Blog – Page 106

Senate Finance Advances Bill to Provide Mental Health Parity

Senate Committee

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February 13, 2020

Senate Finance Advances Bill to Provide Mental Health Parity

The Senate Finance Committee met at 3:00 p.m. today to discuss four bills, all of which were reported to the full Senate with recommendation for passage.

One bill, SB 291, requires the Public Employees Insurance Agency and other health insurance providers to provide mental health parity between mental health, behavioral health, substance use disorders and medical procedures. The bill also requires PEIA to submit an annual report and provides for rulemaking.

SB 719 addresses health care provider taxes. The bill creates a tiered tax on HMOs in a way that permits the maximization of federal dollars to be used in the state Medicaid program.

SB 740 clarifies authorized use of money allocated for the administration of the Ron Yost Personal Assistance Services Program. This bill was requested by the Division of Rehabilitation Services

SB 655 clarifies the types of operating expenses for valuing the production of oil and natural gas wells. The bill also clarifies the methodology used by the Tax Commissioner in calculating operating expenses, the confidentiality of information given to the Tax Commissioner by natural resource producers and reports the Tax Commissioner is to report to the Joint Committee on Government and Finance.

This bill raised some concerns in the committee. Senator Douglas E. Facemire, D-Braxton, expressed concerns about the costs and potential consequences of the bill, and whether the counties would benefit from the bill. A representative from the industry explained that the purpose of the bill was not to necessary lower taxes but would help West Virginia compete with surrounding states for investments.

House Passes Subsidized Adoption Bill

House Floor Session

Juliet Thomas

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February 13, 2020

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The House passed House Bill 4551, which establishes the criteria for receiving payments from a subsidized adoption.

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.

A payment will not be made to adoptive parents or legal guardians of a child that is 18 years of age that doesn’t have special needs that would otherwise require continued payment, to parents of a child of 21 years of age, and to parents that are no longer supporting the child. Adoptive parents that receive adoption subsidies must keep the department informed of circumstances that would make them ineligible for payment.

The House concurred with the Senate amendments for two bills, House Bills 2602 and 4141, which completed action on these bills. The House also completed action for Senate Bills 16 and 676. Senate Bill 560 was amended and will go back to the Senate. The House refused to concur with the Senate amendment for House Bill 4179, so it will also go back to the Senate.

The House also passed nine other House Bills.

Six bills were advanced to third reading. Fourteen bills were advanced to second reading.

Two resolutions were introduced.

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

Senate Passes 3 Bills, Completes Legislation for 2

Senate Floor Session

Madison Perdue

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February 13, 2020

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Senate Passes 3 Bills, Completes Legislation for 2

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

SB 202 allows one member if a public district service board to be a county commissioner of the county commission. This individual would have the authority to appoint board members regardless of whether the commissioner lives in the district.

SB 232 removes the outdated prohibition of mechanical and electronic ticket dispensers along with other digital fundraising platforms. The bill also updates the definition of “raffle”.

SB 638 creates new private club licenses and requirements for private night clubs, private wedding venues, private multi-vendor fairs and festivals and private tennis club licenses. The bill describes the conditions and criteria for these licenses and requirements.

The Senate concurred with House amendments for 2 Senate bills, completing legislative action for these bills.

SB 35 limits the civil penalty for littering to $2,000 to cover investigations and cleanup expenses.

SB 532 provides for the distribution of assets in a municipal policemen’s or firemen’s pension and relief fund after the last retiree receiving benefits from the fund has died.
Senate bills 762-777 were introduced and referred to the appropriate committees.

The Senate adopted Resolution 38, recognizing the contributions AARP President Rich Stonestreet to the people of West Virginia. Resolution 39 was also adopted, designating February 13th, 2020 as Tiny Hearts day at the Legislature. Two brief recesses were held for the presentation of these resolutions.

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

The Senate Education Committee will meet at 2:00 p.m. in room 451M.

The Senate Committee on Government Organization will meet at 2:00 p.m. in room 208W.

The Senate Finance Committee will meet at 3:00 p.m. in room 451W.

The Senate Judiciary Committee will meet at 3:00 p.m. in room 208W.

House Finance Advances Foster Care Bill

House Committee

Andrea Lannom

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February 12, 2020

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In a brief meeting Wednesday evening, the House Finance Committee advanced a bill aiming to reform West Virginia’s foster care system.

The committee advanced a committee substitute for House Bill 4092, which previously advanced through Judiciary and Health and Human Resources. The committee substitute is substantively similar to the versions advanced out of the other committees.

The bill would establish a foster child and foster parent bill of rights, which has been enacted in about 15 other states, raises the pay for foster parents, and establishes minimum guidelines for guardians ad litem.

