in chapter thirty of code. The bill continues the West Virginia Contactor Licensing Board with administrative duties of board and legislative rules without the Division of Labor. The bill keeps the necessity for contractor license and exemptions, procedure for licensing, expiration date, fees and renewal of license. It continues procedure for revocation for unlawful use, assignment or transfer of license. Also the prerequisites to obtaining building permit and mandatory written contracts. Specific administrative duties of board and record keeping by the board are provided without the Division of Labor. The board is authorized to grant reciprocity and to provide training to students who desire to obtain a West Virginia contractor license. Misdemeanor criminal penalties for violations of article are retained.

Senate Natural Resources Approves Four Bills Related to Hunting and Wildlife

Senate Committee

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March 6, 2017

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The Senate Committee on Natural Resources has approved four bills to be reported to the full Senate with the recommendation that they pass.

SB 469 would prohibit the wanton waste of game animals, game birds or game fish.

SB 471 would make the definition of wildlife consistent with the existing definition of wildlife contained in WV Code §20-1-2.

SB 473 would clarify the circumstances in which naturally shed deer antlers may be lawfully collected, possessed and sold. The bill also clarifies that certain wildlife or parts thereof cannot be traded or bartered.

SB 474 would exempt the list of names, addresses and contact information for hunting license holders from public disclosure with certain exceptions.

All bills approved except for SB 473 will be referred to Senate Judiciary once reported to the floor.

Bill to better Treatment through TeleHealth passes in House

House Floor Session

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March 6, 2017

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Five bills passed today in the House of Delegates; they will now be sent to the Senate for further consideration.

HB 2459 would update regulations relating to health care, define terms, and add/clarify exemptions.

HB 2509 would permit a physician to prescribe certain controlled substances when using telemedicine technologies. This would allow people who live a distance from doctor to receive treatment.

HB 2590 would update the meaning of “federal taxable income” and certain other terms used in the West Virginia Corporation Net Income Tax Act by bringing them into conformity with their meaning for Internal Revenue Code’s definitions and specifying effective dates.

HB 2594 would update the meaning of “federal adjusted gross income” and certain other terms used in the West Virginia Personal Income Tax Act and specify effective dates.

HB 2653 would extend the multistate real-time tracking system ro June 30, 2023.

Committee Meetings Today

Roads and Transportation: 1:45 p.m. in 215E

Finance: 2:15 p.m. in 460M

Judiciary: 2:45 p.m. in 410M

Education: 2:45 p.m. in 434M

Gov. Org.: 3 p.m. in 215E

Committee Meetings Tomorrow

Agriculture and Natural Resources: 9 a.m. in 215E

Industry and Labor: 10 a.m. in 215E

Political Subdivisions: 1 p.m. in 434M

Health and Human Resources: 2 p.m. om 215E

Pensions and Retirement: 4 p.m. in 460M

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

Nine Bills Pass the Senate Today

Senate Floor Session

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March 6, 2017

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The Senate met today and passed nine bills. These bills were SB 190, SB 209, SB 221, SB 224, SB 263, SB 400, SB 429, SB 436, and SB 445.

Senate Bill 190 would eliminate bidding preferences for vendors bidding on state contracts for commodities or printing.

Senate Bill 209 would define the term “veteran” as it relates to veteran-owned businesses.

Senate Bill 221 would relate to the composition of the PEIA Finance Board.

Senate Bill 224 would repeal the requirement for employer’s bonds for wages and benefits.

Senate Bill 263 would create an exemption from certain contract and common carrier laws for vehicles used exclusively for transportation.

Senate Bill 400 would regard to appointments to West Virginia Infrastructure and Jobs Development Council.

Senate Bill 429 would relate to monitoring inmate communications.

Senate Bill 436 would permit investigators from the Attorney General’s Office to carry firearms during the carrying out of their duties after an exam.

Senate Bill 445 would amend the definition of “abused child.”

Bills on second reading were SB 239, SB 392, SB 442, SB 456, and HB 2318. Senate Bill 239 and House Bill 2318 were both amended.

Senate Bills 517-525 were introduced.

Senate Resolution 30 was adopted today which designated the month of March as American Red Cross Month.

Senate Resolution 31 was also adopted which recognized the contributions of southern West Virginia to the entire state and the United States of America.

The following committees meet today:

Finance at 3 p.m. in 451M.

Judiciary at 3 p.m. in 208W.

Banking and Insurance at 2 p.m. in 451M.

Natural Resources will meet at 1:15 p.m. in 208W.

Finance Subcommittee on DHHR will meet at 4 p.m. in 451M.

Transportation and Infrastructure will meet tomorrow at 10 a.m. in 451M.

Military will meet tomorrow at 10 a.m. in 208W.

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

In the House

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March 6, 2017

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As of 4 p.m., Friday, March 3, 2017, the 24th day of the regular session of the 83rd Legislature, 782 bills have been introduced in the West Virginia House of Delegates. Of those bills 20 have passed this week and have been sent to the Senate for further consideration. Among those:

House Bill 2740 is a supplemental appropriation bill; it would draw funds from the surplus balance of the General Revenue to supplement funding for public defenders.

