Legislative Record

March 13, 2015 - Volume 35 Issue 17

Legislative Record

The less people know about how sausage and laws are made, the better they'll sleep at night” – Attributed to Otto von Bismarck (1815-1898), Prussian prime minister.

 

 

✓First Day - January 14, 2015: First day of session. (WV Const. Art. VI, §18)

✓Twentieth Day - February 2, 2015: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

✓Forty-first Day - February 23, 2015: Last day to introduce bills in the Senate and the House. (Senate Rule 14), (House Rule 91a) Does not apply to originating or supplementary appropriation bills. Does not apply to Senate or House resolutions or concurrent resolutions.

✓Forty-seventh Day - March 1, 2015: Bills due out of committees in house of origin to ensure three full days for readings.

Fiftieth Day - March 4, 2015: Last day to consider bill on third reading in house of origin. Does not include budget or supplementary appropriation bills. (Joint Rule 5b)

Sixtieth Day - March 14, 2015: Adjournment at Midnight. (WV Const. Art. VI, §22)

Source: West Virginia Legislure / http://www.legis.state.wv.us/Bulletin_Board/calendar_2015.cfm

 

Editor’s Note:For a listing and disposition of public education bills, refer to “It’s win or lose time for education bills” under the “News” tab. 

Higher Education Bills

Senate Bills

Senate Bill 425. Providing West Virginia University, Marshall University, and the Osteopathic School of Medicine with more authority to invest assets of the respective institutions. Status: House 2nd reading, Special Calendar 03/13/2015

Senate Bill 439.Clarifying the roles of each institution of higher learning, the Higher Education Policy Commission, and the Council for Community and Technical College Education by creating a system whereby legislative policy maximizes the ability of organizations to attract, recruit, retain, and motivate highly qualified and diverse employees, including compensating employees within an organization fairly and at levels that are competitive with appropriate external markets. There are other provisions.Status: House 2nd reading, Special Calendar 03/13/2015

Senate Bill 455. Relating to public higher education procurement and payment of expenses. Status: House 2nd Reading, Special Calendar 03/13/2015

Senate Bill 532. Relating to civil liability immunity for clinical practice plans and medical and dental school personnel. Status: Completed Legislation

Senate Bill 577. Allowing governing boards of various four-year colleges and universities to invest certain funds with its respective nonprofit foundation that has been established to receive contributions exclusively for that institution and which exists on January 1, 2015. Status: House 2nd Reading, Special Calendar 03/13/2015

House Bills

House Bill 2867. Requiring recommendations for higher education course credit transfer. Status:Senate Adopted, Requests House Concur in Senate Amendments to Bill

House Bill 2884. Modifying training and development requirement for certain members of certain higher education boards. Status: Completed Legislation

House Bill 2892. Authorizing certain legislative rules regarding higher education. Status: Completed Legislation

House Bill 2976. Expanding the eligible master's and doctoral level programs for which a Nursing Scholarship may be awarded. Status: Completed Legislation

Senate Bills

Senate Bill 255. Eliminating certain boards, councils, committees, panels, task forces and commissions, including some higher education boards, councils, committees, panels, task forces and commission. Status: Approved by Governor 03/03/2015. Editor’s Note: Also refer to Senate Bill 294. Among other entities, this measure would eliminate the West Virginia Center for Professional Development’s Principals standards advisory council. Status: Approved by Governor 03/11/2015

Senate Bill 262. Moves the Children's Health Insurance Program ("CHIP") from the Department of Administration to the Department of Health and Human Resources. Status: Approved by Governor 02/025/02015

Senate Bill 267. Repealing article creating the Governor’s Office of Health Enhancement and Lifestyle Planning. Status: House 2nd Reading, Special Calendar 03/13/2015

Senate Bill 361. Eliminating prevailing hourly wage requirement for construction of public improvements. Status: Approved by Governor 03/12/2015

Senate Bill 370. Reorganizing Governor's Committee on Crime, Delinquency and Correction and its subcommittees.Status: House 3rd Reading, Special Calendar 03/13/2015

Senate Bill 393. Reforming the juvenile justice system in West Virginia. Status: House 3rd Reading, Special Calendar 03/13/2015

Senate Bill 409. Establishing Fair and Open Competition in Governmental Construction Act. Status: Completed Legislative Action

House Bills

House Bill 2187. Encouraging public officials to display the national motto on all public property and public buildings. Status: Completed Legislative Action