Under the bill, the per diem rate for foster families was increased from $55 to $75 a day with a 40% minimum to go directly to foster families—equating to a $30 per day minimum for foster families.

The state’s share of the cost was estimated to be about $16.9 million with a majority of money to be drawn down from the federal government.

Before advancing the bill, Delegate Jeffrey Pack, R-Raleigh, thanked the committee for taking up the bill.

“This bill is the result of months and months and months of hard work,” Pack said. “I just want to thank the committee for taking this up.”

House Bill Creates Transition for Coal Jobs

House Committee

Juliet Thomas

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February 12, 2020

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House Bill Creates Transition for Coal Jobs

The House Small Business, Entrepreneurship and Economic Development Committee advanced a bill that establishes a program to facilitate the recovery of areas of the state that have been affected by the coal industry.

House Bill 4574 creates the Just Transition Office to diversify the economy and rebuild communities in areas of the state that have been heavily impacted by the receding coal industry.

In 1978, the coal industry employed 63,000 West Virginians. In 2018, that number has been reduced to only 12,000 coal miners in the state. This follows a trend of the nation which has been moving away from coal as an energy source and moving toward alternative energy sources.

The duties of the office include reinvesting financial resources in communities affected by the decline of coal jobs. The purpose is to create new jobs that are sustainable and will grow local and regional economies. The new jobs that are proposed in the area must provide livable wages that are capable of supporting families, comparable to mining job’s salaries in the past.

Among many other duties, the director of the Just Transition Office must identify or estimate facility closures and job layoffs within coal mining communities. The director will also facilitate the management and redevelopment of coal mines, coal power plants, residential housing and commercial building stock in the affected communities.

This bill models successful legislation from West Virginia’s neighboring state of Kentucky. Kentucky felt similar losses to West Virginia with the decline of the coal industry, and their government has been proactive in creating new jobs and new investments to replace the ones that have been lost.

In the committee, this bill had bipartisan support. House Bill 4574 will be referred to the House Government Organization Committee before being reported to the full House.

House Passes Sex Trafficking Bill

House Floor Session

Juliet Thomas

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February 12, 2020

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The House passed five bills Wednesday, including a bill that establishes a lifetime ban of commercial driver’s licenses for those convicted of sex trafficking.

House Bill 4478 would bar a commercial driver convicted of a felony involving “severe forms of trafficking in persons.” Severe forms of trafficking in persons is defined in United States federal code. This is defined as a commercial sex act which is induced by force, fraud, or coercion, or in which the acts are performed by a minor; or the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

There was an objection to explaining all bills on third reading. The clerk read each bill in full because of this motion.

The House completed Senate Bills 321 and 449. The House passed Senate Bills 35 and 532, which will go back to the Senate as amended.

Thirteen bills advanced to third reading. Seven bills advanced to second reading.

Four resolutions were introduced.

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

Senate Finance Advances 3 Originating Bills

Senate Committee

Madison Perdue

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February 12, 2020

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Senate Finance Advances 3 Originating Bills

The Senate Finance Committee met at 3 p.m. Wednesday to discuss three bills originating in the committee, all of which were reported to the full Senate.

Originating bills 1 and 2 were previously included in SB 571, but were removed from the committee substitute for clarification purposes.

Originating Bill 1 expires funds from the State Excess Lottery Revenue Fund to the Department of Health and Human Resources and clarifies amounts.

Originating Bill 2 expires funds from the State Lottery Excess Revenue Fund to the Department of Veteran’s Assistance.

Originating Bill 3 supplements, decreases, amends and creates new appropriation to the WV National Guard Counterdrug Forfeiture Fund.

SB 725 was also advanced to the full Senate. This bill creates another supplemental appropriation to the Department of Education.

Senate Passes Bill Eliminating Waiting Period for Adoption Petition

Senate Floor Session

Madison Perdue

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February 12, 2020

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Senate Passes Bill Eliminating Waiting Period for Adoption Petition

The Senate convened at 11 a.m. Wednesday, passing 15 bills, including one that eliminates the 45-day waiting period for adoption petitions.

HB 4129 was passed, completing legislation for the bill. This bill 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.

The Senate also passed HB 4179, which 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.

House bills 4141, 2602 and 2924 were also passed in the Senate on Wednesday.

The Senate passed ten Senate bills, including Senate Bill 230, which 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.

The Senate also passed Senate Bill 641, which 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.

Senate bills 163, 180, 545, 571, 647, 662, 664 and 674 were all passed and will advance to the House.

The Senate concurred with the House on Senate bills 364, 500 and 501, completing legislation for these bills.

The Senate adopted Resolution 37, designating February 12, 2020 as WV Literacy Day. A brief recess was held for the presentation of this resolution.

