Page 240 – Wrap Up

Human Trafficking Bill passes House on Third Try

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March 6, 2017

Human Trafficking Bill passes House on Third Try

Increasing Reports Shine Light on Issues

West Virginia legislators strive to create legislation to establish and strengthen criminal offenses relating to human trafficking. HB 2318 would create a felony offense of patronizing an individual to engage in commercial sexual activity. This is the third year legislation of its kind has been introduced in the state’s Legislature, because previous legislation had technical issues.

Human trafficking reports have been on the rise in the United States. Higher reports are related to hotlines and a textlines emerging to reach out to victims, as well as more states creating tougher penalties for the crime.

Sen. Ed Gaunch, R-Kanawha, sponsored similar legislation in the past.

“The topic has continued to grow in importance,” Gaunch said. “It’s a sign of our time, we all get comfortable in our surroundings and pretend it isn’t happening.”

Reports show there are between 20 and 30 million people enslaved in the world today. Eighty percent of human trafficking victims are female and 50 percent are children.

Gaunch said it’s affecting more and more people every year, and needs attention called to it while providing solutions like the legislation introduced again this year.

Human trafficking takes many forms: domestic servitude, forced labor, sex trafficking, bonded labor, forced marriage, and child labor.

Human trafficking is the third largest international crime industry, behind illegal drugs and firearms trafficking. It reportedly generates $32 billion a year and $15.5 billion is made in industrialized countries.

Delegate Barbra Fleischauer, D-Monongalia, is the lead sponsor on this year’s legislation, HB 2318.

“The thought is you can sell a drug once, but you can sell a person many, many times. It’s a very gruesome thought,” Fleischauer said.

Human trafficking is on the rise in West Virginia because the state is lagging in stronger laws related to the subject. West Virginia is susceptible to human trafficking because of its interstates, poverty and unemployment rates, drug issues, the number of children in foster care, and the number of children subject to abuse and neglect.

“We still have a long way to go, this is the first step in the process. We know of human trafficking cases, but haven’t had any prosecution,” Fleischauer said.

According to proponents of the bill, its passage would lead to more prosecutions related to this crime.

Fleischauer said the next step would be counseling for the victims.

Bills Related to Kidnapping and Drug Violations Approved by Senate Judiciary

Senate Committee

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March 3, 2017

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The Senate Judiciary Committee has approved three bills to be reported to the floor with the recommendation that they pass.

SB 206 would expand the definition of kidnapping to including taking or gaining custody of, confining or concealing another person by force or threat of force; or by duress, fraud, deceit misrepresentation or enticement.

Lead sponsor for the bill Senator Ryan Weld (R – Brooke) said there was too much “wiggle room” in the language of the original definition that would not adequately protect those threatened with kidnapping.

SB 220 would create a new felony offense for a drug delivery that results in the death of another person and providing a felony criminal penalty.

Senator Robert Karnes (R – Upshur) said he was concerned that the bill might interfere with a current law enacted in 2015 from SB 523 that grants limited immunity from prosecution for certain misdemeanor offenses for a person who seeks emergency medical assistance for someone who is experiencing a drug or alcohol overdose.

Committee counsel Tom Smith ensured the bill would not conflict with the current rule.

Senator Charles Trump (R – Morgan), Chair, took SB 219 off of the agenda at the start of the meeting to be discussed at a future date.

The next meeting for the Judiciary was not announced.

House Passes Bill to Increase Penalties relating to Controlled Substances

House Floor Session

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Today in the House passed six bills, which will now go to the Senate for further consideration and sent one bill back to committee for further evaluation.

HB 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.

HB 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.

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

HB 2648 increases the minimum sentence by three years for individuals convicted of manufacturing, delivering, or transporting controlled substances in the presence of a minor.

HB 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.

HB2684 imposes penalties for repeat violations of the prohibition on driving under the influence on a suspended license by persons under the age of 21.

HB 2502 was referred to the Judiciary Committee. This bill would permit a licensed professional in another state to apply for licensure in West Virginia, if certain conditions are met.

