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Second Chance Driver’s License Act Completes Legislation

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The Senate met today at 11 a.m.

Nine Senate Bills; 54, 259, 202, 352, 468, 505, 625, 634 and 691 completed legislation this morning. Senate Bill 634 establishes the William R. Laird IV Second Chance Driver’s License Act. The purpose  is to create a program that will allow the DMV commissioner to temporarily hold a driver’s license suspension or revocation for the purpose of the applicant obtaining and maintaining employment. For those accepted, the individual must remain current in the repayment of unpaid court costs as a program requirement. These bills now await the Governor’s final approval.

The Senate concurred and passed with House amendments on Senate Bills 306, 311 and 524 and the bills will be sent to the Governor’s office once the House concurs with Senate passage. Senate Bill 306 permits the sale of county or district property online, Senate Bill 311 allows permanent exception for modification or refinancing loans under the Federal Making Home Affordable program, and Senate Bill 524 rewrites the Board of Barbers and Cosmetologists article.

32 House Bills were on the third reading in the Senate today. 27 of those bills passed, not including House Bills 4035, 4316, 4606 and 4655, which were laid over one day, retaining their places on the calendar. Once the House of Delegates concurs with Senate amendments, House Bills 2205, 4013, 4038, 4040, 4053, 4060, 4168, 4174, 4237, 4301, 43074314, 4316, 4317, 4323, 4435, 4461, 4463, 4537, 4554, 4575, 4578, 4586, 4594, 4618, 4728 and 4738 will await the Governor’s final approval to complete legislation. House Bill 4352, which relates to the selling of certain state owned health care facilities by the Secretary of the Department of Health & Human Resources, was rejected in the Senate with a 12-22 Y/N vote.

35 House Bills were on the second reading in the Senate and advanced to the third reading for tomorrow. House Bill 4243, which would extend the time that certain nonprofit community groups are exempt from the moratorium on creating new nursing home beds, was referred to the Committee on Rules on second reading.

 

The State Senate will reconvene for the final day of this legislative session tomorrow, Saturday March 12, at 10 a.m.

Senate Overrides Governor Veto on Senate Bill 10

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The Senate convened today at 11 a.m. and 7:30 p.m.

There were 18 bills read on third reading today.  One of those bills was the Budget BillSenate Bill 269 addresses the budgetary issues in West Virginia.  The bill, which is by request from the executive, would appropriate money necessary for the economical and efficient discharge of the duties and responsibilities of the state and its agencies during the fiscal year of 2017.

The remaining bills on third reading were:  House Bill 2494, 2826, 4014, 4080, 4265, 4334, 4351, 4360, 4365, 4411, 4487, 4502, 4507, 4517, 4519, 4636 and 4734House Bill 4014 would prevent the State Board of Education from implementing common core academic standards and assessments.  House Bill 4360 would increase the criminal penalty for the unlawful practice of law.  All of the bills on third reading were passed and communicated to the House for consideration.

The Senate had 31 bills on second reading today.  House Bill 2205 would create the crime of prohibited sexual contact by a psychotherapist.  House Bill 4307 would clarify that a firearm may be carried for self-defense in state parks, state forests and state recreational areas.  House Bill 4575 would create criminal offenses relating to money laundering.

Governor Tomblin vetoed Senate Bill 10 on March 9, 2016.  Senate Bill 10, the Unborn Child Protection from Dismemberment Abortion Act, would alter the procedure protocols for a type of medical procedure commonly used during second trimester pregnancies.  The Senate reviewed the veto today and voted to override the decision.  The bill was sent to the House for consideration.

There were a number of bills that completed legislation in the Senate today.  Those bills include:  Senate Bill 6, 43, 47, 195, 330, 338, 416, 494, 520, 573 and 627.

 

The following committees will meet tomorrow morning before session:

The Committee on Finance: 9 a.m. in 451M

 

The Senate will reconvene tomorrow morning at 10 a.m.

Mountaineer Challenge Academy Bill Passes House

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The House of Delegates met today at 9:30 a.m. to get a head start on the final day for bills to be advanced to second reading. 

Two interns that have worked this session, graced the members with a speech, summing up their experiences here at the Capitol this session.  

