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Home of Delegates passes human smuggling invoice; Senate strikes college truancy and gestational surrogacy payments

MORGANTOWN – The Home of Delegates handed a human smuggling invoice on Monday, however opponents objected that it locations trafficking and smuggling on the identical degree and denies trafficking victims the best to restitution.

Throughout the Capitol, the Senate moved payments relating to parental surrogacy, college truancy, medical insurance and unemployment advantages.

HB 5031 is the smuggling invoice. It defines human smuggling as knowingly transporting or harboring unlawful aliens throughout the state. It applies the identical penalties to smuggling as exist already for trafficking.

It carves out an exception for “any individual employed by one other state who transports an unlawful alien by way of West Virginia, as long as the unlawful alien is not going to stay in West Virginia.” This could apply, for instance, to bus drivers employed by southern border states who’re transport illegals north to sanctuary cities.

It says that if a human trafficking or smuggling sufferer is an unlawful alien, any court-ordered restitution to be paid by the trafficker or smuggler have to be paid the state, not the sufferer.

Delegate Joey Garcia, D-Marion, objected to equating trafficking and smuggling, as a result of smuggling could also be an excellent Samaritan act whereas trafficking at all times entails dangerous exploitation. “That’s only a matter of elementary unfairness.”

And denying the victims restitution might violate the 14th Modification to the U.S. Structure, he stated.

Delegate Evan Hansen supplied on Friday a failed modification to strike the bus driver exemption, and raised the difficulty once more on Monday, as a result of it relieves the motive force of any accountability.

Delegate Mark Zatezalo, R-Hancock, supported the invoice, saying that is the beginning of a reckoning that the nation has to return to grips with. There are particular cases the place human smuggling quantities to importing slaves or indentured servants who pay their smugglers and are indebted to them.

“I don’t suppose this nation can afford that,” he stated.

The vote was 83-13 and it goes to the Senate. Two Republicans, Delegates Amy Summers, R-Taylor, and Diana Winzenreid, R-Ohio, joined the 11 Democrats in opposition to it.

Senate motion

SB 568 updates truancy regulation. Amongst its provisions, it limits the variety of allowed parental notes for excused absences to 10, except they’re supported by a physicians’ observe. It requires a System of Assist plan to encourage attendance. And it requires supporting documentation to be equipped inside three days of an absence or it will be thought-about unexcused.

The vote was 31-0 and it goes to the Home.

SB 575 is known as the Assisted Replica Act and establishes rules for contracts for each genetic surrogacy – when a lady agrees to hold and delivery a baby and he or she is the genetic mom – and gestational surrogacy, when she carries and births a baby of two different mother and father.

The invoice is 16 pages lengthy, and amongst its provisions it requires the surrogate to be at the very least 21 and endure a medical examination. She have to be represented by an legal professional of her personal selecting who’s paid for by the contracting mother and father. It prohibits surrogacy brokering and specifies that the kid belongs to the contracting mother and father, to not the surrogate.

The vote was 28-3, with Sens. Mike Azinger, R-Wooden, Robert Karnes, R-Randolph, and Jay Taylor, R-Taylor, voting no.

HB 4809 is the Well being Care Sharing Ministries Freedom to Share Act.

A Well being Care Sharing Ministry just isn’t medical insurance and never topic to the state’s insurance coverage legal guidelines. A sharing ministry serves as a facilitator amongst ministry members, who agree to help different members with medical bills by way of contributions. A ministry by definition limits its membership who share a typical set of moral or non secular beliefs.

The Senate beforehand handed its personal model, SB 375, and the 2 sides agreed to park that one and transfer the Home invoice. It handed 29-2, with Sens. Mike Caputo, D-Marion, and Robert Plymale, D-Wayne, voting no. It goes to the governor.

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