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Gov. Tomblin’s action on bills during the 2016 Legislative Session

CHARLESTON, W.Va. — During the 2016 Legislative Session, Gov. Earl Ray Tomblin has taken action on the following bills: 

Gov. Earl Ray Tomblin
Gov. Earl Ray Tomblin

March 25, 2016

  • SB283​ – Creating crime when fire is caused by operation of a clandestine drug laboratory
  • HB2205 – Creating the crime of prohibited sexual contact by a psychotherapist
  • HB2366 – Relating generally to the solicitation of minors
  • HB4038 – Relating to insurance requirements for the refilling of topical eye medication
  • HB4186 – Relating to additional duties of the Public Service Commission
  • HB4261 – Prohibiting the sale or transfer of student data to vendors and other profit making entities
  • HB4295 – Relating to the School Innovation Zones Act
  • HB4301 – Relating to a framework for initiating comprehensive transformation of school leadership
  • HB4309 – Increasing criminal penalties for conviction of certain offenses of financial exploitation of an elderly​ person
  • HB4310 – Relating to the West Virginia University Institute of Technology
  • HB4315 – Relating to air-ambulance fees for emergency treatment or air transportation
  • HB4316 – Relating to reimbursement of certification fee for National Board for Professional Teaching Standards certification
  • HB4365 – Relating to the certificate of need process
  • HB4340 – Amending licensing requirements for an act which may be called Lynette’s Law
  • HB4502 – Allowing reciprocity agreements with contiguous states to establish regulations, licensing requirements and taxes for small businesses
  • HB4537 – Relating to the regulation of chronic pain clinics
  • HB4558 – Relating to victim notification and designation of additional individuals to receive notice of an offender’s release
  • HB4594 – Relating to predoctoral psychology internship qualifications
  • HB4604 – Relating to violations of the Ethics Act
  • HB4651 – Relating to professional examination requirements for hearing-aid dealers and fitters
  • HB4662 – Permitting the Superintendent of the State Police to collect $3 dollars from the sale of motor vehicle inspection stickers
  • HB4705 – Relating to adding an additional type of West Virginia source income of nonresident individual
  • HB4730 – Relating to computer science courses of instruction
  • HB4734 – Relating to mine subsidence insurance
  • HB4738 – Relating to the offense of driving in an impaired state

March 24, 2016

  • SB13 – Increasing penalties for overtaking and passing stopped school buses
  • SB107 – Uniform Interstate Depositions and Discovery Act
  • SB262 – Eliminating need for law enforcement to obtain court order prior to having access to inmate mail and phone recordings
  • SB267 – Modifying removal procedure for certain county, school district and municipal officers
  • SB278 – Clarifying physicians’ mutual insurance company is not state or quasi-state actor
  • SB306 – Permitting sale of county or district property online
  • SB333​ – Taking and registering of wildlife
  • HB2444 – Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals
  • HB2494 – Creating a provisional plea process in criminal cases
  • HB2605 – Removing the limitation on actions against the perpetrator of sexual assault or sexual abuse upon a minor
  • HB2615 – West Virginia Small Business Capital Act
  • HB2897 – Young Entrepreneur Reinvestment Act
  • HB2904 – Requiring the clerk of a county commission to maintain a county ordinance book
  • HB4033 – Adding criminal penalties for the unauthorized practice of pharmacists care
  • HB4218 – Expanding the definition of “underground facility” in the One-Call System Act
  • HB4265 – Relating to payment by the West Virginia Municipal Bond Commission or state sinking fund commission or the governing body issuing the bonds
  • HB4314 – Prohibiting the sale of powdered or crystalline alcohol
  • HB4347 – Providing pregnant women priority to substance abuse treatment
  • HB4351​ – Transferring the Cedar Lakes Camp and Conference Center from the West Virginia Board of Education to the Department of Agriculture
  • HB4411 – Relating to penalty for illegally taking native brook trout
  • HB4435 – Authorizing the Public Service Commission to approve expedited cost recovery of electric utility coal-fired boiler modernization and improvement projects
  • HB4448 – Clarifying that communication by a lender or debt collector which is allowed under the West Virginia Consumer Credit and Protection Act, likewise does not violate the provisions of the West Virginia Computer Crime and Abuse Act
  • HB4461 – Relating to School Building Authority School Major Improvement Fund eligibility
  • HB4463 – Permitting the practice of telemedicine
  • HB4507 – Providing an employer may grant preference in hiring to a veteran or disabled veteran
  • HB4517 – Limiting the ability of an agent under a power of attorney to take self-benefiting actions
  • HB4612 – Relating generally to tax increment financing and economic opportunity development districts
  • HB4659 – Authorizing local health departments to bill health insurance plans for services
  • HB4673 – Providing for a crime for the theft, damage or release of deer from private game farms
  • HB4725 – Relating to providing the procedures for the filling of vacancies in the offices of justices of the Supreme Court of Appeals, circuit judge, family court judge or magistrate and making certain clarifications
  • HB4740 – Permitting that current members of the National Guard or Reserves may be excused from jury duty

