Blog – Page 109

Senate Rejects Resolution for Preserving Separation of Powers Amendment

Senate Floor Session

Madison Perdue

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February 5, 2020

Senate Rejects Resolution for Preserving Separation of Powers Amendment

The Senate met at 11:00 AM today and discussed Senate Joint Resolution 7,which would create the “Preserving the Separation of Powers Amendment” to West Virginia’s State Constitution. The amendment would dictate that the courts would have no authority to interfere with legislative proceedings.

The resolution was presented by Senator Charles S. Trump IV, R-Morgan, who yielded to questions and discussion by the Senate. Senator Trump addressed concerns about the constitutionality of the amendment and whether this resolution would interfere with the checks and balances of state government. Trump assured the Senate that the resolution would not interfere with judicial review, and the purpose of the resolution is to avoid judicial tyranny.

Other members of the Senate expressed disapproval for the amendment, raising some concerns about the safety of the State Constitution and legislative proceedings involving the courts.

20 members voted in favor of the amendment and 13 voted against it. The resolution was rejected because its adoption did not receive more than 2/3 of the votes.

10 bills were passed during today’s floor session.

Legislation was competed for House bill 4091, which allows for expedited oil and gas well permitting upon payment of fees.

The Senate also passed House bill 4393, which creates criminal penalties for asphyxiation and suffocation, and adds the terms to the definition of strangulation. The Senate requests the House to concur before advancing the bill to the governor.

Senate bills 190, 300, 308, 316, 544, 551 and 560 were passed and will advance to the House.

The Senate adopted Resolution 30, designating February 5, 2020 as Tucker County Day. Resolution 31 was also adopted, designating today as Cancer Survivorship Day. Two brief recesses were held for the presentations of these resolutions.

Senate bills 699-715 were introduced and referred to the appropriate committees.

The Senate is adjourned until 11:00 AM tomorrow.

The Senate Committee on Economic Development will meet at 1:30 PM in room 208W.

The Senate Pensions Committee will meet at 2:00 PM in room 451M.

The Senate Committee on Agriculture and Rural Development will meet at 2:00 Pm in room 208W.

The Senate Judiciary Committee will meet at 3:00 PM today in room 208W.

The Senate Select Committee on Children and Families will meet tomorrow at 9:30 AM

House Passes Anesthesia Bill

House Floor Session

Juliet Thomas

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February 5, 2020

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The House passed 12 bills Wednesday, including one relating to administering anesthetics.

House Bill 4356 updates credentials for certified nurse anesthetists who cooperate with a physician or dentist. An amendment offered on third reading was adopted, which states that the administration of anesthesia may be provided by a certified registered nurse anesthetist (CRNA) in cooperation with an anesthesiologist. If no anesthesiologist is readily available, the administration of anesthesia may be provided by a certified registered nurse anesthetist, in cooperation with a physician or dentist.

Under this bill, surgeons will not have to direct or be in the presence of the CRNA during the administration of anesthesia. The patient will be ready for their procedure once the doctor walks into the room. The bill aims to benefit rural or smaller hospitals that do not have anesthesiologists readily available to perform procedures. It will also not hold physicians or dentists liable for the practice of the CRNA.

The bill passed as amended.

The House also passed 11 other bills and completed action on Senate Bills 311 and 357. Senate Bill 311 provides that a judge or magistrate may choose to order community service in lieu of incarceration or a fine. Under this bill, an 8-hour day of service substitutes for one day of incarceration. The purpose of this bill is to reduce the prison population and also have more people participating in services that benefit the community.

Three bills were advanced to third reading. Seventeen bills were advanced to second reading.

House Bills 4692-4711 were introduced.

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

House Health Advances Tobacco Cessation Bill

House Committee

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February 5, 2020

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House Health Advances Tobacco Cessation Bill

The House Health and Human Resources Committee advanced five bills, including one that would dedicate interest from the Rainy Day B Fund to smoking prevention and cessation efforts.

In their Tuesday evening meeting, committee members took up House Bill 4494, the Tobacco Use Cessation Initiative. The bill would take a portion of interest out of the Rainy Day B Fund and place it into a Tobacco Cessation Fund, which would be used by the Division for Tobacco Cessation. In consultation with an advisory board, the division would work on developing evidence-based programs to reduce smoking.

