Blog – Page 105

House Passes Foster Care Legislation

House Floor Session

Juliet Thomas

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February 18, 2020

Seven House Bills were passed Tuesday during the House floor session, including major foster care bill, House Bill 4092.

House Bill 4092 aims to do multiple things to improve the struggling foster care system in West Virginia. The bill increases the per diem rate for foster parents and kinship families, providing a total of $30 per day, per foster child. The Department of Health and Human Resources will pay Child Placing Agencies $75 for each child in placement and foster families will be reimbursed 40% of the daily rate that the CPA receives. Additionally, the bill creates a Foster Child and Foster Parent Bill of Rights and sets “reasonable and prudent” parent standards. Lastly, the bill defines minimum standards for the guardian ad litem, which are the attorneys that represent children in the foster care system or family courts.

This bill seeks to benefit foster families, kinship families and Child Placing Agencies across the state.

This bill has had major bipartisan support throughout the legislative session. Although there is a significant fiscal impact with this legislation due to the per diem rate increases, no funds were cut from the bill during the committee process.

Delegate Jason Barrett, D- Berkeley, said during the floor session that it’s worth noting that the bill came out of the Finance Committee with no changes.

“This is an investment in West Virginian children,” he said. “These improvements over time will have hundreds of thousands of dollars per month.”

The House concurred with the Senate amendments for six bills, therefore completing action for these bills. The House concurred with the Senate amendment for House Bill 4007 but also added an additional amendment. The House refused to concur with the Senate amendment for House Bill 4275. Senate Bill 620 was passed with a title amendment.

Twelve bills were advanced to third reading. Nineteen bills were advanced to second reading.

Two resolutions were introduced.

The House is adjourned until 11:15 a.m. Wednesday.

Senate Passes Bill to Eliminate Licensure Obstacles

Senate Floor Session

Madison Perdue

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February 18, 2020

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Senate Passes Bill to Eliminate Licensure Obstacles

The Senate met at 11 a.m. Tuesday and passed eight bills, including a bill that intends to remove licensure obstacles for people with certain criminal convictions.

House Bill 4353 creates a rational nexus requirement between previous criminal conduct and decision making for initial licensure. The bill’s purpose is to remove obstacles for employment for persons with criminal records seeking licenses and certifications for certain careers governed by state laws.

The Senate also passed House Bill 4601, which allows members of a police or fire municipal pension plans participating in a DROP to be considered active members in order to determine the distribution of premium tax proceeds.

Six Senate bills also advanced to the House Tuesday.

The Senate passed Senate Bill 778, which creates a supplemental appropriation of expired funds from the State Excess Lottery Revenue Fund to various accounts in the Department of Health and Human Resources.

Senate Bill 779 also passed and transfers funds from the State Excess Lottery Revenue Fund to the Department of Veterans Assistance.

Senate Bill 725 was passed as well. This supplemental appropriation bill amends and increases items of appropriations to the Department of Education for the 2020 fiscal year.

Senate bills 572, 717 and 780 were also passed and will advance to the House for further consideration.

The House considered and returned Senate Bill 544 to the Senate with Amendments. This bill allows pharmacists and pharmacy interns to distribute immunizations. The Senate concurred with the House’s amendments, completing legislation for this bill.

The Senate also adopted Resolution 45, congratulating the St. Mary’s High School golf team for winning the 2019 Class A Championship. A brief recess was held for the presentation of this resolution.

The Senate is adjourned until 11 a.m. Wednesday.

The Senate Education Committee will meet at 2 p.m. in room 451M.

The Senate Committee on Government Organization will meet at 2 p.m. in room 208W.

The Senate Finance Committee will meet at 3 p.m. in room 451M.

The Senate Judiciary Committee will meet at 3 p.m. in room 208W.

Senate Finance Advances Bill on Personal Property Tax Elimination

Senate Committee

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February 17, 2020

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Senate Finance Advances Bill on Personal Property Tax Elimination

The Senate Finance Committee met at 3:00 p.m. today to discuss Originating Bill 4, which creates a 6-year phase out of personal property taxes on manufacturing equipment, machinery, inventory and automobiles.

The bill creates a Special Revenue Account and provides that the Governor and the Legislature are to restore funding to counties and municipalities should the tax be eliminated.

To replace the revenue lost by the tax elimination, the bill calls for an increase from 6 cents per dollar to 6.5 cents per dollar on sales and use taxes.