Seventeen bills passed the House today, and among those 8 completed legislation. SB 384 would require the Bureau for Medical Services to seek federal waiver for a 30-day waiting period for tubal ligation, SB 459 would require county board of education to pay tuition to the Mountaineer Challenge Academy, SB 493 would allow the creation of self-settled spendthrift trusts, SB 516 relates to the registration for selective service, SB 545 relates to asbestos abatement on oil and gas pipelines, SB 595 relates to retirement credit for members of the WV National Guard, SB 613 would define total capital for purposes of calculating state-chartered bank’s lending limit and SB 614 would conform statute with court interpretation by replacing “unconscionable” with “fraudulent” when referring to conduct. 

SB 622 which relates to the composition of PEIA Finance Board, was delayed on the calendar one day and will be taken up on third reading tomorrow.

Twenty-eight other bills were advanced to third reading, with SB 539 laid over on second reading.

A message from the Governor provided an explanation for a veto on SB 10, which would create the Unborn Child Protection Act. The House overrode the veto with a vote of 85 to 15.

After reconvening once again at 5 p.m., the House continued with the remaining four bills on second reading today, including the budget bill, House Bill 4017. The House voted to consolidate the Senate Budget Bill within the House Bill.

 

Six bills were advanced to second reading as well. 

The House voted to concur with the Senate and pass HB 4346, HB 4587, SB 265 and SB 333

 

The following committees will tomorrow prior to session: 

Rules: 8:45 a.m.

 

The House will reconvene tomorrow at 9 a.m.

Drug Testing TANF Recipients Passes House

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The House of Delegates met today at 11 a.m. 

As the last few days of session are among us, the House calendar is filled with many bills and more hours are being spent on the floor and in committee to discuss as much legislation as possible before session ends.

Today, resolutions were adopted before 15 bills were taken up for consideration and passed in the House. The highly debated Senate Bill 6 passed in the House and would require drug screening and testing of applicants for the TANF program. 

Senate Bill 524 was rejected yesterday, then taken up for reconsideration today and passed. This bill rewrites the Board of Barbers and Cosmetologists article.

Two bills were passed relating to PEIA as well. Senate Bill 520 will allow PEIA ability to recover benefits or claims obtained through fraud. The other  PEIA related bill, Senate Bill 622, passed to define the Composition of the PEIA Finance Board. 

Various other bills passed in the House today, some specifically dealing with health related concerns. House Bill 597 passed by a majority, which related generally to Health Care Authority. Senate Bill 627 also passed in order to permit physicians to decline prescribing controlled substances.

The House also considered 19 bills which were advanced to third reading. Twenty-nine bills were then sent to second reading for discussion of passage.

 

The following committees will meet today: 

Judiciary: 5:30 p.m. 

Finance: 6:30 p.m. 

 

The House is adjounrned until 9:30 a.m. tomorrow.

 The Rules committee will meet tomrrow at 9:15 a.m. 

Budget Bill Advances to Third Reading

The Senate met today at 11 a.m. and 2 p.m.

The Senate concurred with House amendments on Senate Bills 104, 334, 349, 469 and 591. These bills now await the Governor’s final approval. Senate Bill 104 would classify Marshall University’s Forensic Science Center as a criminal justice agency, allowing the center to participate in the National Data Exchange.

House Bills 2904, 4171, 4246, 4309, 4340, 4345, 4378, 4383, 4417, 4448, 4612, 4651, 4739 and 4740 were read for the third time and passed in the Senate. Once the House of Delegates concurs with Senate amendments the bills will await the Governor’s approval.

House Bill 4188, which relates to the development and implementation of a program to facilitate commercial sponsorship of rest areas, was referred to the Committee on Rules on the third reading.

Senate Bill 269, the Budget Bill, in addition to 17 House Bills were read for the second time and advanced to the third reading. House Bill 4168, which creates a special motor vehicle collector license plate, House Bill 4315, which relates to air-ambulance fees for emergency treatment or air transportation, and House Bill 4365, which relates to the certificate of need process, were laid over on the second reading and will retain their places on the calendar.

The following committees will meet today:

Senate Confirmations at 3:20 p.m. in 208W

Finance at 4 p.m. in 451M

Judiciary at 4 p.m. in 208W

The following committees will meet tomorrow prior to session:

Government Organizations at 8:30 a.m. in 208W

Finance at 9 a.m. in 451M

Judiciary at 9 a.m. in 208W

 

The Senate will reconvene tomorrow at 11 a.m.

