Final two weeks

 

To ensure they have three full days for readings, Sunday was the last day for bills to emerge from committees in the house from where they originated. Wednesday is “cross-over day,” the last day to consider bills on third reading. The regular session concludes at midnight Saturday, April 10.

 

Guns on capitol complex

 

HB2275, allowing concealed carry of firearms on capitol complex grounds, generated some confusion in House Judiciary about what constitutes the capitol complex grounds. It is not defined in the bill. The bill doesn’t authorize carrying weapons into the capitol complex building but Del. Pushkin amended the bill to include that. He said, “What’s good for the goose is good for the gander,” noting they have allowed laws like this everywhere so why not here. “Why are we just protecting ourselves?” Pushkin asked. Others agreed that it’s hypocritical to create a safe harbor for themselves but allow guns everywhere else in the state. The amendment was amended to add enforcement language regarding prohibited persons carrying a firearm in the Capitol buildings. It was determined that capitol police have the ability to identify a prohibited person. The amendment to the amendment was adopted, as was the original amendment. The amended bill as passed would allow firearms on capitol complex grounds and in buildings.

 

Education – Organ Donation

 

SB470, passed by Senate Judiciary on Friday, limits the release of unpublished telephone numbers of judicial officers, prosecutors and law-enforcement officers, maintained by state agencies, to ensure the safety of them and their families.

 

Sen. Mike Woelfel, D-Cabell, explained the genesis for the bill was the death of a New Jersey federal judge and her son, who were shot by a Manhattan lawyer who had disguised himself as a FedEx driver for his attack. Judge Tom Kleeh joined the meeting virtually to discuss reasons he thinks the bill is necessary. The bill was amended to add a criminal misdemeanor sanction, and the bill was passed by the committee.

 

Taxation

 

On Friday, Senate Judiciary passed a Committee Substitute for SB530. The bill implements the recommendations of the Legislative Auditor by establishing causes for revocation, cancellation, or suspension of a business registration certificate, directing means of notice and opportunity for cure, and specifying effective date.

The committee reported the committee substitute to the full Senate with a recommendation that it pass, and it was read a first time during the Saturday floor session.

 

HJR3 as passed by House Judiciary would bring to the ballot of the 2022 general election the issue of enhancing legislative authority for taxation for personal property such as machinery and equipment used in business.

Jonathan Adler, executive director of the WV Association of Counties, said they were concerned about the fiscal impact which could be hundreds of millions of dollars. “WV has the highest percentage of home ownership in the country at 75%,” Adler said, “And the money would have to be made up by raising real property taxes.”

 

Actions, Suits & Liens

 

Senate Judiciary passed Engrossed Committee Substitute for HB2495, which clarifies procedures for the handling of asbestos and silica litigation. The bill enhances the ability of the judicial system to manage such litigation by requiring additional information to verify that there is a factual basis for each claim against each defendant; ensures that defendants are not subject to liability for later-added asbestos-containing products manufactured or sold by third parties; and allows for consolidation of asbestos or silica actions at trial with the consent of all parties.

John Hurst, of the law firm Motley Rice, who represent plaintiffs, answered questions about the impact the bill will have on claimants. He addressed practical aspects of bill, but is comfortable with the bill because its contents have been the subject of negotiations with the stakeholders.

The committee also passed SB674, which clarifies that unpaid restitution need not preclude a person from obtaining a valid driver’s license; establishing procedures to obtain a lien against a person who owes restitution and procedures for removing a lien.

The committee reported both bills to the full Senate with a recommendation that they pass. SB674 was read the first time during the Saturday Senate Floor Session.

 

Humble pepperoni roll official state food

 

On Friday, the House passed HCR34, declaring the “pepperoni roll” to be the official State Food of West Virginia. The resolution honors the pepperoni roll and its humble beginnings by stating, “the simple-to-make pepperoni roll is more than the sum of its parts, every single bite is filled with soft, warm bread infused with flavor from the freshly cut, delicately seasoned pepperoni; and

Whereas, Philadelphia may have its cheese steak and New York its bagels, the pepperoni roll was first created in Fairmont, around 1927 by Italian immigrant baker, Giuseppe “Joseph” Argiro, and it should be no surprise that it quickly became a daily staple for coal miners and struggling families.”

Visit the Marion County Convention and Visitor’s Bureau website to learn more about the history of this West Virginia staple.

And at H2C Strategies, it’s not a pepperoni roll unless it has sticks, not slices!

 

Sine Die