March 23, 2016

  • SB6 – Requiring drug screening and testing of applicants for TANF program
  • SB29 – Tolling statute of limitations in certain cases
  • SB43 – Clarifying means of posting to prohibit hunting or trespassing
  • SB47 – Rewriting licensing requirements for practice of medicine and surgery and podiatry
  • SB54 – Altering how tax is collected on homeowners’ associations
  • SB104 – Classifying Marshall University Forensic Science Center as a criminal justice agency
  • SB259 – Amending Unfair Trade Practices Act
  • SB270 – Repealing code relating to insurance polices
  • SB323 – Correcting statute subsection designations regarding trespassing on property
  • SB326 – Repeal and recodify law relating to delinquency of minor child
  • SB329 – Eliminating sunset provision for commission to study residential placement of children
  • SB330 – Requiring automobile liability insurers provide 10 days’ notice of intent to cancel due to nonpayment of premium
  • SB338 – Compiling and maintaining Central State Mental Health Registry
  • SB352 – Dedicating corporation net income tax proceeds to railways
  • SB376 – Expanding authority of Secretary of State and State Police
  • SB384 – Requiring Bureau for Medical Services seek federal waiver for 30-day waiting period for tubal ligation
  • SB416 – Allowing terminally ill patients access to investigational products
  • SB429 – Adopting two National Association of Insurance Commissioners’ models to protect enrollees and general public and permit greater oversight
  • SB459 – Requiring county board of education to pay tuition to Mountaineer Challenge Academy
  • SB468 – Allowing lender charge and receive interest on rescindable loan during rescission period
  • SB484 – Relating to reemployment rights of military personnel
  • SB493 – Allowing creation of self-settled spendthrift trusts
  • SB516 – Relating to registration for selective service
  • SB517 – Clarifying PEIA plans that are exempt from regulation by Insurance Commissioner
  • SB520 – Allowing PEIA ability to recover benefits or claims obtained through fraud
  • SB575 – Requiring leases for state office space provide landlord or owner be responsible for cleaning or janitorial services
  • SB581 – Eliminating sunset provision terminating pilot domestic violence court program
  • SB613 – Defining total capital for purposes of calculating state-chartered bank’s lending limit
  • SB627 – Permitting physician to decline prescribing controlled substance
  • SB691 – Modifying certain air pollution standards
  • HB4360 – Increasing the criminal penalty for the unlawful practice of law
  • HB4520 – Clarifying that certain hospitals have only one governing body whose meetings shall be open to the public

March 21, 2016

  • SB265 – Allowing library volunteers necessary access to user records
  • SB334 – Identifying coyote as fur-bearing animal and woodchuck as game animal
  • SB427 – Transferring funds from State Excess Lottery Fund to Department of Revenue
  • SB439 – Eliminating requirement that budget director approve requisitions for personal services payment under certain circumstances
  • SB476 – Relating to driving restrictions in school zones
  • SB591 – Relating to voter registration list maintenance and combined voter registration and driver licensing fund
  • HB2588 – Relating to the filing of financial statements with the Secretary of State
  • HB4150 – Making a supplemental appropriation to the Department of Health and Human Resources
  • HB4151 – Making a supplemental appropriation to the Department of Education
  • HB4152 – Making a supplemental appropriation to the Division of Environmental Protection – Protect Our Water Fund
  • HB4155 – Making a supplemental appropriation to the Department of Health and Human Resources, Division of Health – West Virginia Birth-to-Three Fund, and the Department of Health and Human Resources, Division of Human Services – Medical Services Trust Fund
  • HB4346 – Relating to bear hunting and offenses and penalties
  • HB4433 – Allowing an adjustment to gross income for calculating the personal income tax liability of certain retirees
    To view Gov. Tomblin’s veto message, click here​.
  • HB4487 – Relating to state retirement systems
  • HB4587​ – Relating to violations associated with absent voters’ ballots

