Blog – Page 114

House Education Adopts Feminine Hygiene Bill

House Committee

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January 23, 2020

House Education Adopts Feminine Hygiene Bill

The House Education Committee convened on Thursday, January 23 to consider two bills, including a bill that seeks to provide free feminine hygiene products in schools.

Under House Bill 2464, feminine products would be donated to schools and distributed to students free of cost. Although there is nothing currently in legislation that prohibits donations, this bill explicitly allows schools to solicit donations from individuals, private businesses and nonprofits.

Delegate Lisa Zukoff, D-Marshall, voiced her concerns for this issue during the committee meeting.
“[A lack of free feminine products] is a huge absentee issue in our state. If students don’t have access to these products, they won’t go to school,” she said.

Zukoff and a few other delegates wish to further this legislation by offering state or school board provided feminine products for lower-income counties in the state. At this time, the Education Committee decided to leave the fiscal note out of the bill and keep the products provided donation based.

This caused concerns for a few members of the committee. Delegates said they were concerned that lower-income counties, which have the highest need for free products, would receive less donations from individuals due to the higher need and financial status of people in the community.

The original bill was amended to include female students of all grade levels. Initially the bill was exclusive to female students from grades 6-12.

This bill will be examined in finance next before being reported to the full House.

Senate Committee on Children and Families Holds First Meeting

Senate Committee

Madison Perdue

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January 23, 2020

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Senate Committee on Children and Families Holds First Meeting

The Senate Select Committee on Children and families met for the first time today at 10:00 AM to discuss two bills and the priorities the committee has for this year’s session.

The first bill presented was SB 230, which discusses suicide prevention in schools. The bill would require the Board of Education to provide instruction to school staff on suicide awareness and prevention. The guidelines would be determined by the state board. The Committee adopted the bill and it is to be referred to the Senate Education Committee before being reported to the full Senate.

The Committee also discussed SB 236, which discusses online privacy for children. The bill would prohibit the online marketing of products or services to minors if they are only legally allowed to pe purchased by a person 18 years of age or older. The bill would also prohibit the personal data collection of minors, restrict the collection of personal data for marketing purposes, and allow minors to remove personal data from the internet. This bill has been moved to a subcommittee composed of senators Rucker, Roberts, and Hardesy for technical cleanup.

The committee also discussed its priorities for this year’s session, and seemed to agree that the main focus for the committee was foster care and the provision of homes and necessities for children born into underprivileged homes or those affected by the current opioid crisis in the state.

State Health Officer: 1 in 3 High School Students Use Vaping Products

House Committee

Andrea Lannom

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January 23, 2020

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State Health Officer: 1 in 3 High School Students Use Vaping Products

The number of West Virginia high school and middle school students who report using vaping products has drastically increased in the last two years.

Catherine Slemp, commissioner and state health officer for the Bureau for Public Health, presented updated data on e-cigarette usage during Thursday afternoon’s Prevention and Treatment of Substance Abuse meeting.

Slemp cited newly-released data from the Department of Education, Centers of Disease Control and Prevention, and the Bureau for Public Health. Back in 2017, West Virginia was slightly above the national average for vaping, Slemp said.

“The last two years, that number has skyrocketed,” she told the committee. “It is increasing faster than the national average.”

Slemp said more than one in three West Virginia high school students reported using electronic vaping products and more than 60% of high school students have tried the products, which is up from 44.4% two years ago.

There were similar increases in middle schools, jumping from 5.9% in 2017 to 15.3% of middle schoolers in 2019 reported vaping. Slemp said one in six middle school students currently vape and the frequency of use has increased as well. High schoolers and middle schoolers typically got vaping products from a friend. However, Slemp said a troubling finding was that the third most common place teens get vaping products is from family members who think they are safer than cigarettes.

Vaping has predominantly increased among women; however, men report using vaping products more heavily, she said. Vaping is also more predominant among youth with cigarettes more common with adults.

Slemp told the committee there have been cases of West Virginians hospitalized from vaping-related injuries. However, these cases have been mostly from counterfeit products.

To address vaping and cigarette usage, Slemp said legislators should look at many different angles. She said tobacco products and e-cigarettes are taxed at different rates with cigarettes taxed at $1.20 per pack and e-cigarettes at 7.5 cents per milliliter.

