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March 4, 2016 - Volume 36 Issue 8

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 13, 2016: First day of session. (WV Const. Art. VI, §18)

✓ Twentieth Day - February 1, 2016: Submission of Legislative Rule-Making Review bills due. (WV Code §29A-3-12)

✓ Forty-first Day - February 22, 2016: Last day to introduce bills in the Senate. (Senate Rule 14), does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions.

✓ Forty-second Day - February 23, 2016: Last day to introduce bills in the House. (House Rule 91a), does not apply to originating or supplementary appropriation bills, and does not apply to Senate or House resolutions or concurrent resolutions.

✓ Forty-seventh Day - February 28, 2016: Bills due out of committees in house of origin to ensure three full days for readings.

✓ Fiftieth Day - March 2, 2016: 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 12, 2016: Adjournment at Midnight. (WV Const. Art. VI, §22)

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

 

 

 

SENATE BILLS PASSED BY SENATE AND COMMUNICATED TO THE HOUSE

Key:   is a designation of bills deemed of especial importance to county boards of education or to officials of state higher learning institutions. 

 

Senate Bill 12 - Relating to County Local Powers Act. (This bill would allow county commissions to impose impact fees, services fees and other taxes in order to pay debt service on revenue bonds issued to finance capital improvements or to finance them on a pay-as-you-go basis, particularly as relating to roads. The measure allows county commissions and the Commissioner of Highways to enter into intergovernmental agreements for construction and modernization of state roads.)Status: Senate adopted. Referred to House.

Senate Bill 13 - Increasing penalties for overtaking and passing stopped school buses. Status: Senate adopted. 3rd Reading House Special Calendar.

Senate Bill 16 - Providing tax credit to the broadband provider provides broadband service to unserved areas. Status: Senate adopted. Referred to House Finance.

Senate Bill 25 - Providing selection procedure for state delegates to Article V convention. (According to the Bill Note, the legislation establishes a procedure for West Virginia to select delegates to an Article V Convention for proposing amendments to the U.S. Constitution.) Status: Senate adopted. Referred to House Judiciary. 

Senate Bill 32 - Relating to withdrawal of candidates for office and filling vacancies. (The measure establishes a notarization with the Secretary of State’s Office relative to withdrawal of candidacy.)Status: Approved by Governor.

Senate Bill 104 - Classifying Marshall University Forensic Science Center as a criminal justice agency. Status: Senate adopted. Referred to House Judiciary.

Senate Bill 105 - Creating Tim Tebow Act allowing nonpublic school student to participate in West Virginia Secondary Schools Activities Commission (WVSSAC) member school athletics. Status: Senate adopted. Referred to House Education, then House Judiciary.

Senate Bill 146 - Establishing instruction standards for early childhood education. Status: Completed legislation; referred to governor.

Senate Bill 252 - Amending Wiretapping and Electronic Surveillance Act excluding from protection oral communications. (According to the Bill Note, these provisions apply in instances where oral communications are uttered in a place where there are notices posted informing persons that their oral communications are being intercepted.)Status: Senate adopted. Referred to House Judiciary.

Senate Bill 261 - Bringing state code relating to daylight saving time in conformity with federal code. Status: Completed legislation; Approved by governor.

Senate Bill 267 - Modifying removal procedure for certain county, school district and municipal officers. Status: Senate adopted. Referred to HouseGovernment Organization, then House Judiciary.

Senate Bill 288 - Creating one-day special license for charitable events to sell nonintoxicating beer. (Bill provisions apply to charitable events wherein moneys are raised for artistic, athletic, charitable, educational or religious purposes.)Status: Senate adopted. Referred to House Judiciary, then House Finance. 

Senate Bill 293 – Establishing Neighborhood Investment Program Act. (The bill includes a section saying its provisions would apply to any region of the state with a poverty rate greater than the average statewide poverty rate as determined by the U.S. Census Bureau’s most recently published data. The purpose of the program is to various community-based services residents or disadvantaged citizens or a specifically designated group of economically disadvantaged citizens, or to individuals, groups or neighborhood in an economically disadvantaged area.)Status: Senate adopted. Referred to House Finance.