The Rainy Day B Fund was established following a 1998 settlement with tobacco companies. West Virginia took a portion of the tobacco settlement money as a down payment on the teacher retirement plan deficit. The remaining amount was placed into Rainy Day B, which depending on the market, can generate more than $20 million a year in interest.

Delegate Mick Bates, D-Raleigh, the lead sponsor of the bill, explained that the money in the Rainy Day B fund will remain unappropriated in that fund until 2025.

“This would take the lid off Rainy Day B and take a portion of interest to dedicate to evidence-based tobacco, including vaping, cessation and prevention efforts, to be determined by a task force,” Bates said.

The bill would not touch the principal already accumulated and would only dedicate 50% of the available interest. Smoking cessation programs would be funded through a special revenue account. The Legislature would determine the spending authority.

House Majority Leader Amy Summers, R-Taylor, explained that money cannot be taken from Rainy Day B until Rainy Day A has expired. Summers asked how the bill would change that. Bates explained the bill would change the date in which funds could be taken from Rainy Day B.

The bill now heads to the House Finance Committee.

The committee also advanced a bill that would allow the Office of Health Facility Licensure and Certification (OHFLAC) to impose civil penalties or to suspend licenses of behavioral health centers.

Currently, OHFLAC does not have that authority and can reprimand, stop admitting people on a temporary basis, or shut down a behavioral health center.

The committee heard from Mark Drennan, CEO of the West Virginia Behavioral Healthcare Providers Association, who told legislators that facilities struggle with attracting and retaining staff.

“For our direct care staff alone, there are 1,200 vacancies,” Drennan said. “This is directly related to pay. We have not had a significant rate increase since 2011.”

Drennan said there was an 8.5% increase last year but he believed that to retain people, wages would have to be increased to $13 per hour, which he said he believed would go farther than additional penalties. Drennan said he also was worried about the proposed elimination of the IDD Waiver wait list, because a certain amount of people would be in the health facilities.

“At this point, it would be hard to add 300 people to the rolls when we have 1,200 vacancies,” he said.

The committee advanced the bill, which next heads to the House Judiciary Committee.

The committee advanced three other bills Tuesday, including House Bill 4551, which narrows adoption subsidies including that subsidies would not be made for adopted children once they turn 18 years-old, unless there is a special need that warrants the continuance of assistance. The bill also would end subsidies after they turn 21 years-old and for those under 18 if the department determines the adoptive parent does not have a familial bond with the child.

This bill now heads to Finance.

The committee also advanced House Bill 4569, which adjusts the rates on managed care organizations, and reconsidered and then advanced House Bill 4003, which relates to telehealth insurance requirements. House Bill 4569 heads to Finance.

House Judiciary Advances Two Alcohol Bills

House Committee

Juliet Thomas

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February 4, 2020

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House Judiciary Advances Two Alcohol Bills

The House Judiciary Committee met Tuesday to consider several bills, two of which deal with alcohol laws.

House Bill 4524 permits the sale of alcoholic beverages (beer, wine and liquor) for off-premise consumption throughout the entire state. The bill provides an option for counties to prohibit alcohol sales if their local government chooses so. There are currently 13 dry areas in the state, including counties, towns and cities.

House Bill 4158 permits people of the legal drinking age to manufacture alcoholic liquor for personal or family use. This liquor is not allowed to be sold. Federal laws have criminal penalties for those guilty of this crime currently, where people found guilty can serve up to five years in prison and up to $10,000 in fines. This bill decriminalizes the action of home liquor production in the state of West Virginia.

An amendment offered in committee by Delegate Geoff Foster, R-Putnam, and Delegate Rodney Miller, D- Boone, changed the amount of liquored manufactured in a calendar year under this bill from 100 gallons per person in the household to 50 gallons.

The amendment was passed in committee.

Both House Bill 4524 and 4158 were reported to the full house with the recommendation of passage. The Judiciary Committee also advanced House Bills 4576, 2527 and 4067.

House Completes One Bill, Passes Six

House Floor Session

Juliet Thomas

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February 4, 2020

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The House concurred with the Senate amendment for House Bill 4103 on Tuesday, therefore completing action on the bill. The House also passed 6 bills.

House Bill 4103 clarifies the organizational structure of the Office of Drug Control Policy (ODCP) within the Department of Health Human Resources. The ODCP is responsible for several duties, including creating policies that will help drug, alcohol and tobacco issues.