Committee Meetings Today

Judiciary: 2:15 p.m. in 410M

Committee Meetings Monday, March 6

Judiciary: 9 a.m. in 410M

Sub-Committee on Higher Education: 9:30 a.m. in 434M

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

Finance: 2 p.m. in 460M

Education: 2:30 p.m. in 434M

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

Senate Passed Three Bills Today

Senate Floor Session

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The Senate passed three bills today. The bills were SB 4, SB 410, and SB 439.

Senate Bill 4 would allow licensed professionals donate time to care of indigent and needy in a clinical setting. It was amended by Senator Takubo (R – Kanawha) on third reading and then passed as amended.

Senate Bill 410 would relate to marking traps with a DNR identification tag.

Senate Bill 439 would relate to venue for civil and criminal actions at Salem Correctional Center.

Bills on second reading were SB 209, SB 221, SB 224, SB 263, SB 400, SB 429, SB 436, and SB 445.

Senate Bill 224 was attempted to be amended by Senator Jeffries (D – Putnam). The amendment was not adopted after much discussion between Senator Trump (R – Morgan), Senator Ojeda (D – Logan), Senator Facemire (D – Braxton), and Senator Romano (D – Harrison).

Senate Bills 501-516 were introduced as well.

The following committees meet at the following times:

Judiciary at 1 p.m. in 208W.

Select Committee on Tax Reform at 9 a.m. in 451M on Monday.

Confirmations at 10 a.m. in 208W on Monday.

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

Senate Confirmations Hear from Former First Lady Manchin

Senate Floor Session

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March 3, 2017

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The Senate Confirmations Committee has heard from former first lady Gayle C. Manchin in a hearing relating to her appointment to serve as Secretary of the Department of Education and the Arts.

Manchin said she is ready to “streamline” the Department in order to meet budget demands by combining offices and reducing the number of employee positions.

She said she believes the Department plays a significant role in serving the citizens of the state by giving them a chance to engage in lifelong learning.

“I believe government is all about public service,” Machin said, “And providing them [citizens] the very best opportunities from birth to death.”

Manchin also said the arts should not be defunded in the proposed budget bill because they contribute to the economic growth of the state by encouraging its citizens to confront complex issues in creative ways, which she said the state needs now more than ever.

Manchin was First Lady from 2005 to 2010 during her husband’s first term as governor. Her husband is current U.S. Senator Joe Manchin.

The committee also heard from Cheryl Schreiber on her appointment to serve as a member on the West Virginia School of Osteopathic Medicine Board of Governors for a term ending on June 30, 2020.

Confirmations will meet Friday, March 10 at 10 a.m.

House Gov. Org. Discussed Six Bills

House Committee

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March 3, 2017

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Today, House Gov. Org. met and discussed six bills. They included HB 2690, HB 2631, HB 2503, HB 2628, HB 2540, and HB 2554.

HB 2690 would terminate the West Virginia Board of Registration of Foresters while preserving essential protections against misrepresentations by unqualified persons in the commercial practice of forestry. Originally the bill stated that unexpended funds would be transferred to the General Revenue Fund, but there was an amendment that would transfer the funds into the State Road Funds in an effort to better West Virginia Roads.

HB 2631 would prevent dismissal of complaints that exceed time standards for disposition when then accused causes delay that results in the time overage.

HB 2503 would update the rulemaking authority of the Board of Osteopathic Medicine.

HB 2628 would clarify and strengthen the duties and powers of the Board of Medicine and the Board of Osteopathic Medicine with regard to evidence of serious misconduct by licensees and applicants for license under their respective jurisdictions.

HB 2540 would permit a person to practice his or her profession for seven days for a charitable function. There would be a special license given to the person if certain qualifications were met.

HB 2554 would 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 30 of code.

Senate Finance Approves Two Bills

Senate Committee

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March 3, 2017

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The Senate Finance Committee has approved two bills to be reported to the floor with the recommendation that they pass.

SB 185 would allow spending units to designate the fund which the proceeds from the sale of surplus property must be deposited when the fund that was used to purchase the property is no longer in existence.

The bill was first reported from Senate Government Organization with the recommendation that it pass.