Senate Bill 299 - Creating Library Facilities Improvement Fund. Status: Senate adopted. Referred to House Education, then House Finance.

Senate Bill 309 - Exempting county parks and recreation commissions, boards and municipalities from licensure from child-care center licensing requirements. StatusCompleted legislation; Approved by governor.

Senate Bill 313 - Relating to school calendar and allowing unused accrued instructional time count toward 180-day requirement. Status: Senate adopted. Referred to House Education.

Senate Bill 315 - Providing for construction of statewide fiber optic broadband infrastructure network. Status: Senate adopted. Referred to HousePolitical Subdivisions, House Finance.

Senate Bill 326 - Repealing and recodify law relating to contributing to delinquency of minor child. Status: Senate adopted. Referred to House Judiciary.

Senate Bill 329 - Eliminating sunset provision for commission to study residential placement of children. Status: Senate adopted. House Judiciary (1st Reference House Health and Human Resources).

Senate Bill 346 - Updating projects managed by Project Management Office (state Office of Technology). Bill provisions would apply to major information technology projects estimated to cost more than $250,000. The bill would applies in cases where “major information technology projects would not include equipment-only or software only purchases in which labor is not necessary…” Status: Senate adopted. Referred to House Finance.

Senate Bill 369 - Reducing legislative education reporting requirements. Status: Completed legislation; Referred to governor.

Senate Bill 378 - Relating to truancy intervention. Status: Senate adopted. Referred to House Judiciary

Senate Bill 400 - Reducing amount of sales tax proceeds dedicated to School Major Improvement Fund. Status: Senate adopted. Referred to House Finance.

Senate Bill 403 - Relating to cooperative extension workers, eliminating statutory concerning  a requirement that a county cooperative extension committee enter into an agreement relating to the hiring of county cooperative extension workers. Status: Senate adopted. Referred to House Agriculture and Natural Resources, then House Government Organization.

Senate Bill 411 – Establishing theSecond Chance for Employment Act.” (The bill establishes a procedure for the expungement of certain felony convictions.  The bill prohibits the expungement of certain felony convictions, including those causing serious injury, those involving deadly weapons, certain assaults and batteries, domestic violence and sexual offenses.  There are other provisions.) Status: Senate adopted. Referred to House Industry and Labor, then House Judiciary.

Senate Bill 420 - Increasing tax rate on cigarette and tobacco products. Status: Senate adopted. Referred to House Finance. Rejected by House Finance.

Senate Bill 426 - Continuing Office of Coalfield Community Development. Status: Senate adopted. Referred to House Small Business, Entrepreneurship and Economic Development, then House Government Organization.

Senate Bill 438 - Requiring Department of Health and Human Resources (DHHR) be present at judicial proceedings. Status: Senate adopted. Referred to HouseJudiciary.

Senate Bill 459 - Requiring county board of education to pay tuition to Mountaineer Challenge Academy. Status: Senate adopted. Referred to House Education, then House Finance.

Senate Bill 461 - Updating WV Workforce Investment Act to the WV Workforce Innovation and Opportunity Act. Status: Senate adopted. Referred to HouseGovernment Organization.

Senate Bill 476 - Relating to driving restrictions in school zones. Status: Senate adopted. 3rd Reading House Special Calendar.

Senate Bill 483 - Providing Marshall County LSIC waiver. Status: Senate adopted. 3rd Reading House Special Calendar.

Senate Bill 484 - Relating to reemployment rights of military personnel. (Bill provisions would extend reemployment rights protection to members of the organized militia in the active service of another state. The measure also clarifies that the Uniformed Services Employment and Reemployment Rights Act of 1994 is considered to be the applicable federal law governing such. Its provisions would appear to apply to county boards.) Status: Senate adopted. Referred to House Judiciary.

Senate Bill 488 - Requiring the state Secondary School Activities Commission to manage hypertrophic cardiomyopathy. Status: Senate adopted. Referred to House Education. 