The bill increases the tax on cigarettes from $1.20 per 20 cigarettes to $2.00 per 20 cigarettes, and raises the tax on other tobacco products from 12% of the wholesale price to 50% of the wholesale price. E-cigarettes and vaping products would also see a tax increase, from 7.5 cents per milliliter to 50% of the wholesale price.

The bill states that all money collected from these taxes are to be deposited into the Special Revenue Account. The Consumer Sales and Use Tax collections are estimated to increase by $116.5 million annually, $88 million of which would come from the tax on tobacco products.

After counsel explained the bill, a representative from the Department of Revenue answered questions from the committee.

The Executive Director of WV Associative Counties also answered questions from the committee and spoke briefly against the bill, stating that the bill takes taxing authority away from counties.

Senator Eric Tarr, R-Putnam, asked the director how this bill would affect counties, then stated that if the tax killed investments and jobs in the state, the counties would likely benefit.

Several members of the committee raised concerns regarding the bill. Senator Douglas E. Facemire, D-Braxton, asked whether this bill would simply give relief to corporations but cause citizens to suffer because of increased taxes.

After much discussion, Senator Ron Stollings, D-Boone, proposed the amendment that $2 million per year retrieved from the tobacco tax be dedicated to tobacco addiction prevention and recovery programs. This amendment was adopted by the committee.

The committee advanced the bill to be reported to the full Senate with recommendation for passage.

The committee also advanced Senate Joint Resolution 9. This is a constitutional amendment that would allow the Legislature to eliminate or lower ad valorem personal property taxes. This however does not permit the Legislature to raise property taxes above their current limits. The resolution eliminates the current constitutional requirement for uniformity of taxation and allows the legislature to set different rates of taxation, assessment or valuation in the state. The resolution will be reported to the full Senate with recommendation for passage.

House Finance Advanced DNR Police Officer Retirement Bill

House Committee

Andrea Lannom

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February 17, 2020

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House Finance Advanced DNR Police Officer Retirement Bill

A bill, which would establish a new retirement system for West Virginia Division of Natural Resources police officers, advanced out of House Finance Monday.

The retirement system proposed under House Bill 4363, is based off the deputy sheriff’s system, and would allow current officers to participate in the system along with any new officers.

For the first year, the employer contribution would be 10% with future contributions at 12%. Costs to set up the new system were estimated at $200,000, which the agency plans to cover. DNR Director Steve McDaniel told the committee that the agency loses two to three officers every year to other law enforcement agencies because of retirement options.

“We have lost two officers just this year,” McDaniel said, noting that having more competitive retirement benefits could save money because of the cost to train new people.

The new program was estimated to increase the unfunded actuarial liability to $3.5 million, amortized over 30 years. This includes transfers of 117 current active members of the PERS system to the new program. Under the bill, it is anticipated that officers would be able to retire sooner than under PERS.

The bill now heads before the full House.

Before tabling the bill, the committee debated legislation that would reduce the personal income tax.

House Bill 4892 would reduce the personal income tax by .25% of the current rate once certain triggers are reached. The bill proposed to establish a special revenue fund called the Personal Income Tax Reduction Fund, which would accumulate funds through internet sales, traditional lottery games known as Travel or Keno operated in convenience stores, gross terminal income from video lottery games, revenues from satellite racetrack facilities should they be created, everything from sports wagering, and everything from interactive gaming once it is up and running.

Funds would be used to replenish losses from the proposed personal income tax reduction. Once the revenue secretary determined the amount of personal income taxes that would have been collected had the income tax been reduced .25% compared to what was actually collected, and if the money in the special revenue account was 2.5 times what that amount would be, that would trigger the .25% reduction in personal income tax.

Delegates mentioned concerns with factoring in revenue from sources that are not up and running yet, such as satellite racetrack facilities, and also mentioned concerns that other obligations from these current revenue sources like senior centers, PEIA, and the Promise scholarship, would be superseded by reducing the income tax.

Two amendments were proposed to dedicate various amounts of revenue from adult use cannabis, should it be enacted, toward the special revenue fund created under the bill.

Delegate Paul Espinosa, R-Jefferson, made a motion to table the bill, which was adopted, because of the remaining questions and because there was no fiscal note.

Additionally, the House Finance Committee advanced Senate Bill 573, which was a supplemental appropriation for the 2020 fiscal year claims against the state.

