Blog – Page 105

House Bill Provides Worker’s Compensation for PTSD

House Committee

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February 17, 2020

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.

House Legislation Feb. 7-14

Juliet Thomas

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February 14, 2020

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As of Friday, February 14, 2020, there have been 1,509 bills introduced in the House and 117 bills have been passed and now are before the Senate.

House Bill 2527 sets criminal penalties for forgery or other crimes concerning lottery tickets. Those guilty of this felony shall be fined up to $1000 and be imprisoned in a state correctional facility for a sentence of one to five years.

House Bill 4582 provides payments to certain vendors that the state owes money to, because the agency reached its budget limit.

House Bill 4611 relates generally to fireworks; reducing certification fees for both temporary and permanent retail sales locations for fireworks and requiring the State Fire Marshal to establish a procedure that allows a fireworks retailer to combine and pay all applicable fees in a single payment.

House Bill 4618 allows for the public display of deadly weapons for sale, for example in a window of a shop for advertising purposes. The bill includes any deadly weapon, machine gun, fully automatic weapon, rifle, shotgun or ammunition for sale.

House Bill 4661 permits a natural gas utility to make a proposal to the Public Service Commission for incentivized gas drilling where dependable, lower-priced supplies of natural gas are not readily available. The bill permits a natural gas utility to recover the cost reasonably necessary to convert a customer to an alternate fuel source when gas service to that customer has been abandoned. The bill permits natural gas utilities to recover those conversion costs.

House Bill 4691 creates greater provisions for school systems to recruit and employ newly graduated and substitute teachers in areas of critical need. The bill extends the date upon provisions relating to the employment of retired teachers for areas in critical need until June 2025.

House Bill 4069 creates the West Virginia Student Religious Liberties Act. This bill provides that public school districts cannot discriminate against student’s religious beliefs. Students may express their religious views in schoolwork and pray during the school day without being penalized or rewarded. The bill also sets parameters for speakers at non-graduation and graduation events. This legislation cooperates with standards set forward by the federal government and the United States Constitution.

House Bill 4178 requires that calls for emergency service which are recorded be maintained for a period of five years.

House Bill 4478 bars a commercial driver who has been convicted of a felony involving “severe forms of trafficking in persons” from holding a commercial driver’s license for life.

House Bill 4544 makes the provisions of the current law applicable to persons 18 years of age or older who are convicted of distribution of a controlled substance within 200 feet of public library in this state.

House Bill 4551 defines criteria for continuing to receive an adoption subsidy when the adopted child is placed out of the home. The bill establishes an enhanced definition of the “support” requirement codified in the Federal Social Security Act. The bill also provides mechanisms for reducing the subsidy for families with children in long-term residential placement.

House Bill 4576 establishes a procedure for correcting obvious errors in deeds, deeds of trust, and mortgages, and establishing a format for the corrective affidavit and notice of an intent to correct an obvious description error.

Senate Bill 16 create the Protect Our Right to Unite Act. The bill relates generally to protecting an individual’s constitutional right to privacy in association.

Senate Bill 35 limits the civil penalties for littering to $2,000 and sets a minimum fine to $200.

Senate Bill 46 defines “pepper spray” and exempts pepper spray from the definition of “deadly weapons” where it used to be classified as.

Senate Bill 300 updates the meaning of federal taxable income and certain other terms used in the West Virginia Corporation Net Income Tax Act.

Senate Bill 310 updates the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act.

Senate Bill 321 creates uniformity relating to the collection of taxes, the priority of distribution of an estate, and to limit the liability of a fiduciary charged with distribution of the estate.

Senate Bill 449 authorizes certain agencies of the Department of Commerce to promulgate legislative rules.

Senate Bill 470 specifies rules and measurements for crossbow hunters. The crossbow must have a minimum draw weight of 125 pounds, have a working safety, and must be used with bolts and arrows at least 16 inches in length.

Senate Bill 487 creates an exception to the requirement that Division of Natural Resources payments be deposited in bank within 24 hours.

Senate Bill 500 removes the requirement for applicants for a Class Y special crossbow to provide written release authorizing examination of all medical records regarding qualifying disability.

Senate Bill 501 adds protection for the operation of North Bend Rail Trail, Greenbrier River Trail, and Elk River Trail to Parks and Recreation Section of the Department of Natural Resources.

Senate Bill 532 provides for the distribution of the assets remaining in a municipal policemen’s or firemen’s pension and relief fund upon the death the last remaining retiree or beneficiary receiving benefits under the fund.

Senate Bill 676 permits fees from the Central Abuse Registry to be used for costs relating to information technology support and infrastructure. The bill permits the term “criminal recording keeping” to include data creation.

Senate Legislation Feb. 7-14

Madison Perdue

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February 14, 2020

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As of Friday, February 14th, 2020, 796 bills have been introduced in the Senate. Of those bills, 109 have passed and advanced to the House.

