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Two pairs of companion bills were introduced in the House and Senate Monday that would reorganize the various boards and commissions governed by Chapter 30 of state code.
SB313, introduced by Sens. Maynard, Clements, Smith, Sypolt, and Swope, is a 345-page bill that divides Chapter 30 into three different chapters Each chapter is organized according to similar occupations. Its companion, HB4122 was introduced in the House by Delegate Dean Jeffries and nine other delegates.
In addition, Sen. Tarr joined those same senators in introducing SB318, which prohibits counties and cities from enacting local laws to require the registration, certification or licensing of any trade, occupation or profession. The House companion bill, HB 4145 was introduced by eight delegates with Geoff Foster as lead sponsor.
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HB4005 attempts to provide more protection for intellectual property and trade secrets. According to House Council, approximately 15 states have become more stringent than the Uniform Trade Secrets Act, including California and Texas. The bill defines intellectual property which is currently not defined in statute in a broader context than trade secrets are defined. Chairman Shott assigned the bill to subcommittee which includes Delegates Capito, Lovejoy, Foster, Nelson, and Byrd. Stakeholders for the bill will meet Wednesday at 3 p.m.
HB2602, described as a “greatest hit from the past” by House Counsel, adds the word “possess” to current code in order to close a loophole on stolen goods. Concern was expressed by the Recyclers Association that they are sometimes asked by law enforcement to buy known stolen goods in order to give the seller’s information to law enforcement. An amendment passed that will exempt scrap metal dealers and the bill was passed as amended.
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Among the bills introduced was SB314, which would require insurance policies to provide certain emergency allergy medicine to persons 18 years or younger. The medication, injectable epinephrine, would come at no cost for the individual as long as the medication has been prescribed. The bill has been referred to the Senate Committee on Banking and Insurance.
Another bill to be considered is SB317, which would create the Board for Professional Geologists. The Board would present rules for legislative approval, representing various geological interests in West Virginia. This bill has been referred to the Senate Government Organization Committee.
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The intention of HB3039 is to remove language from the current state code that limits the priority preference of children to ages 14 and older in family courts. The purpose of this bill is to expand the court’s consideration to children of all ages that meet the maturity requirement.
HB4004 would create the West Virginia Sentencing Commission and specify its powers and duties. The commission would be responsible for fulfilling needs for fair and uniform sentencing, a fair operation of the criminal justice system, established priorities regarding the severity of criminal offenses and the use of limited resources to fulfill the goal of criminal punishment. The purpose of this bill is to promote a better understanding of the state’s criminal justice sentencing system.
HB4007 is known as the Born-Alive Abortion Survivors Protection Act and was also advanced to the second reading and amendment stage.
HB4022 clarifies the qualifications for the Chancellor of the Higher Education Policy Commission, allowing the position to also serve simultaneously as the Chancellor of the Council for Community and Technical College Education.
HB4103 places the Office of Drug Control Policy under the direction and supervision of the Secretary of the Department of Health and Human Resources. Because of a bit of a turf war in 2017 when the Office of Drug Control Policy was created, it was placed under the direction of the Secretary of DHHR but it was under the supervision the State Health Officer. This bill changes the role of the State Health Officer from supervising to assisting with the Office.
In addition to the bills advanced, the House introduced 50 new bills Monday.
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The second bill discussed was SB35, which would limit the civil penalty for littering to $2,000 or less. Members discussed whether community service hours could be substituted for those who could not afford the fine, but committee staff explained that while certain exceptions can be made, the purpose of the bill is to pay for the investigation and cleanup of the litter. The bill goes to the full senate for passage.
The final bill, SB207, would create the Prosecuting Attorney’s Detectives Act, allowing prosecuting attorneys to hire detectives, provide compensation for prosecuting attorneys’ detectives, and establish the duties and powers of those detectives. The bill was adopted and goes to the full senate for passage.
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