The Senate Judiciary Committee has approved seven bills to be reported to the floor with the recommendation that they pass.
HB 2526 would classify additional drugs to Schedules I, II, IV and V of controlled substances.
Morgan Leach, executive director of the WV Hemp Industries Association, explained an amendment offered by Senator Robert Beach, D-Monongalia, that would exclude industrial hemp from being classified as a controlled substance.
Matt Walker of GW Pharmaceuticals explained the difference between industrial hemp and regular hemp, which is considered a controlled substance.
Michael Goff of the Board of Pharmacy, said the Board supports industrial hemp as long as it is FDA-approved.
HB 2303 would increase the fines and community service hours for littering.
Those convicted of littering can be fined an amount from $2,500 to $10,000 or committed to anywhere from 16 to 200 hours of community service that could involve cleaning up litter from any public highway, road, street, alley or any other public park or public property, or waters of the state, as designated by the court.
Lead sponsor of the bill Delegate Rupert Phillips, I-Logan, urged the committee to pass the bill and said he is “tired” of seeing litter throughout the state after spending hours in his own community cleaning up litter in public areas and waterways.
Senator Mike Woelfel, D-Cabell, amended the bill to strike certain language, restore the maximum fine of $25,000, restore the court’s ability to institute a double charge of a fine and community service hours and exempt property owners from littering on their own property from criminal liability for any litter up to 50 pounds in weight.
Senator Richard Ojeda, D-Logan, said he did not agree that property owners should be allowed to litter on their own property, since doing so can reduce the property value of surrounding properties.
Senator Mike Romano, D-Harrison, said allowing people to litter on their own property is a “terrible mistake” that would make it harder to maintain clean cities and towns that are safe for citizens to live in, which is a problem he works to address in his own county.
Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.
HB 2404 would bar persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance.
Angela Vance of AARP said AARP has been working on this legislation for two years now to stop seniors from being exploited by their own family members and heirs.
“This is a real problem in West Virginia,” Vance said, “And it’s an ever-growing crime.”
Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.
HB 2364 would prohibit 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.
Current law does not allow electioneering within 300 feet of voting locations, but the bill would change this buffer zone to 100 feet to conform with federal guidelines.
Senator Romano amended the bill to clarify that exit pollers are not allowed to participate in the electioneering activities.
HB 2479 would adopt and implement the provisions of the Uniform Deployed Parents Custody and Visitation Act in West Virginia to set standard procedures for resolution and determination of custody and visitation issues when a parent is deployed in the military or other national service.
Similar bills have been adopted in 12 other states.
Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.
HB 2731 would clarify that only civil actions with controversial amounts exceeding $10,000 must be heard in circuit court, except in actions relating to real estate installment sales contracts or actions confined exclusively by the Constitution to some other tribunal.
During the 2016 Regular Legislative Session, the Legislature passed SB 274 which increased the civil jurisdictional amount in magistrate court from $2,500 to $10,000. However, the Legislature failed to amend the circuit court jurisdictional statute to specify that the controversial amount, excluding interest, must exceed $10,000.
Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.
HB 2548 would allow nonintoxicating beer licensees to have speakers outside of licensed premises as long as their use does not disturb the peace and quietude of community where the business is located.
A general counsel for the Alcoholic Beverage Control Commission was available to answer questions from the committee and said the Commission had no position on the bill.
The committee also laid over HB 2219 to review an amendment to the bill proposed by Senator Ronald Miller, D-Greenbrier, to remove a rule that would allow the Dept. of Agriculture to issue a rule affecting the Division of Natural Resources.
The rule is one of the 49 legislative rules relating to Livestock Care Standards the bill would authorize the Commissioner of Agriculture to promulgate.
The committee will meet 9:30 a.m. Friday, March 31, in 208W.