For tobacco cessation, Slemp cited the tobacco settlement fund. Money was previously used from that fund to shore up the teachers retirement fund. However, the fund generates about $20 million a year in interest.

“More than $100 million is spent in industry advertising in West Virginia alone,” Slemp said.

Slemp recommended funding tobacco cessation and prevention funds at a higher level. Currently, efforts are funded at $500,000, she said.

“Tobacco is the single largest preventable cause of death in West Virginia,” she told the committee. “A third of cancers are attributed to tobacco. It drives health costs, insurance, and productivity losses.”

After the presentation, the committee advanced House Bill 4493, which would require mail carriers to check photo IDs when delivering tobacco, nicotine, or vapor products. Some delegates said they supported the bill but had privacy concerns. The bill now heads to the House Health and Human Resources Committee.

Senate Judiciary Approves 4 Bills

Senate Committee

Madison Perdue

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January 22, 2020

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The Senate Judiciary Committee met at 3:00 PM today to discuss four bills.

The first of these bills was SB 51, which updates visitation rights for grandparents. The bill allows daytime visitations, overnight visitations, and electronic communication. The bill was adopted and will be reported to the full Senate with recommendation for passage.

The second bill to be considered was SB 191, which makes aggravated cruelty to animals a felony offense. The bill clarifies the different instances of animal abuse and specifies the civil penalties. The bill was adopted and will be reported to the full Senate.

SB 522 was also adopted, which relates to compensation awards to victims of crimes. The bill provides juvenile victims of abuse and neglect cases services not provided by Medicaid or other resources. These services include psychological care and financial compensation. This bill will advance to the Senate Finance Committee for further discussion.

The Committee also discussed SB 529, which establishes a time limit for claimants to fine claims against the state for unjust arrest, wrongful convictions, and wrongful incarceration. It also establishes a 10-year claim limit for claims benefits and limits damages under certain conditions. The bill was adopted and will be reported to the Senate.

Senate Adopts Resolution for Convention on Congressional Term Limits

Senate Floor Session

Madison Perdue

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January 22, 2020

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Senate Adopts Resolution for Convention on Congressional Term Limits

The Senate convened at 11:00 AM today to discuss Senate Concurrent Resolution 4. The purpose of this resolution is to urge Congress to hold a convention of the states, under the authority given to the states in Article V of the Constitution. This convention would propose an amendment to the Constitution to create term limits for those elected to the United States Senate and the United States House of Representatives.

The presentation of the resolution sparked an hour-long debate in the Senate concerning the possible ramifications of such an action. Some expressed concern about the potential undermining of the Constitution due to the amendment, while others posed the argument that doing so under Article V is to exercise the freedom of the states under the Constitution. Others argued that allowing this could open a Pandora’s box and change multiple parts of the Constitution. After much deliberation, the resolution was adopted, and will advance to the House for further consideration. Should the resolution be approved in the House, West Virginia would be the 16th state to adopt the resolution, out of the 38 states required to approve it.

The Senate also passed two bills on third reading to advance to the House. The first of these bills is SB 307, which simply corrects internal citations of the WV code relating to certain tax liens. SB 322 also passed, which clarifies the prequalifications of state contract vendors.

Senate bills 192 and 297 were read for the second time, and after amendments correcting technical language, will be up for a vote tomorrow.

The Senate also approved Senate Resolution 11, which designates January 22nd as Disability Advocacy Day. The Senate held a brief recess for the presentation of this resolution.

Senate bills 575-597 were introduced and referred to the appropriate committees.

The Senate is adjourned until 11:00 AM tomorrow.

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

The Senate Pensions 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 Select Committee on Children and Families will meet at 10:00 AM tomorrow in room 208W.

House Passes 5 Bills, Establishes Crime of Torture

House Floor Session

Juliet Thomas

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January 22, 2020

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House Passes 5 Bills, Establishes Crime of Torture

The House passed five bills Wednesday, including a bill that establishes a felony crime for torture.

The House convened at 11 a.m. to pass House Bills 2086, 4077, 4119, 4417 and 4419.