Over 100 Bills Have Now Completed Legislation

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The House of Delegates met today at 11 a.m.

Session began with a display from the Mountaineer Challenge Academy, in which four young women posted the colors for the House before the recitation of the Pledge of Allegiance.

The motion to discharge from the committee process the “Second Chance Bill”, SB 411, was tabled by a vote of 54 to 43.

Thirty bills passed the House of Delegates today. Among them were SB 39 which would regulate off-road motorcycles within the Hatfield-McCoy Recreation Area, SB 573 which would prohibit municipal annexation that would result in unincorporated territory within a municipality, SB 591 which relates to voter registration list maintenance and combined voter registration and driver licensing fund and SB 265 which would allow library volunteers necessary access to user records and was moved to the special calendar by the Rules Committee.

Bills that have completed legislation thus far into session total at 102.

After reconvening at 8 p.m., 12 bills were advanced to third reading and 18 bills were advanced to second reading.

HB 2852, which would legalize and regulate the sale and use of fireworks, completed legislation today when a Senate message relayed a concurrence with the House amenments.

 

The following committees will meet today:

Judiciary: 3 p.m.

Education: 3 p.m.

Finance: 4 p.m.

Rules: 6:45 p.m. 

 

The following committees will meet tomorrow morning:

Judiciary at 9 a.m.

Finance  at 9:30 a.m.

Rules  at 10:45 a.m.

 

 

The House of Delegates will reconvene tomorrow at 11 a.m.

Senate Passes 19 House Bills

The Senate convened today at 11 a.m. and 5 p.m.

The Senate had 20 bills on third reading today.  Those bills were:  2588, 2615, 2801, 2823, 4188, 4209, 4213, 4225, 4295, 4322, 4377, 4433, 4489, 4520, 4561, 4587, 4617, 4705, 4725 and 4726.  All of those bills were passed, except House Bill 4188, which was laid over on the calendar one day.

House Bill 4322 would expand the Learn and Earn Program.  House Bill 4377 would eliminate exemption fro m hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days.  House Bill 4725 relates to providing the procedures for the filling of vacancies in the office of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate and making certain clarifications.

There were 14 bills on second reading in the Senate today.  Those bills were:  2904, 4171, 4246, 4309, 4340, 4345, 4378, 4383, 4417, 4448, 4612, 4651, 4739 and 4740.  All of the bills on second reading were advanced to third reading.

House Bill 4246 would change the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library.  House Bill 4309 would increase criminal penalties for conviction of certain offenses of financial exploitation of an elderly person.  House Bill 4383 would make individuals responsible for the costs relating to the filing of excessive false complaints.

 

The following committees met today:

The Committee on Finance: 3:30 p.m. in 451M

The Committee on Judiciary: 3:30 p.m. and 6:15 p.m. in 208W

The Committee on Health and Human Resources:  2:30 p.m. in 451M

The Committee on Energy, Industry and Mining:  2:30 p.m. in 208W

 

The following committees will meet tomorrow before session:

The Committee on Education:  8:30 a.m. in 451M

The Committee on Government Organization:  8:30 a.m. in 208W

The Committee on Rules: 10 a.m.

 

The Senate will reconvene tomorrow morning at 11 a.m.

WVU Tech Relocation Bill Completes Legislation

The Senate met today at 11 a.m.

House Bill 4310  was passed in the Senate. The bill relates to the location of the West Virginia University Institute of Technology. Once the House of Delegates concurs with the Senate message, the bill will await the Governor’s approval and once signed, the institution would relocate to West Virginia University’s newly-acquired campus in Beckley, West Virginia.

House Bill 2122, which makes it illegal for first responders to photograph a corpse, and House Bill 4505, which would allow Powerball winners to remain anonymous were also passed in the Senate. These three bills, along with 17 others, now await the Governor’s final approval.

19 House Bills, including House Bill 4489, which relates to human trafficking offenses, were read for the second time and advanced to the third reading. House Bill 4612, which relates generally to tax increment financing and economic opportunity development districts, was laid over on the second reading and will retain its place on the calendar.