Senate Bill 504 - Relating to confidentiality of juvenile records. Status: Senate adopted. Referred to House Judiciary.

Senate Bill 516 - Relating to registration for selective service. Status: Senate adopted. Referred to House Veterans' Affairs and Homeland Security, then House Judiciary.

Senate Bill 517 - Clarifying PEIA plans that are exempt from regulation by Insurance Commissioner. Status: Senate adopted. Referred to House Banking and Insurance, then House Finance.

Senate Bill 520 - Allowing PEIA ability to recover benefits or claims obtained through fraud. Status: Senate adopted. Referred to House Judiciary.

Senate Bill 593 - Clarifying disqualification from unemployment benefits. Status: Senate adopted. Referred to House Judiciary.

Senate Bill 594 - Requiring State Auditor consider for payment claim submitted by electronically generated invoice. StatusCompleted legislation.

Senate Bill 622 – Changing composition of PEIA Finance Board. Status: Senate adopted. Referred to House Government Organization.

Senate Bill 626 - Requiring DHHR secretary seek waiver within Supplemental Nutrition Assistance Program limiting purchases under WIC program. Status: Senate adopted. Referred to House Health and Human Resources.

Senate Bill 631 - Authorizing higher education boards of governors develop retirement and incentive packages. Status: Senate adopted. Referred to House Finance.

Senate Bill 656 - Creating Upper Kanawha Valley Resiliency and Revitalization Program. Status: Senate adopted. Referred toHouse Government Organization.

Senate Bill 669 - Requiring proficiency in civics as condition for high school or GED diploma. Status: Senate adopted. Referred to HouseEducation.

Senate Bill 703 - Relating to deposit of overpayment of certain fees into Children's Trust Fund. (These provisions apply to fees collected by the Secretary of State’s Office).  Status: Senate adopted.  Referred to House Judiciary.

 

HOUSE BILLS PASSED HOUSE AND COMMUNICATED TO SENATE

Key:   is a designation of bills deemed of especial importance to county boards of education or to officials of state higher learning institutions. 

 

House Bill 2110 - Relating generally to the tax treatment of manufacturing entities. (The legislation relates generally to the tax treatment of manufacturing entities generally. The measure amends the definition of manufacturing for purposes of special method for appraising qualified capital additions to manufacturing facilities for property tax purposes. There are several bill sections.) Status: House adopted. Referred to Senate Finance. 

House Bill 2147 - Requiring the circuit court, when appointing counsel for alleged protected persons, to make appointments from a listing of all interested attorneys in the circuit.  Status: House adopted.  Referred to Senate Judiciary.

House Bill 2202 - Relating to more equitable disbursement of funds to county boards. Status: House adopted. Referred to Senate Education, then Senate Finance. 

House Bill 2366 - Relating generally to the solicitation of minors. Status: House adopted. Referred to Senate Judiciary.  

House Bill 2474 - Relating to the compensation of personnel employed at the West Virginia Schools for the Deaf and the Blind. Status: House adopted. Referred to Senate Education, then Finance. 

House Bill 2605 - Removing the limitation on actions against the perpetrator of sexual assault or sexual abuse upon a minor. Status: House adopted. Referred to Senate Judiciary. 

House Bill 2795 -Providing that when a party's health condition is at issue in a civil action, medical records and releases for medical information may be requested and required without court order. Status: House adopted. Referred to Senate Judiciary. 

House Bill 2960 - Permitting county boards of education to develop emergency preparedness drills in schools. Status: House adopted. Referred to Senate Education. 

House Bill 2963 - Expanding the definition of kidnapping (by adding language in relation to taking or gaining custody of, confining, or concealing another person by duress, fraud, deceit, misrepresentation or enticement). Status: House adopted. Referred to Senate Judiciary.  

House Bill 3019 - Requiring official business and records of the state and its political subdivisions be conducted in English. Status: House adopted. Referred to Senate Government Organization.

House Bill 4005 - Repealing prevailing hourly rate of wages requirements. Status: Legislature adopted. Governor vetoed; Veto overridden.

