CHARLESTON, W.Va. — The House Judiciary Committee on Monday approved without debate – but not without some trepidation – SB 440, which will extend state anti-hazing law to the five fraternities that broke away from WVU.
Current anti-hazing law applies to “any organization operating under the sanction of or recognized as an organization by an institution of higher education.”
As previously reported, this became a problem in late summer when five WVU fraternities dissociated and in September formed their own Independent Fraternity Council.
Travis Mollohan, WVU’s director of State and Local Relations, told the committee that the bill, which originated out of Morgantown, was drafted at the request of local prosecutors who have no means to prosecute hazing at those organizations under current law.
SB 440 changes the wording to apply to “any organization whose members include students of an institution of higher education.”
Delegate Mike Pushkin, D-Kanawha, summarized the concerns expressed by some that the bill, however well intentioned, could be over-applied: “That’s pretty broad,” he said.
Despite the concerns, no one offered amendments and Pushkin offered the only audible “no” during the voice vote to pass it.
It now heads to the full House. If unamended on the floor, it will go to the governor.
The House dealt with several dozen bills during Monday’s floor session:
Distracted driving
Up for passage was HB 3134, which increases the penalty for reckless driving leading to death from a maximum of one year to a range of three to 15 years, and the penalty for reckless driving causing serious injury from a range of 10 days to six months to a range of 2-10 years.
House Judiciary Committee Chairman John Shott, R-Mercer, said the intent is to make the penalties consistent with DUI. He cited figures that districted drivers are six times more likely to cause injury that those driving DUI. He cited the example of a driver who was texting and plowed into a Division of Highways worker who, with his crew, was assisting a stranded motorist. The worker, a young father of two, lost both his legs.
Delegate David Kelly, R-Tyler, had a first-hand account. A distracted driver crossed the center line and hit his car head-on, killing his mother and another passenger. “This bill may be the beginning of seeing things like that don’t happen again.”
Delegate Larry Rowe, D-Kanawha, argued that someone who leaves their home without their glasses or drives with a dirty windshield could end up in prison under this bill.
But Delegate Joe Canestraro, D-Marshall and a prosecutor, said, “It’s all about discretion, for prosecutors to do a little more” in extreme cases. He cited the example of a driver who huffed an aerosol can of compressed air – for cleaning computer keyboards – and his another DOH crew, disabling one worker.
It passed 63-33 and goes to the Senate. Voting crossed party lines. Locally, Democrats Fleischauer, Evan Hansen, Dave Pethtel, Rodney Pyles and John Williams, along with Republicans Amy Summers and Terri Sypolt voted yes. Democrats Michael Angelucci, Mike Caputo, Linda Longstreth and Danielle Walker, along with Republican Buck Jennings voted no.
Roads bill
The roads bill is HB 2011, which was on second reading and open to amendment. HB 2011 authorizes the DOH to direct each district to establish contracts with to perform, at least, core maintenance of pothole repair, mowing, ditching, snow removal and non-core maintenance such as paving.
It requires each district to develop a maintenance plan and review that plan each Dec. 1. If it hasn’t completed 90 percent of that maintenance, it must solicit bids to complete the work to the extent available money makes it possible.
Delegate Barbara Fleischauer, D-Monongalia, proposed to amend into the bill her related bill to create a DOH pilot project in District 4 to evaluate the value of including a seven-year maintenance clause in three paving contracts. It failed 40-58; lead sponsor Summers and one other sponsor voted for it, but the other nine sponsors voted against it.
Her second amendment, from another of her roads bills, to raise DOH employee salaries by $3,000 per year for three years, to help fill empty DOH worker positions, was ruled not germane to a road maintenance bill.
HB 2011 will be on third reading for passage on Tuesday.
Other bills
–HB 2452 creates a state Cybersecurity Office within the Office of Technology. Passed 96-2.
–HB 2694 establishes regulations for producing industrial hemp. Passed 96-2.
–HB 2770 requires insurers to apply manufacturer prescription drug cost-sharing programs, where the drug maker picks up most or all of the co-pay, to the patient’s deductibles. Called the Fairness in Cost-Sharing Calculation Act. Passed 98-0.
–HB 2837, establishes regulation and taxation for advance deposit pari-mutuel wagering done online or on mobile devices. The intent is to cut into the black market and to retain tax dollars going to other states where it’s legal. Passed 77-20.
–HB 3045 exempts complimentary hotel rooms from hotel occupancy tax. Passed 96-2.