House Bill 4412 relates to educational benefits for members of the U.S. National Guard. Under current law, West Virginia is responsible for paying tuition and fees for higher education for students who are members of the National Guard. This bill provides that the federal government will pay the tuition and fees first, rather than covering the remainder. This saves money from out-of-pocket costs for students that are members of the National Guard. There are other states that have passed similar legislation.

House Bill 2892 relates to searches and seizures of digital property. This bill defines the terms of “digital and virtual information.” This bill includes digital and virtual information in the definition of property that can be searched and seized under a warrant. If a warrant is issued for an electronic device, then the information that the item contains is also permitted to be searched.

The House also passed House Bills 2164, 4102, 4137 and 4434.

Action for two bills, House Bills 4001 and 4356, were delayed

Thirteen bills were advanced to third reading. Three bills were advanced to second reading.

Five resolutions were introduced Tuesday. House Bills 4665-4690 were also introduced.

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

Senate Finance Advances Bill for Intermediate Court of Appeals

Senate Committee

Madison Perdue

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February 4, 2020

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Senate Finance Advances Bill for Intermediate Court of Appeals

The Senate Finance Committee met at 3:00 PM today to discuss three bills.

One bill of particular interest to the committee was the committee substitute for SB 275, which creates the West Virginia Intermediate Court of Appeals. This bill was discussed by the Senate Judiciary Committee last week and was heavily debated before being advanced to Senate Finance.

This committee was also divided, many members sharing the concerns of Senate Judiciary. Senator Corey Polumbo, D-Kanawha, spoke against the bill, saying that the workload of the WV Supreme Court of Appeals has lowered, and has been working effectively to issue opinions on every case.

Senator Douglas E. Facemire, D-Braxton, also opposed the bill, stating that the priority of the legislature’s budget should be directed elsewhere, and establishing an Intermediate Court of appeals was not necessary. Others expressed concerns that the creation of a new layer of Courts was not called for by the State Supreme Court, and that it was not prioritized by businesses coming to West Virginia.

The voice vote to report the bill to the full Senate was closely divided, but those in favor outnumbered those opposed. The bill will advance to the Senate with recommendation for passage.

Senate bills 517 and 573 were also discussed and will advance to the full Senate.

Senate Completes Action for House Bill on Insurance Liability

Senate Floor Session

Madison Perdue

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February 4, 2020

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Senate Completes Action for House Bill on Insurance Liability

The Senate convened at 11:00 AM today to discuss the passage of four bills, all of which were advanced.

One bill, House bill 4496, removes the specific mandate of the Board of Risk and Insurance Management to purchase liability insurance. The bill removes the reference to the Division of Corrections and Rehabilitation from a section of code. The Senate completed legislation for this bill and it awaits the signature of the governor.

The Senate also passed SB 240, which requires restaurants, hotels, and other food services to secure manhole covers for grease traps that are either outdoors or areas accessible to the public. The covers should be able to withstand expected loads and be kept out of the reach of children.

Another bill to pass to the House was SB 267, which creates a new criminal offense for failing to return conversion of leased or rented personal property.

SB 510 was also passed. The purpose of this bill is to make permanent a land reuse agency or municipal land bank’s right of first refusal on certain tax sale properties. The bill expands the circumstances for when the right of refusal may be used, and clarifies the provisions relating to the right of first refusal.

The Senate also adopted Resolution 28, designating February 4, 2020 as West Virginia Homeschool Day at the legislature. Additionally, Resolution 29 was adopted, designating today as West Virginia Alzheimer’s Association Day. Two brief recesses were held for the presentation of these resolutions.

The Senate is adjourned until 11:00 AM tomorrow.

The Senate Committee on Health and Human Resources will meet at 1:00 PM in room 451M.

The Senate Committee on Energy, Industry and Mining will meet at 1:00 PM today in room 208W.

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

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

The Senate Finance Committee will meet at 3:00 PM in room 451M.

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

The Senate Committee on Workforce will meet at 9:30 AM tomorrow in room 451M.

Senate Judiciary Adopts Legal Advertisement Bill

Senate Committee

Madison Perdue

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February 3, 2020

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Senate Judiciary Adopts Legal Advertisement Bill

The Senate Judiciary Committee met Monday afternoon to discuss three bills, all of which were advanced to the full Senate.