House Bill 4009 -Letting Our Counties Act Locally Act. (The primary purpose of this legislation is to authorize county commissions to develop road construction project plans. There are multiple provisions.) Status: House adopted. Referred to Senate Judiciary, then Finance.

House Bill 4013 - Requiring a person desiring to vote to present documentation identifying the voter. Status: House adopted. Referred to Senate Judiciary. 

House Bill 4014 - Preventing the State Board of Education from implementing common core academic standards and assessments. Status: House adopted. Referred to Senate Education. 

House Bill 4031 - Requiring agencies to respond to public comments received during the rule-making process. Status: House adopted. Referred to Senate Government Organization.

House Bill 4038 - Relating to insurance requirements for the refilling of topical eye medication. Status: House adopted. Referred to Senate Health and Human Resources

House Bill 4040 - Regulating step therapy protocols in health benefit plans. Status: House adopted. Referred to Senate Health and Human Resources.

House Bill 4146 - Providing insurance cover abuse-deterrent opioid analgesic drugs. Status: Senate 2nd Reading.

House Bill 4147 - Making 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. Status: House adopted. Referred to Senate Education, then Senate Finance.

House Bill 4151 - Making a supplementary appropriation to the Department of Education (“School Lunch Program”). Status: House adopted. Referred to Senate Finance.

House Bill 4171 - Relating to the public school calendar. Status: House adopted. Referred to Senate Education.

House Bill 4175 - Relating generally to home schooling. Status: Completed legislation. Referred to governor. 

House Bill 4183 - Relating generally to reporting opioid overdoses. Status: House adopted. Referred toHealth and Human Resources

House Bill 4213 – Establishing Uniform Deployed Parents Custody and Visitation Act. Status: House adopted. Referred to Senate Judiciary.

House Bill 4225 - Relating to patriotic displays at public buildings. (The bill essentially encouragespublic officials to display the national motto on public property. Editor’s Note: Similar legislation was vetoed by the governor last year due to an erroneous Code reference to a defunct state agency that would oversee the initiative.) Status: Adopted by the House. Referred to Senate Government Organization.

House Bill 4237 – Establishing theSupporting and Strengthening Families Act.” Status: House adopted. Referred to Senate.

House Bill 4239 - Relating to construction of a modern highway from Pikeville, Kentucky to Beckley, West Virginia. Status: House adopted. Referred to Senate Transportation and Infrastructure, then Senate Finance.

House Bill 4240 - Relating to the Uniform Controlled Substances Act (including providing mandatory minimum sentences for trafficking drugs into the state and for other drug offenses). Status: House adopted. Referred to Senate Judiciary. 

House Bill 4246 Changing the Martinsburg Public Library to the Martinsburg-Berkeley County Public Library. Status: House adopted. Referred to Senate Government Organization.

House Bill 4261 - Prohibiting the sale or transfer of student data to vendors and other profit making entities. Status: House adopted. Referred to Senate Education.

House Bill 4291 -   Increasing penalties for teachers who commit sexual offenses against children. Status: House adopted. Referred to Senate Education, then Senate Judiciary. 

House Bill 4295 - Relating to the School Innovation Zones Act. Status: House adopted. Referred to Senate Education, then Senate Financed.

House Bill 4301 - Relating to a framework for initiating comprehensive transformation of school leadership. Status: House adopted. Referred to Senate Education, then Senate Finance.

House Bill 4310 - Relating to the West Virginia University Institute of Technology. Status: House adopted. Referred to Senate Education.

House Bill 4314 - Prohibiting the sale of powdered or crystalline alcohol. Status: House adopted. Referred to Senate Judiciary.

House Bill 4316 - Relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification. Status: House adopted. Referred to Senate Education.

House Bill 4317 - Limiting factors in parenting plans. (Relating to foster care in particular, this legislation establishes “limiting factors in parenting plans,” especially to clarify the court’s consideration of fraudulent reports of domestic violence and child abuse when “imposing” a parenting plan. According to the Bill Note, the legislation is designed, in these instances, to “protect a child from harm…”). Status: House adopted. Referred to Senate Judiciary.