 

The following committees will meet today:

Banking & Insurance at 2:50 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3:30 p.m. in 208W

Education at 6 p.m. in 451M

 

The following committees will meet tomorrow prior to session:

Education at 8:30 a.m. in 451M

Finance at 9 a.m. in 451M

Judiciary at 9 a.m. in 208W

Transportation at 10 a.m. in 451M

Government Organizations at 11 a.m. 208W

 

The Senate will reconvene tomorrow at 11 a.m.

Last Week of 2016 Session Begins

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The House of Delegates met today at 11 a.m.

The last week of session began with the passage of one bill, allowing it to complete legislation. Senate Bill 658 passed as well to allow licensed professionals to donate time to care of indigent and needy in clinical setting. 

As time winds down the agenda is filled with bills to consider. A large sum of 32 bills were advanced to third reading today. Eleven bills were advanced to second reading on the House Calendar.

Along with bills passed and advanced, 31 resolutions were adopted.

In the second session, the House immediately took up several bills passed by the Senate. Among them were House Bill 2122 which would make it illegal for first responders to photograph a corpse, House Bill 4505 which would allow powerball winners to remain annonymous, House Bill 4654 which relates to the Executive Secretary of the Board of Professional Nurses, Senate Bill 68 which would disallow Health Care Authority to conduct rate review and set rates for hospital and Senate Bill 437, which would update and clarify code relating to rules governing mixed martial arts. Each of the bills have completed legislation. 

House Bill 2852, which would legalize and regulate the sale of fireworks, was passed with a futher amendment, sending the bill back to the Senate for concurrence.

 

 

The following committees will meet today: 

Judiciary: 1:30 p.m.

Finance: 2 p.m. 

Education: 2 p.m.

Judiciary: 6 p.m.

 

The following committees will meet tomorrow prior to session: 

Health & HR: 9 a.m.

Finance: 9 a.m. 

Judiciary: 9 a.m.

Rules: 10:45 a.m.

 

The House of Delegates will adjourn untill 11 a.m. tomorrow morning.

In the House

As of 4 p.m., Friday, March 4, 2016 the 52nd day of the second session of the 82nd Legislature, 1182 bills have been introduced in the House. Of those, 218 have passed and have been sent to the Senate for further consideration, and 13 have completed legislation. Among those:

House Bill 4352 (Relating to the selling of certain state owned health care facilities by the Secretary of the Department of Health and Human Resources) would work to authorize the selling of certain state owned health care facilities by the Secretary of the Department of Health and Human Resources. The bill proved that expenditures from the fund are not authorized from collections deposited in the fund but are to be made only in accordance with appropriation by the Legislature.

House Bill 4463 (Permitting the practice of telemedicine) the purpose of the bill is to permit the practice of telemedicine. The bill establishes requirements and makes exceptions. The bill also defines terms and authorizes rulemaking. The bill has since been communicated to the Senate.

House Bill 4505 (Allowing powerball winners to remain anonymous) would work to allow a powerball winner to be anonymous if they elect to be anonymous. The bill also provides an exemption under FOIA if a person elects anonymity. The bill has been communicated to the Senate for consideration.

House Bill 4240 (Relating to the Uniform Controlled Substances Act) would work to increase the penalties and mandatory minimum sentences for drug traffickers bringing drugs into the state and for distributing drugs. The enhanced penalties apply to those individuals previously been convicted of a drug offense who are in possession of a certain threshold of drugs at the time of arrest.

House Bill 4271 (Ending discretionary transfers to the Licensed Racetrack Modernization Fund) would work to end discretionary transfers to the Licensed Racetrack Modernization Fund. If this bill were enacted, these transfers of up to $9 million annually, which were to be permitted through July 1, 2020, would no longer be permitted; the Licensed Racetrack Modernization Fund would be closed; and the fund’s balance would be transferred to the General Revenue Fund of the state. The bill would also close the Historic Resort Hotel Modernization Fund and would transfer that fund’s balance to the General Revenue Fund as well.

House Bill 4307 (Clarifying that a fireman may by carried for self defense in state parks, state parks, state forests and state recreational area) would work to clarify that a firearm may be carried for self defense in state parks, state forests and state recreational areas managed by the Department of Natural Resources. The bill is now being considered in the Senate Judiciary Committee.

House Bill 4428 (Clarifying that optometrists may continue to exercise the same prescriptive authority which they possessed prior to hydrocodone being reclassified) would work to permit the pharmaceutical certified licensee, certified optometrist, to prescribe hydrocodone and hydrocodone containing drugs, for a duration of no more than three days.