SB 365 would maintain the solvency of the Unemployment Compensation Fund and extend the time period for borrowing funds from the Revenue Shortfall Reserve Fund for the Unemployment Compensation Fund to September 1, 2018.

The committee’s next meeting has not yet been announced.

Senate Judiciary Approves Three Bills

Senate Committee

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March 2, 2017

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The Senate Judiciary Committee has approved three bills to be reported to the full Senate with the recommendation that they pass.

SB 358 would permit a timeshare managing entity to foreclose upon its statutory lien for assessments in the manner of sales under trust deeds. It provides for the naming of a trustee by the managing entity to carry out the sale and require notice.

Tom O’Neill spoke on behalf of the Land of Canaan Vacation Resort in favor the bill’s passage.

SB 338 would amend the Medical Professional Liability Act by adding a definition for “occurrence,” provide for a preference of venue, establish an attorney’s fees schedule based upon the amount recovered, establish the effective date and provide for severability.

President of the West Virginia Association for Justice Jane Peak was present to answer questions from the committee.

SB 173 would provide exemptions that would differentiate autocycles from having to adhere to motorcycle requirements.

Senator Robert Karnes (R-Upshur) proposed an amendment to only apply certain requirements to those under the age of 18, which the committee adopted with 11 yeas and 4 nays.

DMV Director of Vehicle Services Michael Maggard was present to answer questions from members.

The bill was reported out of Senate Transportation and Infrastructure prior to appearing before the committee.

Five Bills passed in House today, one postponed one day

House Floor Session

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March 2, 2017

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Today, the House of Delegates passed five bills and postpone one for a day. Bills passed were HB 2740, SB 231, HB 2329, HB2620, and HB 2646. HB 2648 was postponed until tomorrow.

HB 2740 is a supplemental appropriation bill; it draws funds from the surplus balance of the General Revenue to supplement funding for public defenders.

SB 231 provides 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.

HB 2329 makes it unlawful to produce, manufacture, or possess fentanyl.

HB 2620 creates a central repository of drug overdose information in West Virginia; it establishes the reporting system requirements.

HB 2646 terminates the Women’s Commission and discontinues its functions.

HB 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.

Committee Meetings Today

Senior Citizens Issues: Right after session in 215E

Health and Human Resources: 3:30 p.m. in 215E

Prevention and Treatment: 4:30 p.m. in 215E

Committee Meetings Tomorrow

Judiciary: 8:30 a.m. in 410M

Finance: 9 a.m. in 460M

Sub-Committee on K-12: 9 a.m. in 434M

Gov. Org.: 9 a.m. in 215E

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

Senate Government Organization Puts Three Bills on Layover, Passes One

Senate Committee

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March 2, 2017

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The Senate Committee on Government Organization has put three bills on layover until a future meeting and has approved one bill to be reported to the full Senate with the recommendation that it pass.

The passed bill, SB 280, would move the association of the Civil Air Patrol from the Aeronautics Commission and realign it under the Military Forces of the state, because one of the Civil Air Patrol’s primary missions is the provision of emergency services, including aerial and ground search and rescue operations, homeland security operations and disaster relief operations.

The Senate Committees on Military and Judiciary have already approved the bill for passage.

The three bills put on layover are SB 350, SB 253 and SB 441.

SB 350 would allow certain licensed professional counselor and marriage and family therapist applicants to be issued a temporary permit for six months so the applicant can practice during the application and testing process.

According to counsel, the bill was created to help solve the state’s “shortage” of licensed counselors and therapists.

Those who came to voice their support for the bill included Marshall University Counseling Board Chairwoman Lori Ellison, NECCO Executive Director Amy Rickman and Executive Director of the West Virginia Board of Examiners in Counseling Roxanne Clay.

The bill was put on layover for counsel to solve issues with the language of the bill and give time for senators to draft amendments.

SB 253 would clarify the English language requirement used when evaluating an individual applicant for medical licensing in the state.

SB 441 would establish the municipal home rule pilot program as a permanent program, allow all municipalities to participate in the program, and allow municipalities who institute a sales and use tax pursuant to the program to administer and collect the tax through their own municipal collector’s offices.

Both SB 253 and SB 441 were not able to be discussed within the timeframe of the meeting.