One bill, SB 136, prohibits specific misleading advertising practices. An example given by counsel was an advertiser appearing to give medical advice when that advertiser is not qualified. A representative from the U.S. Chamber of Commerce answered questions from the committee regarding the constitutionality of the bill. There had been previous concerns within the committee whether this would impose on free speech practices but the representative assured the committee that this would only apply to false, deceptive, or misleading advertisements.

Senate Bill 208 was also advanced, which aims to protect consumers from the unfair raising of prices during states of emergency. An example of this practice would be dramatically raising the prices of clean water during a water crisis.

The committee also advanced Senate Bill 678, which concerns waiving fines and fees for completing the Getting Over Addicted Lifestyles Successfully Program. The purpose of the bill would be to eliminate obstacles for obtaining a driver’s license for individuals who complete the program.

Senate Passes House Bill and 4 Senate Bills

Senate Floor Session

Madison Perdue

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February 3, 2020

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Senate Passes House Bill and 4 Senate Bills

The Senate met at 11 a.m. Monday, passing five bills.

One bill, House bill 4103, clarifies the organization of the Office of Drug Control Policy in the Department of Human Resources. The bill now heads to the House, which will decide whether to concur with a technical amendment.

The Senate also passed Senate Bill 281, which eliminates the residency requirement for individuals applying for reappointment to a municipal police department.

The Senate also passed Senate Bill 534. This bill would eliminate the Workers’ Compensation exclusion for employees serving the Legislature either temporarily or in support of the legislative session. The purpose of this bill is to bring state law into compliance with federal law.

Senate bills 547 and 582 were also passed and will advance to the House for further consideration.

The Senate is Adjourned until 11 a.m. Tuesday.

The Senate Committee on Banking and Insurance will meet at 2 p.m. in 451M.

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

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

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

The Senate Military Committee will meet at 10 a.m. Tuesday in 208W.

DHHR Presents Budget to House Finance

House Committee

Andrea Lannom

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February 3, 2020

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The deputy secretary for the DHHR presented the agency’s budget, which included plans to eliminate the IDD waiver wait list, the proposed creation of a Families First Reserve Fund, and plans to hire more CPS workers throughout the state.

Jeremiah Samples, deputy secretary for the DHHR, outlined the agency’s budget proposal in Monday morning’s House Finance Committee meeting.

Samples explained the DHHR is heavily federally funded with a federal match rate of about 75%. The total budget is $6.1 billion with $4.1 billion in federal revenue projected for the 2021 fiscal year. Medicaid makes up the bulk of proportional spend for the department, representing about 75%. Following Medicaid, the Bureau for Children and Families represents about half of non-Medicaid spending, he said.

The agency has a $19.7 million improvement request for Medicaid, including for the IDD waiver to add enough slots in the program to eliminate the wait list. Currently, he said, there are 1,100 people – 609 children— on the wait list.

Samples said between 12 and 15 people a month sign up for the program and as soon as people sign up July 1, the start of the new fiscal year, the wait list would start again. However, he told legislators there will be people who transition off the waiver too. Samples said there are usually around 150 people per year who no longer need to be in the program. Increasing the number of slots will help mitigate the further buildup of the wait list, he said.

Improvements for the Bureau for Children and Families total about $60 million including social services, child protective services, and facilities, all of which represent the largest improvements. About $14.9 million would cover things including foster care subsidies and adoption subsidies.

Samples said since 2011, there has been a more than 60% increase of kids in state custody and a 75% increase of babies taken into state custody. He said the rate of children taken into state custody is 16 kids per 1,000, compared to the national rate of six kids per 1,000.

For CPS, the department has a $4.4 million improvement request to add 87 staff across the state in child welfare, including CPS seniors, coordinators, social service coordinators, and adoption workers.

Samples also discussed the Medicaid surplus, which is projected to be $309 million at the end of the 2020 fiscal year. Reasons for the surplus included changes in the match rate, a 9% decrease in enrollment, mitigation of pharmacy costs, and maturation of managed care.

About $150 million of that surplus is proposed to be set aside into a Family First Reserve Fund, which would cover improvements in child welfare, facilities, and CHIP.

“Absent a reserve fund, we could find ourselves in a difficult situation where as soon as next year, in fiscal year 2022, we could have shortfalls in Medicaid,” he told the committee.