Story by David Beard/The Dominion Post
CHARLESTON, W.Va. The state Senate blazed through a list of fast-tracked bills Friday morning and sent them to the House of Delegates. Nearly all of them passed last year and died in the House, and this was another attempt at getting them across the goal line.
Near the end of the floor session, leaders of both parties joined to explain and defend their process, in response to criticism from the press and the public.
On Wednesday, the opening day of the session, the Senate dispensed with the committee references on these bills and read them a first time, setting up Friday’s passage. This was a modification of last year’s approach, when senators agreed to suspend their three-day reading rule to pass a list of bills on Day 1. Both methods sparked criticism of rushing bills through without adequate review.
Minority Leader Mike Woelfel, D-Cabell, opened the conversation on Friday, saying the criticism has been unfair. “These bills have each been vetted.” There has been plenty of time to study them.
“This is not some knee-jerk reaction to bills that have been put in front of us for the first time,” he said, and he didn’t appreciate the “cheap shots” at President Craig Blair for leading this. “You’re just trying to move good bills to the House.”
Blair, R-Berkeley, stepped down from the president’s podium and took his floor seat in order to follow Woelfel’s comments. Sixty days is a short time to get work done, he said, and while things are more efficient than back of the days of runners hustling bills across the Capitol on the final night, things still fall through the cracks.
So, if House bills come over, they don’t wait till Day 45 to take them up, he said. “If that’s a good idea, and we can do it, we we put it on the agenda and we get it moving forward.”
He’s talked to Speaker Roger Hanshaw, he said, and learned they are going to also try to take up some bills within a two-week period.
Blair said this effort demonstrates to companies looking at West Virginia that “we operate at the speed of business in this state, not at the speed of government.”
He thanked the members for being willing to press the accelerator for the state. “I’m very proud of every one of us in here and how we work together and how we get the job done.”
Minority Whip Robert Plymale, D-Wayne, also voiced his support, saying he’s defended their approach both last year and this year. And this year’s method is better: Vetting the bills during the three days is a good thing.
The bills
Here is a look at some of the bills passed Friday, all unanimously (with two members absent).
SB 143 creates the West Virginia Guardian Program, to allow county school boards to contract with an independent contractor who is an honorably discharged veteran, former state trooper, former deputy sheriff, or former federal law-enforcement officer to provide West Virginia Guardian services for school safety.
The bill specifies that the guardians are not law enforcement and may not arrest, but they may carry concealed weapons on school grounds. Among the requirements, they must have a carry permit, complete a drug screening, pass a State Police law enforcement processional standards program, and complete a firearm or lethal use of force course.
County boards must do this at their own expense, not state funds will be provided, and guardians are not eligible for state benefits.
Finance Chair Eric Tarr, R-Putnam, said retired special forces members brought him the idea, and federal and state law enforcement contributed to the bill.
SB 144 requires county school board meetings be open to public and broadcast live on the board website, and a recording be retained and stored on the website. It allows for rules for public attendance and requires provisions for public comment.
SB 151 makes human smuggling a felony. Unlike trafficking, Sen. Patricia Rucker, R-Jefferson, said, smuggling involves a person voluntarily seeking illegal entry into the country. But the bill is directed at the “coyotes” who smuggle the people in the backs of trucks or cargo containers. Smuggling adults carries a sentence of one to five years and a $200,000 fine; smuggling minors carries two to 10 years and a $300,000 fine.
SB 155 is the Violent Crime Prevention Act and requires law-enforcement agencies to submit ballistics data to National Integrated Ballistic Information Network for certain felonies.
Sen. Mike Stuart, R-Kanawha, the bill’s sponsor, praised its passage in a post-floor session news release.
“Only three days into the 60 day Legislative Session and we are already taking historic action to combat violent crime. As lead sponsor on this critical bill, I am proud of the overwhelming and bipartisan support by the State Senate for passage of a law that will immediately improve the safety of our law enforcement officers nationwide while making West Virginia a national leader in solving violent crimes,” Stuart said. “This is an important bill that distinguishes West Virginia nationwide by making it clear we will not tolerate violent crime. As a former United States Attorney, I have a first-hand understanding of ways we can effectively attack criminals and crime. This bill is a bold action to fight violent crime and protect law enforcement and the public from the chaos and misery of being victims of crime.”
SB 157 requires a one-year residency in a legislative district or county for a potential appointee to the state Legislature.
SB 159 prohibits people convicted of specified sexual crimes against minors from serving on state or county school boards.
SB 162 is the Summer Feeding for All Program. Lead sponsor Woelfel said it is designed to make sure every county assesses childhood hunger needs during the summer. His county has adequate programs but “there are food deserts out there in the state.”
The bill has no funding, he said. It provides a mandate to county school boards to see if kids are eating, and to find churches and other resources to help the kids.
SB 165 creates a pilot program in Cabell County to protect residents of recovery home programs from being exploited.
SB 168 emerged form a request by the St. Albans lieutenant fire marshal, lead sponsor Sen. Eric Nelson, R-Kanawha said, and grants county fire marshals authority to assist law enforcement officers in their duties related to fires. When assisting, they would operate under the officer’s direct supervision.
SB 169 corrects an oversight in state code and allows a physician assistant to own their own practice.
SB 171 prohibits counties from enacting or enforcing agricultural ordinances that contravene or are more strict than state agricultural laws. It also will revoke any existing ordinances that do so.
While it doesn’t expressly mention medical cannabis, lead sponsor Sen. Bill Hamilton, R-Upshur, said it applies to chemicals federally or state approved.
Sen. Randy Smith, R-Tucker, supported the bill, saying, “There’s been a lot of false information spread about this bill in the last couple days.” After it passed the Senate last year it was amended to death in the House. But it doesn’t affect windmills or solar farms or forestry or zoning codes.
Smith advised people to not get their information from social media, but to call their legislator and get the facts.
SB 172 revises the requirements for local school improvement councils. Among its provisions, It allows one of the two service personnel on a council to be a bus driver, removing the mandate that one be a bus driver. It requires parents/guardians/custodians elected to a council to be elected by parents/guardians/custodians of students in the school.
Plymale supported the bill saying he was the original sponsor and interim committee work led by Education chair Amy Grady, R-Mason, improved it. It provides “a much stronger voice for parents.”
SB 175 updates state criminal extortion law to cover such actions – which are currently not crimes – as a college professor requiring sexual favors in order to pass a course, or threatening to pose nude pictures of a person.
SB 177 provides protections against automatic renewals of shipments or services without consent.
SB 179 requires a sheriff’s office to deliver child abuse and neglect petitions. It’s currently done by Department of Health and Human Resources workers and can sometimes be dangerous, said lead sponsor Sen. Glenn Jefferies, R-Putnam.
Email: dbeard@domininopost.com