From the Well | March 23, 2021

Prior to Ihlenfeld’s amendment, the bill was identical to HB 2725, which has stalled in the House Energy and Manufacturing Committee.

·     Broadband Grant Matching Fund

·     Wild Wonderful WV Fund – an open access pilot program for last mile broadband with nexus to health care & education

·     Broadband Provider Expansion Fund – providers extend to unserved & unfunded areas; provider must submit an affidavit that there are no other options and could receive $500 per home for wired or $2,000 per home for wireless.

This bill simply sets up the funds with a minimum of $1 million per fund. The funding source are appropriations from the Legislature. Disbursements will be on a first come, first serve basis. The bill passed but, upon request, it will also go to Finance.

Anyone who would like to sign up to speak during the hearing will need to call the House Finance Committee office at 304-340-3230 between 1-2 p.m. Wednesday, March 24.

Counties, municipalities, or other political subdivisions would not be prohibited from the regulation of firearms but would be prohibited from regulating them more stringently than the state.

Sen. Romano makes the point that the constitution already prohibits counties, municipalities, or other political subdivisions of the state from restricting the right to keep and bear arms. Consequently, an amendment to the constitution is superfluous. He moved to convert the resolution into a bill prohibiting political subdivisions from regulating firearms more stringently.

After a discussion with the chair about whether the Senator’s motion is appropriate, the motion was converted into a motion to postpone indefinitely consideration of the resolution. The motion failed.

Sen. Romano said he is unaware of an impediment to converting the resolution into a bill and renewed his desire to see the resolution converted into a bill. The Chair responded that he would need to confer with the Parliamentarian, and the bill was moved to the foot of the agenda.

After conferring with the Parliamentarian, the Chair ruled that a resolution may not be converted into a bill, as the motion was not germane to the contents of the resolution.

Art Thomm, representative for the National Rifle Association, spoke to the committee stating the Constitution is not precise in delineating all of the various subdivisions. He shared that the NRA wants to ensure what is occurring in the State of Virginia does not happen here. He argues that several municipalities attempted to regulate firearms prior to 2014.

The committee agreed to the language of the proposed committee substitute for SJR 1. Sen. Caputo noted that in reviewing the firearm legislation recently passed in Virginia, he found the legislation reasonable and in the best interests of public safety.

Sen. Phillips spoke in support of the resolution and suggested that the Gov. of Virginia was going after guns and he supported the resolution to make sure that doesn’t happen in West Virginia.

The SJR 1 was reported to the full Senate with a recommendation that it be adopted, but that it first be referred to the Committee on Finance.

 The committee agreed to language of an Originating SCR, urging Congress and the President to not infringe on the second amendment, and reported it to the full Senate.

·     restrict possession of firearms, ammunition and accessories;

·     confiscate firearms, ammunition, accessories, supplies, or personal weapons other than firearms;

·     limit or prohibit registration of any firearm or ammunition component or accessory;

·     suspend or revoke a license to carry a concealed deadly weapon or provisional license to carry a concealed weapon, except as expressly authorized;

·     refuse to accept a properly completed application for a license to carry a concealed deadly weapon or provisional license to carry a concealed deadly weapon,

·     close or limit the operating hours of any entity engaged in the lawful selling or servicing of any firearm, ammunition, accessories or other personal weapons, unless the closing or limitation of hours applies equally to all forms of commerce within the jurisdiction;

·     close or limit the operating hours of any indoor or outdoor shooting range;

·     place restrictions or quantity limitations on any entity regarding the lawful sale or servicing of any firearm or ammunition,

The bill also authorizes a prevailing party in a civil action for a violation of the law the right to recover actual, consequential or liquidated damages, and court costs.

Sen. Romano asks counsel whether, other than during Hurricane Katrina, has there has ever been an attempt to confiscate forearms during an emergency. Counsel is unaware of such a situation.

Sen. Rucker indicates that such circumstances did occur in Jefferson County last year.

Finally, Committee Substitute for SB419 , redefine “firearm” to match federal code. The bill excludes from the definition of “firearm” contained in the state’s criminal code:

·     Any “antique firearm,” being a firearm manufactured before 1898; or

·     Any replica of an “antique firearm”; or

·     Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition.

The committee adopted the committee substitute and reported it to the full Senate with a recommendation that it do pass.

Situational awareness: Adding a payer to the board may begin in what is known as the “Christmas tree” effect…if a hospital representative gets added, then a physician needs added, then a nurse, etc. Expanding the board may be a compromise for some legislators who would like to see it abolished.

Engrossed Committee Substitute for S. B. 398, limits eligibility of certain employers to participate in PEIA plans, passed the Senate 32-2.

According to this bill, beginning July 01, 2021, PEIA coverage is allowed only for “All mandatory participants, including the State of West Virginia, its boards, agencies, commissions, departments, institutions, or spending units. This includes, “Any county board of education or public charter school…”

Entities currently covered, like many local health departments, are grandfathered in for coverage. It now goes to the House.

Situational awareness: Once an exemption is in Code, it’s easy to expand it.

Engrossed Committee Substitute for SB509, removing requirement that determination of medical stability be found prior to admission to mental health facility was laid over for consideration tomorrow.

The bill removes the requirement a person involuntarily committed to a mental facility must first be declared mentally stable. Senators defeated by voice vote an amendment that would have returned the bill to its original status.

Charles Trump, Senate Judiciary Committee chairman said the bill returns the commitment practice to what was done for decades. Trump said the medically stable provision unduly ties up the time of police officers attempting to get individuals admitted to a state hospital when a health care provider is unavailable to make the medically stable determination.

The bill requires magistrates and mental hygiene commissioners to take a three-hour continuing education course to assist them in recognizing medical issues during the commitment process.