House Bill 2213. Reducing the deposit of excess lottery proceeds into the Infrastructure Fund from $40 million to $30 million for fiscal year 2016 and to increase the percentage of such funds in the Infrastructure Fund which may be used to make grants from twenty percent to fifty percent for fiscal year 2016. Status: Completed Legislative Action

House Bill 2217.  Establishing that the state Commissioner of Labor must have training and experience with labor-management relations.  Status:  Approved by Governor 02/18/2015

House Bill 2227. Adding Lincoln and Kanawha counties as member counties of the National Coal Heritage Area Authority. Status: Approved by Governor 02/18/2015  

House Bill 2233. Requiring that legislative rules be reviewed five years after initial approval by the Legislative Rule-Making Review Committee and the Legislative Auditor's Office. Status: Senate 2nd Reading 03/13/2015

House Bill 2368. Requiring the Secretary of the Department of Health and Human Services to make annual reports to the Health and Human Resources Committees of the Senate and House of Delegates concerning child fatalities or near fatalities as documented by the Bureau for Children and Families Child Protective Services. Status: House Refused to Concur in Senate Amendments to Bill, Requesting Senate to Recede

House Bill 2457. Prohibiting the use of the name or likeness of elected or appointed officials on publicly-owned vehicles. Status: Completed Legislative Action Awaiting Governor's Consideration

House Bill 2576. Creating new code sections which separate the executive departments, designated §5F-2-1a through §5F-2-1l. (One provision affects the Secretary of Education and the Arts Office.) Status: Completed Legislative Action

House Bill 2663. Creating the Rehabilitation Services Vending Program Fund. Status: Senate 3rd Reading 03/13/2015

House Bill 2778. Establishing State Infrastructure Fund Program which would authorize the West Virginia Division of Highways to enter into cooperative agreements with United States Secretary of Transportation to establish infrastructure revolving funds.  Status: Completed Legislative Action 

 

Judiciary/Legal Issues

Senate Bill 37. Creating Revised Uniform Arbitration Act.Status: Senate Refused to Concur to House Amendments, Requesting House to Recede

Senate Bill 140. Amending State Administrative Procedures Act. Status: Completed Legislative Action

Senate Bill 344. Establishing adequate and reasonable amounts of compensatory and punitive damages that may be awarded in statutory and common law wrongful or retaliatory discharge and other employment law claims or causes of action. (The Bill Note refers to such as relating to limitations on back and front pay and punitive damages.) Status: Completed Legislative Action

Senate Bill 415. Adding  one circuit judge to each of the following judicial circuit: The Fifth Circuit (Mason, Jackson, Roane and Calhoun counties); the Tenth Circuit (Raleigh County); the Twenty-third Circuit (Morgan, Berkeley, and Jefferson Counties), and the Twenty-sixth Circuit (Lewis and Upshur Counties). Status: House 3rd Reading, Special Calendar 03/13/2015

Senate Bill 421. Relating to punitive damages in civil actions.Status: Completed Legislative Action

Senate Bill 479. Adding two family court judges to the family courts of the state; one in the sixth family court circuit (Cabell County) and one in the twenty-third family court circuit (Mineral, Hampshire and Morgan counties). These additional judges are allocated based upon the West Virginia Family Court Judge Workload Study conducted by the State Justice Institute of the National Center for State Courts. There are other provisions. Status: House 3rd Reading, Special Calendar 03/13/2015

Senate Bill 488. Reestablishing and modifying Broadband Deployment Council. Status: Completed Legislative Action

Senate Bill 580. According to the Bill Note, the purpose of this legislation is to revise the statute of limitations on actions by minors under the Medical Professional Liability Act to make the current statute consistent with other provisions of the code governing statute of limitations on claims by minors. Status: Completed Legislative Action

House Bill 2002. Relating to predicating actions for damages upon principles of comparative fault. (Comparative fault is a doctrine of tort law which permits plaintiff and defendant to compare their liability for the accident. It allows proportionate recovery if both the plaintiff and defendant were negligent and thereby contributed to the cause of an injury). Status: Approved by Governor 03/5/2015

House Bill 2010. Requiring the elections of justices of the West Virginia Supreme Court of Appeals, circuit court judges, family court judges and magistrates be nonpartisan and by division. Status: Completed Legislative Action   Awaiting Governor’s Consideration

 

Workers Compensation

House Bill 2011. Relating to disbursements from the Workers' Compensation Fund where an injury is self-inflicted or intentionally caused by the employer. Status: Senate Adopted. Requests House to Concur in Title Amendment  

County Governments

House Bill 2549.  Requiring the preparation and publication of county financial statements by October 15, instead of "within ninety days after the first session held after the beginning of each fiscal year."Status: Senate 3rd Reading 03/13/2015