March 18, 2016

  • SB500 – Authorizing Superintendent of State Police hold training classes to use West Virginia Automated Police Network
  • SB597​ – Relating generally to Health Care Authority
  • SB678 – Relating to ownership and use of conduit providing telephone service

March 16, 2016

  • SB39 – Regulating off-road motorcycles within Hatfield-McCoy Recreation Area​
  • SB469 – Clarifying what personal funds are exempt from levy following judgement
  • SB474 – Exempting DEP construction and reclamation contracts from review and approval
  • SB507 – Exempting motor vehicles engaged in nonemergency transport of Medicaid recipients from PSC permit requirements
  • SB592 – Relating to pipeline safety
  • SB648 – Allowing local authorities permit flashing traffic signals during low traffic times
  • SB656 – Creating Upper Kanawha Valley Resiliency and Revitalization Program
  • HB2122 – Making it illegal for first responders to photograph a corpse; Jonathan’s Law
  • HB2823 – Eliminating the street and interurban and electric railways law
  • HB2801 – Permitting county commissions and municipalities to designate areas of special interest which will not affect the use of property in those areas
  • HB4160 – Making a supplementary appropriation to the Department of Revenue, Tax Division
  • HB4209 – Relating generally to health care provider taxes
  • HB4225​ – Relating to patriotic displays at public buildings​
  • HB4322 – Expanding the Learn and Earn program
  • HB4330​ – Relating to make unlawful to take a fish, water animal or other aquatic organism from state waters to stock a commercial pond or lake
  • HB4345 – Repealing the West Virginia Permitting and Licensing Information Act
  • HB4377​ – Eliminating exemption from hotel occupancy taxes on rental of hotel and motel rooms for thirty or more consecutive days
  • HB4417 – Increasing wages protected from garnishment

March 15, 2016

  • SB94 – Designating State Police Superintendent as administrator and enforcer of motor vehicle inspection program
  • SB254 – Not allowing county park commissions to prohibit firearms in facilities
    To view Gov. Tomblin’s veto message, click here​.
  • SB271 – Regulating practice of accountancy
  • SB274 – Relating to increasing civil jurisdictional amount in magistrate courts
  • SB303 – Providing for 5-day resident fishing license
  • SB346 – Updating projects managed by Project Management Office
  • SB349 – Updating meaning of federal adjusted gross income
  • SB400 – Reducing amount of sales tax proceeds dedicated to School Major Improvement Fund
  • SB415 – Lengthening maximum term of negotiable certificates of deposit municipal funds can hold
  • SB426 – Continuing Office of Coalfield Community Development
  • SB483 – Marshall County and Wyoming County LSIC waiver
  • SB509 – Removing 10-day requirement Division of Labor has to inspect amusement rides and attractions
  • SB515 – Authorizing payment of certain claims against state
  • HB4228 – Relating to transportation network companies
  • HB4617 – Authorizing legislative rules of the Higher Education Policy Commission regarding the Underwood-Smith Teacher Scholarship Program and Nursing Scholarship Program
  • HB4644​ – Relating to jury fees

March 14, 2016

  • SB601 – Relating to exception from jurisdiction of PSC for materials recovery facilities or mixed waste processing facilities
    To view Gov. Tomblin’s veto message, click here.
March 12, 2016
  • SB582 – Providing refundable tax credit for motor fuel sold for use or consumed in railroad diesel locomotives

March 10, 2016

  • SB379 – Relating to candidate filing fees

  • HB4157​ – Supplementing, amending, and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways
  • HB4159 – Making a supplemental appropriation to the Public Services Commission – Motor Carrier Division
  • HB4279 – Relating to disposition of seized firearms
  • HB4324 – Authorizing information sharing by Workforce West Virginia
  • HB4540 – Removing prohibition of disposal of certain electronics in landfills
  • HB4654​ – Relating to the Executive Secretary of the Board of Registered Professional Nurses
  • HB4674​ – Relating to motor vehicle back-up lamps
  • HB4735​ – Relating to the definition of health care provider, and clarifying that speech-language pathologists and audiologists are two separate providers

