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WRAP-UP
The Newsletter of the West Virginia Legislature
Volume XXIX, Issue 5 - February 20, 2018


Co-Tenency Modernization and Majority Protection Act Passes House

Amendment Passes to Help Fund PEIA


STAFF
A bill that has attempted to make its way through the Legislature previously might see some movement this session.

A public hearing on House Bill 4268 was held in the House Judiciary Committee this week. The bill, dealing with co-tenancy of land, has been introduced in some form for several years. HB 4286 was discussed at length in the House on Wednesday, during second reading or better known as the amendment stage. Several amendments were offered, with four being adopted on the floor.

“This bill would force us all to sell our property, not at a price we want, but one chosen,” said Delegate Barbara Fleischauer, D-Monongalia. “My property, under this bill, could be sold – gone, disappeared.”

Four amendments to the bill were adopted.

Delegate Phil Isner, D-Randolph, offered an amendment to use money from re-claiming abandoned wells to create a funding source for PEIA. He said it would not harm the bill, however, Delegate John Shott, R-Mercer, said he opposed the amendment.

“Part of the goal of dealing with PEIA is to find a predictable source, there’s no way to predict what’s going to come out of this,” Shott said. “We have thousands of abandoned wells in this state, we have a fund in existence to address that.” Isner’s amendment was adopted.

An amendment offered by Delegate Mike Folk, R-Berkeley, was adopted. Folk said the amendment was intended to handle family disputes, requiring a certain number of people be involved before a percentage of ownership kicks in. The amendment was adopted.

The bill has promise over in the Senate, as Democrat Sen. Glenn Jefferies, D-Putnam, said he would back the co-tenancy legislation.

On Thursday, the bill was up for passage, and Judiciary Chairman Shott said the bill’s purpose deals with co-owners of a single track.

“Nobody has any higher rights than anybody else, all co-owners have equal rights to the property,” he said. “This bill creates a method to resolve the deadlock with a small minority wishes to refrain from participating and deny the majority of 75 percent or more from utilizing their asset and getting a benefit out of it.”

The bill was passed in the House 60-40. The Senate received the House message on the legislation Friday, referring it to two committees before it will be considered before the full Senate.

 


Bills Passed from the Senate

As of 4:00 p.m. Friday, February 16, 2018, the 38th day of the regular session of the 83rd legislature 583 bills have been introduced to the Senate. Of those bills, 114 have passed and have been sent on to the House for further consideration.

Senate Bill 36 would allow the State Police to outsource the DNA testing for criminal identification, sexual assault kits, case work and human remains to Marshall University Forensic Science Center.

Senate Bill 57 would require attorney source payment to be disclosed in certain hearings.

Senate Bill 272 would make changes to existing law regarding reporting of drug overdoses, creates an overdose response pilot project, and requires initial responders to carry an opioid antagonist.

Senate Bill 273 would create the Opioid Reduction Act. It will require physicians to counsel patients before they are prescribed opioids by explaining the risks and telling the patients that they are also allowed to request to not be prescribed opioids.

Senate Bill 288 would regulate cremation, embalming and directing of funeral service.

Senate Bill 290 would relate to Department of Environmental Protection standards of water quality and effluent limitations.

Senate Bill 321 would require the Public Land Corporation to remit the proceeds of public land sales and rents, royalties, and other payments from mineral leases, less any costs or fees incurred by the corporation, to the agency, institution, division, or department that was allocated or using the public land.

Senate Bill 341 would create the W. Va. Intermediate Court of Appeals. The Court would be made of two districts divided by county lines with three judges per district. The Court would have final say over cases regarding family court cases, circuit court civil cases, administrative agencies, and worker's compensation on cases entered after June 30, 2019. The Judges in the court would be appointed by the Governor and approved by the Senate.

Senate Bill 347 would clarify and elaborate on existing requirements regarding motorboat numbering, lighting, fire extinguishers, engine bilges and flotation devices.

Senate Bill 348 would allow for the disposal of Natural Resources police officer and special Natural Resources Police officer service weapons when the weapons are replaced due to routine wear; and to change the designation of service weapon from revolver to weapon.

Senate Bill 355 would dissolve the Information Services and Communications Division and transfer its functions to the Office of Technology.

Senate Bill 358 would add a $25 fee in the Magistrate Court for Clerk’s office criminal bond processing.

Senate Bill 365 would continue the Young Entrepreneur Reinvestment Act, which waives the required payment of certain fees related to starting certain types of businesses when those businesses are started by an individual under the age of 30. The Act was originally given a sunset date of two years but would be continued under S.B. 365.