Senate Passes 11 Senate Bills, 5 House Bills

Senate Floor Session

Madison Perdue

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February 17, 2020

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Senate Passes 11 Senate Bills, 5 House Bills

The Senate met at 11:00 a.m. today and passed 16 bills, five of which originated in the House.

SB 702 allows a school district to develop programs including but not limited to an optional physical fitness program to teach nutrition and physical fitness. The bill also creates a fund from which money can be awarded on a competitive basis to qualifying school districts.

SB 490 addresses criminal offenses against agricultural facilities. The purpose of the bill is to protect these facilities by establishing that damaging, destroying, or depriving the operator of a facility of their property is a criminal offense. The bill males a person who commits such an offense liable for twice the amount of the damages they cause.

SB 746 provides contracted managed care companies with the uniform maternal screening tool for their own covered lives. The data collected by the tool will remain confidential with these contracted managed care companies.

Senate bills 265, 279, 306, 589, 597, 703, 706 and 712 were also passed and advanced to the House for further consideration.

Five House bills were passed on Monday.

HB 4166 prohibits sex offenders convicted of sexually violent offenses from having a supervisory position over children. This also applies to a person required to be on supervised release between the sentencing term of 10 years to life.

HB 2497 was also passed, which clarifies the protections given to an individual under the Whistle-Blower Law. The bill provides that an employer cannot retaliate or discriminate against an employee who reports illegal activity or corruption within the workplace.

HB 4476, 4470 and 4381 were also passed on Monday.

Additionally, the Senate completed legislation for two Senate bills and one House bill which were considered and returned with amendments by the House.

The Senate concurred with the House for Senate bill 310, which updates the terminology of certain terms used in the WV Personal Income Tax Act.

Senate 560 was also considered, which allows certain medical professionals to administer medication in nursing homes under the supervision of a registered nurse. The House proposed a technical amendment, which was amended and passed by the Senate.

The House rejected the Senate’s amendments for House bill 4179. This bill enters West Virginia Recognition of Emergency Services Personnel Licensure Interstate Compact. The Senate receded from their amendments and legislation was completed.

Senate bills 797-836 were introduced and referred to the appropriate committees.

The Senate adopted Resolution 41, designating February 17, 2020 as Pancreatic Cancer Day at the legislature. The Senate also adopted Resolution 42, celebrating the centennial of the ratification of the 19th Amendment. After remarks from the Senate in support of this resolution, a brief recess was held for the presentations of each resolution.

Resolution 43 was also adopted, recognizing President George Washington and President Abraham Lincoln for Presidents’ Day.

The Senate is adjourned until 11:00 a.m. tomorrow.

The Senate Committee on Transportation and Infrastructure will meet at 9:30 a.m. tomorrow in room 451M.

House Bill Provides Worker’s Compensation for PTSD

House Committee

Juliet Thomas

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February 17, 2020

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House Bill Provides Worker’s Compensation for PTSD

The House Judiciary Committee advanced House Bill 2321, which provides worker’s compensation for first responders diagnosed with PTSD.

In order to receive compensation, first responders must be diagnosed by a licensed psychiatrist. The PTSD must be the result of an event that occurred during their employment. The continuation of benefits is contingent on receiving treatment. Under current law, a physical injury that results in PTSD is compensable, but a “mental” injury is not.

Erin Hunter, General Counsel for the West Virginia Insurance Commissioner, gave testimony in committee about how this would affect employers.

“Any time you increase benefits, the [insurance] premium goes up to cover losses,” she said. The employer is responsible for paying the difference for increased premiums.
“The projected increase in premium is not a significant increase across the state,” Hunter said.

Hunter stated that the PTSD rate for first responders in the state is around 20%. For firefighters, the rate can be as high as 37%.

Sixteen states have already passed legislation similar to House Bill 2321. Some of these states even have “presumptions” that the PTSD is a result of on the job action and they don’t require further proof.

Delegate David Kelly, R-Tyler, spoke in support of the bill in committee. “I think it’s time we do something about this,” he said.

“We need to care enough to do whatever it takes to make sure they at least have the ability to seek help without having to feel shame, embarrassment or are ridiculed for being weak.”

House Bill 2321 was reported to the full House with a recommendation of passage.

House Passes Concealed Carry Permit Bill

House Floor Session

Juliet Thomas

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February 17, 2020

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House Passes Concealed Carry Permit Bill

The House passed 10 bills Monday, including a bill that reduces or eliminates the cost of a concealed weapon permit under specific circumstances.