March 9, 2016

  • SB10 – Created Unborn Child Protection from Dismemberment Abortion Act
    To view Gov. Tomblin’s veto message, click here.
  • SB27 – Permitting county commissions hire outside attorneys for collection of taxes through courts
  • HB2800 – Adding law-enforcement officers’ contact information and names of family members to the list of exemptions from public records requests
  • HB4007 – Relating generally to appointment of attorneys to assist the Attorney General
  • HB4235 – Relating to the publication requirements of the administration of estates
  • HB4362​ – Establishing a felony offense of strangulation

March 8, 2016

  • ​SB421 – Terminating behavioral health severance and business privilege tax
  • SB594 – Requiring State Auditor consider for payment claim submitted by electronically generated invoice
  • HB4163​ – Providing the authority and procedure for municipalities to give notice to, and publish the names of, entities delinquent in paying business and occupation taxes

March 4, 2016

  • HB3019​ – Requiring official business and records of the state and its political subdivisions be conducted in English

March 3, 2016

  • SB387 – Shared animal ownership agreements to consume raw milk
  • SB558 – Maintaining solvency of Unemployment Compensation Fund
  • HB4366 – Finding and declaring certain claims against the state and its agencies to be moral obligations of the state
  • HB4145 – Relating to the carry or use of a handgun or deadly weapon
    To view Gov. Tomblin’s veto message, click here​.
  • HB4175 ​– Relating generally to home schooling

March 2, 2016

  • SB7 – Establishing wrongful conduct rule prohibiting recovery of damages in certain circumstances
  • SB14 – Limiting successor corporation asbestos-related liabilities
  • SB150 – Authorizing Department of Transportation promulgate legislative rules
  • SB351 – Dedicating severance tax proceeds
  • SB369 – Reducing legislative education reporting requirements
  • SB462 – Reducing deposit of excess lottery proceeds into WV Infrastructure Fund

March 1, 2016

  • SB309 – Relating to child-care center licensing and exempting county parks and recreation from licensure
  • SB341 – Expiring funds from Insurance Commissioner, Examination Revolving Fund and Insurance Commission Fund to State Fund, General Revenue
  • SB449 – Supplemental appropriation from State Fund, General Revenue to Department of Administration, Public Defender Services
  • SB450 – Supplemental appropriation from State Fund, General Revenue to DHHR, Division of Health
  • SB451​ – Supplemental appropriation from State Fund, General Revenue to Department of Military Affairs

February 29, 2016

  • SB419 – Terminating taxes imposed under Workers’ Compensation Debt Reduction

February 25, 2016

  • ​SB15 – Adopting learned intermediary doctrine as defense to civil action due to inadequate warnings or instructions
  • SB123 – Treatment for sexually transmitted diseases
  • SB261 – Bringing state code relating to daylight savings time in conformity with federal code
  • HB4245 – Requiring the cashier or executive officer of a banking institution to provide shareholders with the institution’s most recent year-ended audited financial statement
  • HB4148 – Updating the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act
  • HB4158 – Making a supplementary appropriation to the Department of Commerce, WorkForce West Virginia – Workforce Investment Act
  • HB4161 – Relating to levies on classifications of property by the Board of Public Works
  • HB4244​ – Eliminating the need for a public hearing when no objection is filed on an application from an out of state state-chartered credit union to establish a branch in West Virginia

February 17, 2016

  • ​​HB4007 – Relating generally to appointment of attorneys to assist the Attorney General
    ​To view Gov. Tomblin’s veto message, click here.

February 11, 2016

  • SB1 – Establishing WV Workplace Freedom Act
    To view Gov. Tomblin’s veto message, click here
  • SB32 – Relating to withdrawal of candidates for office and filling vacancies
  • SB342 – Decreasing appropriations from State Fund, General Revenue, to DHHR, Division of Human Services and Bureau of Senior Services
  • SB357 – Supplemental appropriation from Lottery Net Profits to a Bureau of Senior Services, Lottery Senior Citizens Fund
  • SB360 – Supplemental appropriation to Division of Human Services
  • HB2101– Eliminating obsolete government entities
  • HB4005​ – Repealing prevailing hourly rate of wages requirements
    To view Gov. Tomblin’s veto message, click here.

February 4, 2016

  • SB364 – Supplemental appropriation expiring funds from General Revenue


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