Municipal Governments

Senate Bill 323. Extending municipal home rule to all Class I, Class II, and Class III municipalities, and allow participation of Class IV municipalities. House 3rd Reading, Special Calendar 03/13/2015

Miscellaneous

Senate Bill 559. Clarifying the exemptions provided by statute for social work licensing. Status: Completed Legislative Action

House Bill 2648. Permitting authorized entities to maintain a stock of epinephrine auto-injectors to be used for emergency treatment during anaphylactic reactions. Status: Completed Legislative Action

House Bill 2663. Creating the Rehabilitation Services Vending Program Fund. Status: Senate 3rd Reading 03/13/2015

 

Senate Bills

Employment

Senate Bill 12.  Relating to final pay for employees who are discharged, who quit or who resign from employment. In such cases, the final for work that the employee performed prior to the separation of employment on or before the next regular payday on which the wages would otherwise be due and payable. However, bonuses and other fringe benefits of employment, are not considered part of the compensation to be paid at the times specified in the legislation.  There are other provisions.  Status:  House 3rd Reading, Special Calendar, With Restricted Right to Amend 03/13/2015

 

Retirement

Senate Bill 302. The purpose of this bill is to add West Virginia Municipal Police Officers and Firefighters Retirement System (WVMPFRS) to the definition of “retirement plan” as it relates to disqualification for public retirement plan benefits; and to specify that TRS participants who elected to transfer from the TDC Plan (§18-7D) and whose benefits have been terminated for less than honorable service shall not be refunded any vested employer contributions transferred. Status: Approved by Governor 03/03/2015

Senate Bill 318. Relating to payment of wages by employers; and authorizing payment of employees twice a month. Status: House 2nd Reading, Special Calendar 03/13/2015

 Senate Bill 342. Clarifying the scope, application and methods for error correction required by the CPR as it relates to various state retirement systems, including both teachers retirement systems. Status: Completed Legislative Action

Senate Bill 529. Modifying  calculation of final average salary, employee contribution rate and number of months to equal a year of service credit and military service credit for members of the Public Employees Retirement System who first were employed by a participating employer on or after July 1, 2010 (newer members); to modify the rate of annual and sick leave conversion for additional service credit for newer members of the Public Employees Retirement System, State Police Retirement System and Teachers Retirement system, and to modify retirement age for newer members of the Public Employees Retirement System and the Teachers Retirement System.Status: House 2nd Reading, Special Calendar 03/13/2015

House Bill 2505. Clarifying that members of Deputy Sheriffs Retirement System, the Municipal Firefighters Retirement System, and the Emergency Medical Service  Retirement System first employed in covered employment can participate in only one retirement system administered by Consolidated Public Employment Retirement Board in  which the member has the earliest hire date. Additionally, the bill specifies that members of the Public Employees Retirement System, the State Police Retirement System (Plan B) and Teachers Retirement System members employed in an additional job in the DSRS, MPFRS or EMSRS must participate in and abide by the concurrent employment provisions of these systems as administered by (CERB). Status: Completed Legislative Action 

 

Child Welfare

Senate Bills

Senate Bill 510. Amending provisions of state law to comport with the obligations of the United States under the 2007 Hague Convention on Maintenance. According to the Bill Note, federal legislation enacted in 2014 requires all states to enact the 2008 UIFSA Amendments as a condition of continuing to receive federal funds for state child support programs. Failure to enact these amendments during the 2015 legislative session may result in a state’s loss of important federal funding. Status: House 2nd Reading, Special Calendar 03/13/2015

House Bills

House Bill 2200. Establishing the “West Virginia Child Welfare Act.”  This legislation revises, consolidates, and codifies the form and arrangement of state laws relating to child welfare. Status: Approved by Governor 02/19/2015

House Bill 2527. Creating a Task Force on Prevention of Sexual Abuse of Children; "Erin Merryn's Law." Status:  Completed Legislative Action

House Bill 2535. Relating generally to suicide prevention training. Status: House Adopted. Referred to Senate Education. Status: Completed Legislative Action   

 

House Bill 2797. Changing the term "mentally retarded" to "intellectually disabled;" and changing the term "handicapped" to "disabled,” Status: Completed Legislative Action 

Crimes

Senate Bill 523. Creating Alcohol and Drug Overdose Prevention and Clemency Act. (The bill essentially provides 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.) Status: House 2nd Reading, Special Calendar 03/13/2015

House Bill 2025. Prohibiting certain sex offenders from loitering within one thousand feet of a school or child care facility. Status: Approved by Governor 03/03/2015