Senate Bill 231 would provide that State Board of Education may delegate its Medicaid provider status and subsequent reimbursement to regional education service agencies or county boards subject to the county board determining that there is a net benefit and no detraction from the educational program of the county.

House Bill 2329 would make it unlawful to produce, manufacture, or possess fentanyl.

House Bill 2620 would create a central repository of drug overdose information in West Virginia; it establishes the reporting system requirements. It establishes reporting requirements of entities and information required to be reported. It provides for data collection and reporting; it also provides for rule-making authority, as well as criminal and administrative penalties for noncompliance.

House Bill 2646 would terminate the Women’s Commission and discontinues its functions.

House Bill 2506 would allow permit limits to be calculated using design flows recommended by the United States Environmental Protection Act for human health; specifically, the use of the harmonic mean flow. It also allows for mixing zone overlapping while retaining the application of water quality criteria that are developed for protection of drinking water. The bill will be sent to the Senate for further consideration.

House Bill 2083 would increase the felony criminal penalties for exposing children to methamphetamine manufacturing. The current penalty is one to five years. This bill increases the penalty to two to 10 years. The bill also gives meaning to “seriously bodily injury” sustained in location of the manufacturing.

House Bill 2123 would make the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority.

House Bill 2486 would prohibit the restrictions that are inconsistent with any applicable policy of insurance or the performance of insurance functions with respect to the receipt or use of medical records that are obtained by insurers in connection with insurance claims and civil litigation.

House Bill 2542 would give institutions of higher education more authority in human resources and personnel. The bill defines classified and nonclassified employees and removes mandating a temporary salary.

House Bill 2585 would create two criminal offenses relating to money laundering. They are (1) laundering criminal proceeds through financial transaction and (2) the transportation, transmission, or transfer of criminal proceeds.

House Bill 2479 would adopt and implement the provisions of the Uniform Deployed Parents Custody and Visitation Act in West Virginia. The bill codifies standard procedures for resolution and determination of custody and visitation issues when a parent is deployed for national service.

House Bill 2364 prohibits electioneering during early voting periods in and around early voting locations to the same extent as is currently prohibited at polling places on election day.

House Bill 2619 adopts the National Association of Insurance Commissioners’ Risk Management and Own Risk Solvency Assessment Model Act for implementation by West Virginia insurers so that they are better equipped to assess their financial condition and remain solvent.

House Bill 2630 authorizes the Board of Medicine and the Board of Osteopathic Medicine to share stag when efficient and practical to do so.

House Bill 2648 would increase the minimum sentence by three years for individuals convicted of manufacturing, delivering, or transporting controlled substances in the presence of a minor.

House Bill 2651 requires nationally normed standardized achievement tests to be administered to nonpublic students the ages of seven and seventeen. It also requires that the test administrated be published or normed within ten years from the date of administration.

House Bill 2684 imposes penalties for repeat violations of the prohibition on driving under the influence on a suspended license by persons under the age of 21.

Additional House Bills

House Bill 2453 would expand the list of persons the Commissioner of Agriculture many license to grow or cultivate industrial hemp. The bill requires a statewide and a nationwide background check. This bill was referred to the Committee on Judiciary.

House Bill 2641 would treat retired natural resource officers like all other law enforcement and exempt them from the state income tax. This bill was referred to the Committee on Finance.

House Bill 2662 would prohibit the wanton waste of game animals, game birds, or game fish. The bill makes it illegal to waste game that has been wounded, killed, or taken while hunting or fishing. Hunting/fishing license could be suspended for five years; could also be fined or jailed. This bill was referred to the Committee on Judiciary.

House Bill 2566 (also known as The WV Fresh Food Act) would require that state programs purchase a minimum of 20 percent of its fresh food from in-state fresh food producers. Many questions were raised regarding this act, such as how would it be monitored, would it be more expensive, and the big one: can our farmers produces that much food in-state? As the bill reads, each institution would be required to purchase 20 percent. Institutions include schools, universities, correction facilities, and others. The bill will be on the agenda of the next meeting of the Agriculture and Natural Resources Committee.

House Bill 2520 would prohibit the use of tanning devices by a person under the age of 18. Currently, law states that persons 14 to 17 can use a tanning device with parental consent. This law would replace that law and state no one under the age of 18 shall use a tanning device. According to the dermatologist who presented, the use of these devices is directly correlated to the development of skin cancers. The bill is now being reviewed in the Judiciary Committee.

House Bill 2375 would establish a Small Business Empowerment and Economic Expansion Program providing tax relief to newly-established small businesses. This bill was amended to prevent people from dismantling their business and then reapplying for the grant with a new similar business to the one that was dismantled. This halts people from abusing the tax program. The bill was referred to the Committee on Finance.

House Bill 2548 would relate to the use of outside speakers by persons licensed to manufacture, sale, possess for sale, transport or distribute non-intoxicating beer. The bill was referred to the Committee on Judiciary.

House Bill 2725 would prevent the Board of Barbers and Cosmetologists from regulating the use of hair, nail, skin, and other beauty products that are commonly available as retail, consumer products. This bill will be on second reading Monday.

Senate Bill 116 would allow the Governor’s Committee on Crime, Delinquency and Corrections to issue a legislative rule relating to Law-Enforcement Training and Certification Standards. This bill is in the House Judiciary Committee.