House Bill 4119 amends West Virginia Code to establish criminal penalties and defining terms for torture. Under the bill, torture is defined as the intent to cause cruel or extreme physical or mental pain and suffering, and the infliction of serious bodily injury or mental suffering upon another person within his or her custody or physical control. This includes cases involving parental torture on their children and cases that involve abduction and torture. Currently, torture is not a defined felony crime in our state code. Without this bill, persons convicted of torture would be convicted under a different statute such as assault or attempted murder, based on the circumstances.

House Bills 4058 and 4275 were advanced to third reading.

House Bills 4002, 4393 and Senate Bill 94 were advanced to second reading.

Senate Bill 94 provides persons with physical disabilities and certain overseas military personnel the ability to vote by electronic absentee ballot. The bill defines the terms for persons eligible to vote by electronic absentee ballot.

Three resolutions, HCR 25, HCR 26 and HCR 27 were introduced. House Bills 4451- 4479 were also introduced.

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

Senate Judiciary Adopts 5 Bills

Senate Committee

Madison Perdue

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January 21, 2020

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The Senate Judiciary Committee met at 3:00 PM today to discuss four bills, all of which were adopted to be reported to the full Senate with recommendation for passage.

The first of these bills was SB 201, which discusses stalking and harassment charges in the state. The purpose of the bill is to generally clarify the elements of harassment and what counts for an offense.

The committee also passed two bills on the promulgation of rules and regulations, one for the Department of Revenue and one for the Department of Transportation.

The committee also adopted SB 509, which would work to provide venue for custody allocation actions in situations that do not involve divorce. This would primarily apply to family situations in which the parents of a child were never married.

House Passes Six Bills

House Floor Session

Juliet Thomas

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January 21, 2020

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The House passed six bills Tuesday, including one measure that aims to reduce the cost of prescription drugs.

The House convened at 11 a.m., passing House Bills 4020, 4062, 4108, 4130 and 4141.

House Bill 4062 reduces the price of prescription drugs from single use manufacturers by redirecting the rebates from pharmacies directly to the insured consumer.

House Bill 4130 relates to bidding for government construction contracts arising out of declared states of emergency. The bill is a result of the West Virginia floods in the summer of 2016. This bill is effective from passage.

House Bills 2086, 4077, 4119, 4117 and 4419 were advanced to third reading. Action for House Bill 4275, relating to the Fire Commission, was postponed for one day. This bill is still on second reading with an amendment pending.

House Bills 4094, 4058 and House Joint Resolution 102 were advanced to second reading.

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

Three Senate Bills Advance to the House

Senate Floor Session

Madison Perdue

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January 21, 2020

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The Senate convened at 11:00 AM today to vote on the passage of three bills on third reading, all of which passed and will advance to the House.

The first bill to receive a vote was SB 125, which will prohibit victims in sexual assault cases from undergoing certain physical examinations. The bill was made to protect the privacy of these individuals and the argument was made that such examinations may not be sufficient for evidence in their case.

The Senate then passed SB 217, which requires the Department of Health and Human Resources to collaborate with the Workforce Development Board and the WV Division of Personnel for job placement.

The final bill to be passed was SB 323, which authorizes Department of Administration to promulgate rules relating to legislation.

The Senate also introduced bills 550-574 and referred them to the appropriate committees.

Additionally, the Senate approved Senate Resolution 10, which designates January 21 as West Virginia University Day. The Senate held a brief recess for the presentation of this resolution by WVU staff.

The Senate is adjourned until 11:00 AM tomorrow morning.

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

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

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

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

Senate Military Adopts 5 Bills

Senate Committee

Madison Perdue

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January 21, 2020

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The Senate Military Committee met at 10:00 AM today to discuss five bills, all of which were adopted and referred to an additional committee for further consideration.

These bills included SB 8, which would exempt certain military veterans from fees for the license to carry a deadly weapon. This bill was adopted by the Military Committee and advanced to the Senate Finance Committee before it will be reported to the full Senate.

The committee also approved SB 30, which would expand the expiration date of driver’s licenses for the spouses of military members. The bill was advanced to the Senate Committee on Transportation and Infrastructure.

SB 114 was adopted as well, which provides eligibility for developmental disability services to people who are dependent on military members. This bill has been referred to the Senate Finance Committee.