SB 96 prohibits municipalities form limiting an individual’s right to purchase, possess, transfer or own deadly weapons or pepper spray. This bill also restricts the award of attorney fees to petitioners seeking redress under this law, but only for those who prevail.

SB 97 adds to the circumstances allowing a senior judge or justice to receive per diem compensation after the judge or justice has already been given the annual salary of a sitting court judge.

SB 131 creates the Tim Tebow Act. This bill allows homeschooled students or students enrolled in a private parochial school that is not a member of the Secondary Schools Activity Commission to participate in sports or other activities in schools belonging to that commission.

SB 163 allows the collection of the hotel occupancy tax by marketplace facilitators.

SB 180 requires that a court’s accounting of amounts due for crime victim restitution be identified separately. The bill also provides that court costs collected under the Second Chance Driver’s License Program that can be attributed to this restitution are not subject to the 5% offset for use by the Director of Justice Community Services.

SB 195 updates the powers of a personal representative, administrator, trustee or executive of a deceased person’s estate.

SB 208 changes the time period for prices of certain necessities is not to be increased during a state of emergency.

SB 230 requires the Board of Education to provide routine education on student suicide prevention to school faculty and staff. This would include teaching the warning signs and resources for suicide prevention.

SB 266 updates and clarifies provisions regarding special license plates for Fairmont State University.

SB 275 would create an Intermediate Court of Appeals.

SB 517 creates the State Parks and recreation Endowment Fund, receiving funding from the leasing of gas, oil and minerals from underneath the Ohio River and its tributaries.

SB 573 amends an item of appropriation and account for the designated spending units and expenditure for the 2020 fiscal year.

SB 575 allows the governing entity of a local fire department to designate its premises as a safe-surrender site that can accept physical custody of a child 30 days old or younger from a person who has legal custody of the child.

SB 576 updates the Records Management and Preservation Act to reflect current and modern practices of storing public records. The bill removes the formal advisory committee and terminates the requirement for an administrator to store agencies’ essential records.

SB 600 creates the Military Authority Fund, a special revenue account for the State Treasury. The account will be administered by the Adjunct General for nonfederal government revenues and expenses received by this account.

SB 607 requires that all parties involved in a vehicle crash receive each other’s information. The law-enforcement officer who reports the crash must share the owner/operator and insurance information with all involved within 24 hours of the crash.

SB 618 aligns current state law to federal law regarding the requirements for the location of salvage yards within 1,000 feet of an occupied private residence.

SB 641 allows the West Virginia Children’s Health Insurance Program to have flexibility in rate setting to save money to help with the budget shortfall and move program from fee-for-service to a managed care benefit. The bill creates a benefit plan for uninsured children in families with an income between 200%-300% of the federal poverty level.

SB 654 allows some sheriffs to transfer from the Public Employees Retirement System to the Deputy Sheriff Retirement System.

SB 657 allows for the designation of tourism development districts in agreement with qualifying tourism development projects in municipalities with less that 2,000 residents. The bill includes oversight of these districts and development office control.

SB 664 adds a physician’s assistants, psychologists and advanced practice registered nurses to the list of medical professionals who can determine when a person lacks capacity.

SB 665 requires individuals convicted of certain crimes on or after March 8, 1995 to provide DNA samples.

SB 676 permits fees from the Central Abuse Registry to be used for IT support and infrastructure costs.

SB 678 waives fees and eliminates obstacles for obtaining a driver’s license for individuals who complete the GOALS program.

Completed Legislation Feb. 7-14

Juliet Thomas

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February 14, 2020

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HB 2602 includes the possession of known stolen property in the offense for the transference of stolen property.

HB 2924 allows the West Virginia Tourism Office to contact the Division of Highways to sell advertising space on the WV511 website to raise capital to improve the website and to promote in-state tourism. 50% of the funds from each sale must be deposited in the Tourism Promotion Fund and 50% must be remitted to the Division of Highways.

HB 4129 provides that if a child to be adopted has been removed from an abusive or neglectful home, the petition for adoption can be filed in the same county as the original abuse or neglect proceeding. The bill also requires the Department of Health and Human Resources to pay for adoption services.

HB 4141 requires the Department of Administration to publish a comprehensive annual financial report.

HB 4179 creates the Recognition of Emergency Services Personnel Licensure Interstate Compact. The bill was first recommended by the Joint Committee on Volunteer Fire Departments and Emergency Medical Services for introduction and passage during this year’s Regular Session.

Senate Passes Bill to Create Tim Tebow Act

Madison Perdue

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February 14, 2020

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Senate Passes Bill to Create Tim Tebow Act

Bill to allow homeschooled students to participate in public school athletics raises support and concerns

On February 11, 2020, the Senate passed SB 131, which creates the Tim Tebow Act, named after the one time pro football player and current outfielder in the New York Mets organization who was a homeschool student. The bill allows homeschooled or students enrolled in a private or parochial institution that does not have membership in the Secondary Schools Activities Commission to participate in athletics and other extracurricular activities in public schools belonging to the commission.