House Bill 4322 - Expanding the “Learn and Earn Program.” Status: House adopted. Referred to Senate Education.

House Bill 4324 - Authorizing information sharing by Workforce West Virginia. Status: House adopted. Referred to Senate Government Organization

House Bill 4347 - Providing pregnant women priority to substance abuse treatment. Status: House adopted. Referred to Senate Health and Human Resources.

House Bill 4351 - Transferring the Cedar Lakes Camp and Conference Center from the West Virginia Board of Education to the Department of Agriculture. Status: House adopted. Referred to SenateGovernment Organization.

House Bill 4362 - Establishing a felony offense of strangulation. Status: House adopted. Referred to Senate Judiciary.

House Bill 4364 - Establishing Internet Privacy Protection Act. Status: House adopted. Referred to Senate Judiciary.

House Bill 4378 - Relating to access to and receipt of certain information regarding a protected person by certain relatives of the protected person. (In this instance, ‘protected person’ is a term related to guardianship or conservatorship.) Status: House adopted. Referred to SenateJudiciary.

House Bill 4383 - Making individuals responsible for the costs relating to the filing of excessive false complaints. (This measure apparently applies to state agencies and addresses filing of employment-related cases against agency managers or administrators.)Status: House adopted. Referred to Senate Judiciary.

House Bill 4433 - Relating to allowance of an  adjustment to gross income for calculating the personal income tax liability of retirees receiving pensions from defined-benefit pension plans that have been terminated with a consequent reduced benefit. (The tax benefit would terminate after the January 1, 2021, taxable year.)  Status: House adopted. Referred to Senate Finance.

House Bill 4445 - Relating to the adoption of instructional educational resources. Status: Passed House. Referred to Senate Education.

House Bill 4461 - Relating to School Building Authority School Major Improvement Fund eligibility. Status: House adopted. Referred to Senate Education, then Senate Finance.

House Bill 4466 - Relating to public school support. Status: House adopted. Referred to Senate Education, then Senate Finance. 

House Bill 4467 - Including financial aid planning and completion of the Free Application for Federal Student Aid in secondary school instruction in personal finance. Status: House adopted. Referred to Senate Education.

House Bill 4470 - Expanding newborn testing to include Adrenoleukodystrophy. Status: House adopted. Referred to Senate Health and Human Resources.

House Bill 4480 -   Establishing the Ryan Brown Addiction Treatment Act. (The bill places limitations on prescribing products containing buprenorphine, whether with or without naloxone. Buprenorphine is defined as an opiate used medicinally as a powerful analgesic.)  Status: House adopted. Referred to Senate Health and Human Resources.

House Bill 4487 - Relating to state retirement systems. (The measure makes technicalcorrections in a 2015 law affecting several state retirement systems.) Status: House adopted. Referred to Senate Pensions, then Senate Finance.

House Bill 4489 - Relating generally to human trafficking. Status: House adopted. Referred to Senate Judiciary.

House Bill 4507 - Providing 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. Status: House adopted. Referred to Senate Military, then Senate Judiciary.

House Bill 4521 - Modifying the requirements that allow a child witness to testify by closed circuit television. Status: House adopted. Referred to Senate Judiciary.

House Bill 4566 - Relating to school personnel. A primary intent of this legislation is to adjust the final deadlines for county board personnel actions to May 1. Other dates are realigned accordingly.(There are several other provisions.) Status: House adopted. Referred to Senate Education. 

House Bill 4572 - Excepting specialized contract instructors from the definition of teacher. Status: House adopted. Referred toEducation.

House Bill 4578 - Creating a criminal offense of conspiracy to violate the drug laws. Status: House adopted. Referred to Senate Judiciary.