Senate Bill 368 would end the annual renewal of consumer credit, debit or other third-party payment accounts without the consumer’s express consent.

Senate Bill 370 would exempt unpaid volunteers at ski areas from workers compensation benefits.

Senate Bill 375 would replace the farmers market permit with the farmers market vendor permit, which costs $35 and is valid statewide for selling farm and food products and cottage foods. The permits would be registered with the Department of Agriculture which will be given authority to establish regulations permitting the sampling of certain farm and food products at farmers markets by vendors. The bill clarifies that local health departments retain authority to inspect and suspend food establishment permits, but not farmers markets as they fall under the Department of Agriculture.

Senate Bill 392 would reconfigure the Emergency Medical Services Advisory Board. The Board would now be made of one person representing emergency medical services training officers or representatives and two people representing emergency medical services supervisors or administrators.

Senate Bill 397 would criminalize misrepresenting oneself as disabled or misrepresenting that a non-service animal is, in fact, a service animal.

Senate Bill 407 would update definitions in chapter 49 of the Code and update the Code to match new requirements from the federal Child Care and Development Block Grant.

Senate Bill 408 would update the requirements for nursing homes and assisted living residences.

Senate Bill 411 would eliminate the position of the Commissioner of the Bureau for Public Health from the State Board of Sanitarians.

Senate Bill 427 would require the Secretary of State to provide a written notice – by certified mail – only to tax payers whose delinquency is over $1,000.

Senate Bill 433 would rewrite code sections regarding pyramid promotional schemes. The bill would add language redefining the terms “promote” and “pyramid promotional scheme” and adds more definitions to the section. The bill prohibits the establishment, promotion or operation of any pyramid promotional schemes as defined in the bill and sets forth requirements for recruiting literature, sales manuals and contracts. It also specifies inventory to which a bona fide inventory repurchase program is not required to apply.

Senate Bill 440 would create a new fund administered by the W. Va. Library Commission, the “Library Facilities Fund”. The Fund can be used “to support public library facilities construction, renovation, maintenance, and improvement projects” and to support energy savings and critical maintenance projects.

Senate Bill 441 would continue the tax rate for the health care provider tax on certain acute care hospitals, and require that any funds remaining in the Directed Payment Program after June 30, 2018 and all subsequent June 30, be transferred to the Medical Services Fund.

Senate Bill 446 would create the Agritourism Responsibility Act. It would authorize the Commissioner of Agriculture to devise means of advancing agritourism. The Act would require businesses to advise participants in advance of the inherent risk of activities, but the employees and volunteers of the business are not liable for injury or death of participants from the inherent risks. Businesses would also be allowed to use certain facilities for events without complying with building codes provided the facilities are deemed structurally sound and otherwise safe for the intended use.

Senate Bill 458 would prohibit political subdivisions from enacting regulations or legal requirements relating to employer-employee relationship.

Senate Bill 461 would extend the time to file petition for motor fuel excise tax refund.

Senate Bill 464 would change the date the State pays the annual increment to certain employees to “on or before July 31” of each year.

Senate Bill 468 would require the State Auditors annual report to be furnished to the Governor, Speaker of the House, and Senate President no later than February 1.

Senate Bill 469 would make the Addiction Treatment Pilot Program a permanent program.

Senate Bill 473 would require insurance providers to cover the cost of the prescription drug Varenicline, also known as Chantax.

Senate Bill 495 would designate specific insurance coverages exempt from rate filing requirements.

Senate Bill 498 would create a two-year pilot program allowing all-terrain or recreational vehicles in Cabwaylingo State Forest.

Senate Bill 524 would make technical corrections to §3-1-5.

Senate Bill 525 would transfer EMT licensure from its current place in Code to Miner’s Health, Safety and Training.




Bills Passed from the House

As of 4:00 p.m., Friday, February 16, 2018, the 38th day of the second regular session of the 83rd Legislature, 1,134 bills have been introduced in the West Virginia House of Delegates. Of those bills, 86 have passed and have been sent to the Senate for further consideration. All of these bills have passed this week:

House Bill 2694 relates to the development and implementation of a program to facilitate commercial sponsorship of rest areas. The proposed bill is a carry-over from 2017 and is nearly identical to Com Sub for HB2694 (2017 RS) which was passed by the House during the 2017 legislative session and died on 3rd reading in the Senate.

House Bill 2841 would require board members to have attended a board meeting to be compensated for the meeting. The bill requires the member to attest to his or her attendance and it be witnessed. The bill requires records be kept for at least five years.