House Bill 2263. Providing guidance for prosecuting attorneys in cases involving abused and neglected children. Status: Senate 2nd Reading 03/13/2015

House Bill 2366. Relating generally to the solicitation of minors. Status: Senate Laid over on 3rd Reading 03/12/2015

House Bill 2939. Relating to requirements for mandatory reporting of sexual offenses on school premises involving students. Status: Senate Requests House to Concur In Senate Amendment to Bill 03/12/2015

House Bill 3016. Creating a meth offender registry. Status: 2nd Reading, House Calendar 03/13/2015

Elections

House Bill 2628. Changing the date of filing announcements of candidacies to the first Monday after January 1, rather than the first Monday in January. Status: Senate requests House to Concur in Senate Amendments to Bill 03/11/2015 

 

Taxation

House Bill 2099. Providing a procedure for extending the time of meetings of local levying bodies when meetings are delayed because of circumstances beyond the control of a local levying body. The Secretary of State is authorized to extend the time of meetings of local levying bodies within sixty days of the original deadline and to adopt procedures and rules for approving extending time to meet as a levying body. Status: Approved by Governor 3/11/2015

House Bill 2212. Changing the amount of severance tax revenue annually dedicated to the West Virginia Infrastructure General Obligation Debt Service Fund.Status: Approved by Governor 03/03/2015  

House Bill 2562. Relating to sales tax increment financing.Status: Completed Legislative Action

House Bill 2968. Exempting from property tax certain properties in this state owned by nonprofit youth organizations. Status:  Completed Legislative Action 

Joint Resolutions

House


House Joint Resolution 13. The Homestead Exemption Increase Amendment. Status: House Adopted. Referred to Senate Government Organization then Senate Finance

Concurrent Resolutions

Senate

Senate Concurrent Resolution 39. Requesting Joint Committee on Government and Finance study Cedar Lakes Camp and Conference Center. Status: Senate Adopted. Referred to House Rules. http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=scr39%20intr.htm&yr=2015&sesstype=rs&i=39&houseorig=s&billtype=cr

 

 

Senate Concurrent Resolution 52. Requesting state Board of Education study teacher preparation programs. Status: Senate Rules. http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=scr52%20intr.htm&yr=2015&sesstype=rs&i=52&houseorig=s&billtype=cr

 

 

House

House Concurrent Resolution110.  Requesting the Joint Committee on Government and Finance to study reducing the State Board of Education budget and redirecting those funds toward increasing teacher salaries. Status: Referred to House Rules 03/11/02015 http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=hcr110%20intr.htm&yr=2015&sesstype=rs&i=110&houseorig=h&billtype=cr

House Concurrent Resolution 114. Requesting that the Joint Committee on Government and Finance study the circumstances where West Virginia home schooled students who have completed their course work should be authorized to take the GED test. Status: House Adopted. Communicated Action to Senate 03/12/2015 http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HCR114%20intr.htm&yr=2015&sesstype=rs&i=114&houseorig=h&billtype=cr

House Concurrent Resolution 115. Requesting the Joint Committee on Government and Finance to conduct a study on state funding for school bus replacement. Status: House Adopted. Communicated Action to Senate 03/12/2015

http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HCR115%20intr.htm&yr=2015&sesstype=rs&i=115&houseorig=h&billtype=cr

 House Concurrent Resolution 116. Requesting the Joint Committee on Government and Finance to conduct a study on appropriate limits on the number, time and uses of state summative assessments. Status: House Adopted.  Communicated Action to Senate 03/12/2015

http://www.legis.state.wv.us/Bill_Status/bills_text.cfm?billdoc=HCR116%20intr.htm&yr=2015&sesstype=rs&i=116&houseorig=h&billtype=cr

 

House Concurrent Resolution 122. Requesting the Joint Committee on Government and Finance authorize a study on increasing state government budget and spending transparency. Status: House Adopted. Communicated Action to House 03/12/2015

House Concurrent Resolution 139. Requesting the Joint Committee on Government and Finance study the policies regarding sexual violence, domestic violence, dating violence, and stalking at public colleges in the state. Status: House Adopted. Communicated Action to Senate 03/12/2015

House Concurrent Resolution 140. Requesting the Joint Committee on Government and Finance to conduct a study on public school finance. Status: House Adopted. Communicated Action to House 03/12/2015

House Concurrent Resolution 149. Requesting the Joint Committee on Government and Finance to study potential improvements to pensions for retired teachers and public employees who have been retired for ten or more years. Status: House Unfinished Business, Special Calendar 03/13/2015