House Bill 4604 - Relating to violations of the Ethics Act. (The measure wouldlessen the burden of proof from a “beyond a reasonable doubt” standard to a “clear and convincing” standard as the needed proof to sustain an allegation of a violation of the Ethics Act. The bill also would lengthen the statute of limitations in which to bring a complaint under the Ethics Act from the current two years, to five years. The bill also establishes a deadline on of one year for the Ethics Commission to investigate and make a determination as to probable cause of a violation of the Ethics Act.) Status: House adopted. Referred to Senate Judiciary.

House Bill 4605 - Prohibiting contracting with a state agency unless business entity submits disclosure of interested parties. Status: House adopted. Referred to Senate Judiciary.

House Bill 4606 - Relating to the recusal of certain public officials from voting for appropriation of moneys to nonprofit entities. (Under terms of the measure,public officials, except members of the Legislature, would be required to recuse themselves from voting on the appropriation of moneys or award of contract to a nonprofit corporation if the public official or an immediate family member is employed by or an officer or board member of the nonprofit, whether compensated or not. Additionally, this prohibits mayors and members of a municipality’s governing body or council from being employed by the municipality.) Status: House adopted. Referred to Senate Judiciary.

House Bill 4607 - Adding violations of law upon which a public servant’s retirement plan may be forfeited. Status: House adopted. Referred to SenatePensions, then Senate Judiciary.

House Bill 4612 - Relating generally to tax increment financing and economic opportunity development districts. (The measure would permittax increment financing for the funding road projects in West Virginia.) Status: House adopted. Referred to Senate Finance.

House Bill 4617 - Authorizing legislative rules of the Higher Education Policy Commission regarding the Underwood-Smith Teacher Scholarship Program and Nursing Scholarship Program. Status: House adopted. Referred to Senate Education.

House Bill 4618 - Relating to limitations on use of a public official's name or likeness. Status: House adopted. Referred to Senate Judiciary.

House Bill 4633 - Requiring the Division of Juvenile Services to transfer to a correctional facility or regional jail any juvenile in its custody that has been transferred to adult jurisdiction of the circuit court and who reaches his or her 18th birthday. Status: House adopted. Referred to Senate Judiciary.

House Bill 4636 - Increasing the penalties for violating the Whistle-blower Law. Status: House adopted. Referred to Judiciary.

House Bill 4655 - Prohibiting insurers, vision care plan or vision care discount plans from requiring vision care providers to provide discounts on non-covered services or materials. Status: House adopted. Referred to Senate Banking and Insurance, then Senate Judiciary.

House Bill 4706 - Relating to county board regional meetings. Status: House adopted. Referred to Senate Education.  

House Bill 4724 - Relating to adding a requirement for the likelihood of imminent lawless action to the prerequisites for the crime of intimidation and retaliation. (The stated purpose of this bill is to add the provisions of Brandenburg v. Ohio, 395 U.S. 4441969 which, according to the Bill Note, clarifies that threats against public officials are actionable only in such instances where such threats are likely to incite or produce such imminent lawless action.) Status: House adopted. Referred to Senate Judiciary.

House Bill 4725 -  Relating to providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate and making certain clarifications. Status: House adopted. Referred to SenateJudiciary.

House Bill 4727 - Relating to state plan amendments. (The measure relates tolegislative oversight of the Intellectual/Developmental Disabilities Waiver Program.) Status: House adopted. Referred to Senate Health and Human Resources.

House Bill 4730 - Relating to computer science courses of instruction. Status: House adopted. Referred to Senate Education.

House Bill 4731 - Relating to requiring comprehensive drug awareness and prevention program in all public schools. Status: House adopted. Referred to Senate Education.

House Bill 4733 - Relating to requiring the Commissioner of Highways to develop a statewide communications plan known as the Comprehensive Public Involvement Plan. (One provision would require the DOH to utilize multimedia outlets to inform the public of known or anticipated disruptions in traffic patterns.) Status: House adopted. Referred to SenateTransportation and Infrastructure, then Senate Government Organization. 

House Bill 4735 - Relating to the definition of health care provider, and clarifying that speech-language pathologists and audiologists are two separate providers. Status: House adopted. Referred Senate Judiciary.