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

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

House Education Advances Bill to Provide Mental Health Services to Students

House Committee

Andrea Lannom

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February 11, 2020

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House Education Advances Bill to Provide Mental Health Services to Students

The House Education Committee advanced five bills Tuesday, including a bill that aims to provide adequate mental health services for students.

House Bill 4112 sets forth that county school boards would provide adequate mental health services for all students attending public schools, that school boards may take other action to protect students from harming themselves or others, and that school boards would provide mental health services to students as a result of issues stemming from substance use disorder.

This would begin in the 2022-2023 school year and provides that school boards employee at least one full-time psychologist per 1,000 students in grades K-7. Counsel explained the school boards could also contract with school psychologists.

Amy Willard, director of school finance for the West Virginia Department of Education, told the committee that some counties exceeded the ratio proposed under the bill but other counties don’t currently have psychologists on staff. Willard explained there is a shortage of school psychologists and West Virginia only retains half of new graduates each year to fill those positions.

“A lot go elsewhere so we have difficulty filling these positions,” Willard said.

The bill now heads to the House Finance Committee.

The committee also advanced House Bill 4165, which would establish the West Virginia Remembers Program. Under this program, veterans would volunteer to share their experience in an educational setting.

The bill now heads to the House floor.

The committee advanced House Bill 4720, which would expand last year’s Senate Bill 1 to include not-for-profit baccalaureate institutions as eligible schools under the West Virginia Invest Grant Program. This would enable these institutions to partner in advanced career education program partnerships.

Delegate John Doyle, D-Jefferson, opposed the bill, saying he felt the state should wait another year to see how Senate Bill 1 affects public institutions first.

Delegate Caleb Hanna, R-Nicholas, supported the legislation, saying he felt the bill would give rural students more options.

“For a lot of students, in order to use the two-year invest grant, they have to drive 2.5 hours away to find a school that accepts the West Virginia Invest Grants,” Hanna said.

The bill now goes before House Finance.

In the Education Committee’s evening meeting, members advanced two more bills. One bill, House Bill 4519, would establish an optional summer youth intern pilot program within the Department of Commerce.

Currently, there is no exact figure for the fiscal note, however, Commerce estimated it could cost between $150,000 and $200,000 for the first year and the department would not be able to start the program this year. The bill anticipates these internships to be paid.

Additionally, the committee advanced House Bill 4729, after a subcommittee assigned earlier to review the bill reported out a committee substitute. This bill would require higher education institutions to use previous versions of instructional materials unless the school’s board of governors approved the need for a newer version.

Earlier Tuesday, Travis Mollohan, director of state and local relations for WVU, told the committee he believed there were several issues with the bill. One issue, he said, is that going to the board of governors or another committee each time a professor believes new materials are needed could bog down the board. He also said the committee should consider revising the bill to include occupations that need updated materials, including health care professions.

The committee substitute changed the decision of whether to use new versions of instructional materials from the board of governors to an education resource committee. The committee substitute also made it where employees could not profit from decisions to use educational resources.

The committee substitute was adopted and the bill was advanced.

The committee delayed action on House Bill 4492, which would establish the West Virginia Children’s Vision Act. The bill would require children to have proof of vision exams before enrolling in public schools.

House Veterans Affairs Advances Defend the Guard Act

House Committee

Andrea Lannom

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February 11, 2020

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House Veterans Affairs Advances Defend the Guard Act

The House Veterans Affairs Committee advanced the Defend the Guard Act in its Tuesday meeting.

House Bill 2732 would require an official declaration of war by Congress before members of the West Virginia National Guard could be released from state control to participate in active duty combat.

Delegates mentioned constitutional concerns about the bill. Lead sponsor, Delegate Pat McGeehan, R-Hancock, also addressed the committee. McGeehan said close to a dozen other states have introduced similar legislation.

In a 15-7 vote, the committee advanced the bill, which now heads before House Judiciary.

The committee also advanced House Bill 4176, the West Virginia Intelligence/Fusion Center Act. The facility has been in operation since 2008 and supports local, state and federal agencies to prevent and respond to criminal and terrorist activity in the state.

The strike and insert amendment, which was adopted, added safeguards and protections of civil liberties, required cooperation for the resiliency office, and changed references of the Department of Military Affairs and Public Safety (DMAPS) to the Department of Homeland Security. Counsel said the bill codified the center’s statutory authority.

The bill is second referenced to the Judiciary Committee.

The committee also advanced House Bill 4485, which reorganizes and re-designates DMAPS as the Department of Homeland Security. The bill also creates a state resiliency office, which is the product of recommendations from the Interim Flooding Committee

This bill also now heads to the Judiciary Committee.