House Bill 4507 (Providing an employer may grant preference in hiring to a veteran or disabled veteran) would work to provide an employer may grant preference in hiring to a veteran or disabled veteran without violating the state Human Rights Act. The bill defines the term “veteran” for purposes of the allowable preference in hiring.

House Bill 4561 (Creating a special hiring process for West Virginia Division of Highway employees) would work to require the Commissioner of the West Virginia Division of Highways and the Director of the West Virginia Division of Personnel to collaborate to develop a special hiring process for Division of Highway positions; to exempt the West Virginia Division of Highways from regular State Personnel Board Procedures upon implementation of the special hiring process; to establish requirements for the special hiring process; and to establish reporting requirements.

House Bill 4577 (Creating an additional penalty for use of a firearm in furtherance of a drug offense) would work to create an additional penalty for use of a firearm in furtherance of a drug offense. The bill additionally includes a heightened penalty if the firearm is discharged.

House Bill 4035 (Permitting pharmacists to furnish naloxone hydrochloride) would allow pharmacists to furnish opioid antagonists upon request by those who know someone who could be a potential candidate for drug overdose. The drug provides people with the ability to help prevent death by overdose. Additionally, the bill would require that those requesting access to the drug be trained to properly administer as well as in the potential signs of drug overdose.

House Bill 4046 (Relating to the promulgation of rules by the Department of Administration) would authorize certain agencies to publicize certain legislative rules with modifications presented to and recommended by the Legislative Rule-Making Review Committee. Additionally it would allow the Department of Administration to repeal certain legislative, procedural or interpretative rules that are no longer authorized or are obsolete.

House Bill 4168 (Creating a special motor vehicle collector license plate) would authorize the commissioner of the Division of Motor Vehicles to issue a special motor vehicle collector license plate. The bill would also establish requirements for issuance, establishing fees, and providing requirements and conditions for use of the plate on a collector motor vehicle.

House Bill 4196 (Relating to abandoned antique vehicles) would allow automobile auctions to obtain titles to abandoned vehicles, and create a process by which an automobile auction may obtain a salvage certificate or an unrepairable motor vehicle certificate for vehicles abandoned on its property.

House Bill 4239 (Relating to construction of a modern highway from Pikeville, Kentucky to Beckley, West Virginia) would develop a highway project plan for the extension of the state of Kentucky’s Mountain Parkway Expansion project from the eastern Kentucky border with West Virginia into Mercer County and Raleigh County. The bill would also require the commissioner of highways to develop the highway project plan, quarterly progress/status reports and a full report to the legislature by the first day of the 2017 session.

House Bill 4246 (Changing the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library) would change the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library and would make changes in the current law to be consistent with the change of name in relation to the creation of a library board with the power to operate the public library. The bill also provides a stable method of financing the operation of the Martinsburg-Berkeley County Public Library.

House Bill 4301 (Relating to a framework for initiating comprehensive transformation of school leadership) would initiate comprehensive transformation of school leadership and make legislative findings that provide a context for leadership that promotes instructional improvement.

House Bill 4308 (Barring persons who are convicted of certain criminal offenses from acquiring property from their victims) would bar persons who are convicted of certain criminal offenses from acquiring property form their victims through joint tenancy or inheritance. The bill would also create exceptions.

House Bill 4364 (Internet Privacy Protection Act) would protect the privacy of personal electronic data for employees and applicants for employment, and to authorize employers to investigate to ensure compliance with applicable protections of certain business information.

House Bill 4435 (Authorizing the Public Service Commission to approve expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects) would modernize and improve coal-fired boilers at electric power plants and provide procedure for expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects deemed just and reasonable and in the public interest.

House Bill 4537 (Relating to the regulation of chronic pain clinics) would update the definitions and exemptions and clarify hearing notice procedures with regard to the regulation of chronic pain clinics.

House Bill 4586 (Ensuring that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways) would ensure that the interest of protected persons, incarcerated persons and unknown owners are protected in condemnation actions filed by the Division of Highways. The bill would require the appointment of a limited guardian if a protected person is not otherwise represented and an attorney to represent an incarcerated person who is not otherwise represented in a condemnation action. The bill would also clarify that the process set out in the eminent domain statute must be followed rather than other requirements related to disposition of a protected person’s or inmate’s real property.