The bill requires that qualifying students, designated Tebow students, are to submit to all of the requirements for student athletes in public schools. These students must pay the same participation and activity fees, if any, that the member school requires its athletes. The students are also required to adhere to the member school’s academic standards that are confirmed by documentation given to the member school. The bill defines this documentation and also requires a portfolio of the previous semester’s schoolwork for the Tebow student.

Under this bill, any insurance provided by a district school board for individuals partaking in extracurricular activities will cover a Tebow student who qualifies. The Tebow student is required to pay the fee for an additional premium, if one exists. The students are also required to have the same physical examinations and immunizations as public school athletes.

Senator Patricia Puertas-Rucker, R-Jefferson, presented the bill during its third reading and answered questions from the Senate regarding the passage of the bill. Many members voiced their concerns about the unintended consequences of the bill, such as low-performing students leaving public schools but still being permitted to play. Others stated that they feared potential lashes with the SSAC, and potential interference with systems already in place around the state. Others rose in support of the bill, saying that the Tim Tebow Act would be beneficial to student physical, mental and social health.

Rucker closed the debate by explaining that the bill ensures sufficient oversight, and that the homeschooled students would be required to meet the same standards as athletes enrolled in public schools.

The bill passed 24-9 in the Senate on Tuesday, and has advanced to the House of Delegates for further consideration.

There are still concerns within the Senate about the passage of the bill and how it may be changed or improved. Senator Stephen Baldwin, D-Greenbrier, anticipates that the bill will be highly debated in the House and will likely undergo amendments. “This is a highly controversial bill,” Baldwin said. “I had trouble deciding which way to vote. In the end, I voted in favor of the bill, on the side of inclusion, but there are still concerns.”

During the second reading of the bill, Baldwin proposed three amendments to the Senate, which did not pass. These amendments would count “Tim Tebow” students as quarter-time students for insurance purposes, make the Tim Tebow Act permissive to the decisions of the counties, and create other requirements for good standing for the homeschooled students. Baldwin said that he believes it is a possibility that these amendments will be introduced again in the House, and that delegates may create many amendments of their own.

Senator Rucker believes that the bill will pass in the House. “This bill does not create a right or a guarantee that all homeschooled students will be accepted onto every school team,” she said. “The bill simply creates an opportunity for homeschooled students to be more involved. I feel strongly that all West Virginia students can benefit from this legislation.”

When asked how she would address those expressing concerns about low-performing students and potential loopholes, Rucker said, “All homeschool students have specific requirements, and requirements for ‘Tim Tebow’ students are more and tougher in order to create an equal playing field for student athletes.”

It has been referred to the House Education Committee where it awaits discussion.

House Bill Adds Support for Teachers

House Committee

Juliet Thomas

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February 13, 2020

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The House Education Committee advanced House Bill 4804, which establishes framework for a teacher mentor program across the state.

House Bill 4804 permits county school boards to adopt a teacher mentor program that creates a comprehensive system of support for new teachers. This program’s goal is to facilitate emerging, entry-level teachers’ growth into advanced teachers. Teacher mentor programs do already exist within the state but this bill seeks to expand it to all 55 counties and provide funding for each school district to implement the program.

Research shows that schools in West Virginia lose a high percentage of teachers in the first five years of their careers. These teachers are not leaving to teach elsewhere, they are leaving the profession all together. During the first few years of teacher observations, the school systems across the county have discovered that new teachers are struggling with some of the same issues.

Mentor teachers are entitled to additional compensation and duties as they progress as mentors in this program. Depending on the standards set by each county school board, mentor teachers may work with other teachers in different schools within the county.

Delegate Cody Thompson, D-Randolph, is a mentor teacher in his district. In the committee, he strongly supported this bill. He stated that his school’s program is not as effective as it has the potential to be because there is limited time during the day for them to meet and work together on issues.

“The more time teachers have to work with each other, the more successful schools are,” he said.

This bill models legislation in Tennessee. House Bill 4804 was referred to the House Finance Committee before being reported to the full House.

The House Education Committee also advanced House Bill 4649. This bill requires the state Board of Education to implement trauma-informed practices in schools.

Trauma-informed practices are meant to help children in schools that have learning difficulties due to trauma that was experienced in their home lives.

Martha Wright, director of development for Crittenton Services in Wheeling, West Virginia gave testimony to the committee. Wheeling County schools have implemented these practices already in collaboration with the West Virginia University Social Work Program and have seen significant results.

“Children are not just acting up because of early exposure of trauma, their brains are wired differently. You cannot discipline the trauma out of them,” Wright said.

This program provides education for parents and students. Wright said that their program never charges schools for their services. Services are both funded privately and by the Department of Human Resources. Therefore, there was no estimated fiscal impact from the bill.
House Bill 4649 was reported to the floor with the recommendation that it pass.