House Bill 4955 reduces the cost to apply for a concealed carry permit from $75 to $25. It also reduces the application cost for a provisional concealed from $25 to $15. The bill exempts honorably discharged veterans from the fee altogether. This law already applies to honorably retired law enforcement officers.

West Virginia’s previous concealed carry application fee was more expensive than the states surrounding it. The application fee in Pennsylvania is only $19. The fee is $50 in Maryland and $60 for both Kentucky and Ohio. This bill seeks to make a concealed carry permit more accessible across the state.

The House concurred with the Senate amendment for House Bill 4030, therefore completing action on the bill. Action was also completed for Senate Bill 642. Senate Bill 544 was passed with amendments and will go back to the Senate for approval.

Nine bills were advanced to third reading. Eleven bills were advanced to second reading.
Action for House Bill 4620 was postponed one day.

Seven resolutions were introduced.

The House is adjourned until 11 a.m. Tuesday

House Bill Increases Drug Sentences

House Committee

Juliet Thomas

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February 14, 2020

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The House Judiciary Committee advanced House Bill 4852 on Friday, which increases the criminal penalties for methamphetamine.

House Bill 4852 increases the penalties for the manufacture, possession or delivery of methamphetamine. The current criminal penalties are serving one to five years in a state correctional facility. This bill increases the penalties to two to 10 years in a state correctional facility, or a fine of up to $25,000.

Methamphetamine is classified as a Schedule II drug, but it currently carries a lighter sentence than other drugs in similar classifications, including crack cocaine. This bill was intended to create “fair and uniform” sentencing for drugs of similar classifications.
It will cost an estimated $1.8 million per year to extend prison sentences.

There was debate amongst committee members about whether this bill should be passed. Arguments supporting the bill stated that inmates are more likely to participate in rehabilitation programs in prison if they have longer sentences. Residential Substance Abuse Treatment (RSAT) is a drug rehabilitation program within correctional facilities where inmates can receive treatment.

House Bill 4852 was reported to the full House with the recommendation of passage.

House Passes Contraceptive Bill

House Floor Session

Juliet Thomas

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February 14, 2020

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The House passed four bills Friday, including House Bill 4198, relating to contraceptive drugs.

House Bill 4198 permits a person to obtain a 12-month supply of contraceptive drugs at one time, using their insurance. The bill states that a health benefit plan that provides coverage shall allow the insured to receive the contraceptive drugs on-site at the provider’s office, if available. Dispensing practices must follow all guidelines for prescribing and dispensing in order to protect the health of the patient, while also maximizing access for contraceptive drugs.

The House completed action for Senate Bills 300 and 310, which are effective from passage. House Bills 4217, 4406 and 4513 were also passed.

Eleven bills were advanced to third reading. Eight bills were advanced to second reading. Action for three bills, House Bills 4155, 4620 and 4690, were postponed for one day.

Six resolutions were introduced.

The House is adjourned until 11 a.m. Monday.

Senate Passes Public Health Bill

Senate Floor Session

Madison Perdue

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February 14, 2020

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The Senate met at 11:00 a.m. today and passed four bills.

SB 288 deals with family planning and child spacing. The bill charges the Bureau of Public Health with implementing a plan to prevent unborn children from being exposed to illicit substances and neonatal abstinence syndrome. This prevention would involve outreach, education, and the provision of free and effective pregnancy prevention for addicted individuals at risk for pregnancy. Under this bill. The Bureau for Public Health may provide approved advice, medicines, and devices to local boards of health.

SB 554 requires a lessee to deliver a recordable release for terminated, expired, or cancelled oil or natural gas leases to the lessor within a specific time and without any cost. The bill also provides for a procedure to allow a lessor to serve notice to a lessee if the lessee doesn’t provide said release in a timely manner.

SB 583 creates a program to improve the development of renewable energy resources in the state in order to further West Virginia’s economic development.

SB 733 allows a group to become a recognized political party if the group’s candidate for president or governor receives at least 1% of statewide votes.

Senate bills 781-796 were introduced and referred to the appropriate committees.

The Senate adopted SR 40, recognizing and thanking WV Gold Star Mothers for their dedication to veterans and their families. A brief recess was held for the presentation of this resolution.

The Senate is adjourned until 11:00 a. m. on Monday morning.