House Bill 2995 would permit certain animal euthanasia technicians who have been certified by other states be certified animal euthanasia technicians in West Virginia.

House Bill 3104 would transfer the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund to the Department of Health and Human Resources and would abolish the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund Board.

House Bill 4015 relates to the management and continuous inventory of vehicles owned, leased, operated, or acquired by the state and its agencies. The bill would establish the Fleet Management Office within the Department of Administration to create and maintain a centralized vehicle inventory system.

House Bill 4024 relates generally to direct cremation or direct burial expenses for indigent persons. The bill would amend the provisions of the West Virginia Code relating to funeral expenses for indigent persons and repeal provisions relating to the liability of relatives for support.

House Bill 4142 would provide certain employees of the Division of Corrections, Division of Juvenile Services, and West Virginia Regional Jail and Correctional Facility Authority a salary adjustment. employees of the Division of Corrections, Division of Juvenile Services, and the West Virginia Regional Jail and Correctional Facility Authority who are employed as a correctional officer, a correctional trainer, a parole officer, or at a correctional center or complex, a regional jail, or a juvenile detention or corrections facility would see an increase in annual pay of $2,000 starting July 1, 2018. Additional raises of $2,000 each would be given again in July 2019 and July 2020.

House Bill 4268 is the Co-tenancy Modernization and Majority Protection Act. Under the bill, a majority of at least 75% of the undivided interest owners of the oil and gas, who consent, would be able to exercise their right to develop an oil and gas mineral property over the objections of a minority of cotenants totaling less than 25% of the undivided interests who refuse to consent to a lease. The 75% majority of consenting cotenants would also be free to exercise their rights to develop despite the existence of a minority of cotenants whose identity or location is unknown.

House Bill 4361 would bestow the West Augusta Award upon each West Virginian graduating from U. S. Military Academies with the highest grade point average.

House Bill 4402 relates to the prevention of sexual abuse of children. The bill requires that, beginning July 1, 2019, children in grades K-12 would receive body age-appropriate safety information at least once per academic school year, with a preference for four times per academic year.

House Bill 4462 allows off duty members and officers of the department of public safety to guard private property. The bill would amend West Virginia Code in §15-2-18 by removing the prohibition on officers or members of the department of public safety from hiring himself or herself to guard private property.

HEROINE DOCUMENTARY
HEROIN(E) Documentary Recognized
The House of Delegates presented a citation to the Producers/Director and one of the subjects of an Oscar nominated documentary highlighting the efforts of three women in Huntington, WV and their fight against the drug epidemic gripping that area. Necia Freeman, a relator and founder of Brown Bags and Backpacks ministry, as well as filmmakers Elaine McMillon Sheldon and Kerin Sheldon were on hand to receive the citation.
PHOTO: Perry Bennett
Wrap-up, 2018 Edition:
Vol. XXIX, Issue 5 (02/20/18) - Web Version
Vol. XXIX, Issue 4 (02/12/18) - Web Version
Vol. XXIX, Issue 3 (02/02/18) - Web Version
Vol. XXIX, Issue 2 (01/30/18) - Web Version
Vol. XXIX, Issue 1 (01/24/18) - Web Version

Wrap-up, 2017 Edition:
Vol. XXVIII, Issue 7 (04/01/17) - Web Version
Vol. XXVIII, Issue 6 (03/27/17) - Web Version
Vol. XXVIII, Issue 5 (03/17/17) - Web Version
Vol. XXVIII, Issue 4 (03/10/17) - Web Version
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Vol. XXVIII, Issue 2 (02/24/17) - Web Version
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Wrap-up, 2016 Edition:
Vol. XXVII, Issue 6 (03/07/16) - Web Version
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Wrap-up, 2015 Edition:
Vol. XXVI, Final Issue (June 2015) - Web Version
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Wrap-up, 2014 Edition:
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Wrap-up, 2010 Edition:
Vol. XXI, Final Issue (04/07/10) - Download
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Wrap-up, 2009 Editions:
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Wrap-up, 2008 Editions:
Vol. XIX, Final Issue (04/14/08) - Download
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Wrap-up, 2007 Editions:
Vol. XVIII, Final Issue (04/16/07) - Download
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Vol. XVII, Final Issue (05/18/06) - Download
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Download Wrap-up, 2004 Editions:
Vol. XV, Final - 05/04
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Download Wrap-up, 2003 Editions:
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Vol. XIV, Issue 3 - 01/29/03
Vol. XIV, Issue 2 - 01/22/03
Vol. XIV, Issue 1 - 01/16/03
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