Blog – Page 115

Health and Human Resources Amends Major Foster Care Bill

House Committee

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January 17, 2020

Health and Human Resources Amends Major Foster Care Bill

Thursday’s Health and Human Resources Committee Meeting focused on foster care legislation.
One bill legislators took up Thursday afternoon was House Bill 4094, relating to the duties of the Foster Care Ombudsmen (FCOP), which outlines several duties of the FCOP.

The bill states that the Department of Health and Human Resources will pay Child Placing Agencies a minimum daily rate of $75 for services provided to each child in placement. The Child Placing Agency will then reimburse foster parents at least 40% of the minimum daily rate for services provided to each child in the foster family home. Families fostering through the department, will be provided at least $900 per month for each child placed in the home. This legislation increases the compensation for foster parents.

An amendment offered, and later adopted by committee members, proposed to include kinship families in the payment raise. Certified kinship families would also receive $900 per month for each child place in their home.

This amendment sparked debate within the committee. Many delegates were concerned about the financial effect of the pay increase. Also, some were concerned about how this legislation would affect the adoption process within the state.

Delegate Jeffrey Pack, R- Raleigh, showed his support for this amendment during the committee meeting.

“If I’m never apart of anything else, I would be happy to support this bill,” Pack said. “I would die a happy man because this bill does so much good for our foster kids.”

Friday, the bill was examined in the House Judiciary Committee. The bill passed as amended, with no additional changes.

The bill will go to the Committee of Finance next.

Senate Legislation Jan. 8-17

Madison Perdue

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January 17, 2020

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As of Friday, January 17, 2020, 534 bills have been introduced to the Senate. Of those bills, seven have passed to the House for further consideration.

SB 16 creates the Protect Our Right to Unite Act. This protects the rights of individuals to privately assemble with advocacy groups that represent that person’s beliefs. The bill declares that compelled disclosure of an advocacy group’s membership lists or donors trespasses on freedoms provided by the Fourteenth Amendment.

SB 35 would limit the civil penalty for littering to $2,000 or less

SB 42 allows county boards of education to permit faith-based electives in drug prevention programs in schools. This is part of legislative efforts to educate public schools on drug abuse prevention and violence reduction.

SB 46 would declassify pepper spray as a deadly weapon and allow all persons over 16 years of age to carry it in the West Virginia Capitol building. Senator Rucker of Jefferson county proposed that the bill be amended to limit the amount of pepper spray allowed in the Capitol to 1 oz or lower, since this was not specified in the original draft of the bill

SB 94 purpose is to provide people with disabilities with the ability to vote via electronic absentee ballot. Under the bill, qualifying voters would automatically receive access to the electronic absentee ballot without having to reapply.

SB 96 would prohibit municipalities from placing limitations on the right to purchase, transfer, possess, sell or carry deadly weapons or pepper spray in any way that conflicts with state laws. The bill would also restrict the award of reasonable attorney costs to petitioners seeking redress under this law, to only those who succeed.

SB 140 would grant judges of the Supreme Court and circuit courts an allowance as compensation for having to travel certain distances in their own vehicle.

SB 161 purpose is to improve the repair and maintenance of state highways and roads. This bill will initiate the Enhanced Road Repair and Maintenance Program, as well as the Special Road Repair Fund.

SB 170 would alleviate double taxation on foreign income at the state level. The bill also sunsets the credit for income tax paid on foreign wages in 2069.

SB 207 would create the Prosecuting Attorney’s Detectives Act. This bill would allow prosecuting attorneys to hire detectives, provide compensation for prosecuting attorneys’ detectives, and establish the duties and powers of those detectives

SB 211 discusses unlawful discrimination covered by the Fair Housing Act and the Human Rights Act. This bill will prohibit discrimination in employment and public accommodation places towards people based on their sexual orientation or gender identity.

SB 230 discusses suicide prevention in schools. The bill would require the State Board of Education to provide all professional educators, including administration and staff in contact with students, with instruction on recognizing warning signs and resources for student suicide prevention

SB 248 would repeal law that requires additional registration fees on vehicles that use alternative fuels, a topic which has been considered controversial among West Virginia drivers.

SB 284 would create the “Health Care Continuity Act”. The purpose of this bill is to reinforce the standards of healthcare coverage plans, make sure they remain affordable, and aren’t defined by the existence of preexisting conditions. The bill has been referred to the Senate Committee on Banking and Insurance.

SB 303 would initiate the “Students’ Right to Know Act”. The bill would require the state Board of Education to collect and communicate information on career landscapes for high school students. The purpose of the bill is to make students more aware of the costs of four-year colleges as well as alternative career paths. The bill has been referred to the Senate Education Committee.

SB 310 updates certain technical details of WV code, update the meaning of federal gross income, specify specific dates, and updates terms in the West Virginia Personal Income Tax Act.

SB 314 would require insurance policies to provide certain emergency allergy medicine to persons 18 years or younger. The medication, injectable epinephrine, would come at no cost for the individual as long as the medication has been prescribed

SB 317 would create the Board for Professional Geologists. The Board would present rules for legislative approval, representing various geological interests in West Virginia

SB 499 would work to eliminate barriers for employment to people with criminal records. The bill would make licensure and certifications less difficult to obtain for a person with a criminal record, though certain restrictions apply. The bill lays out criteria for commissioners for license approval and removal.

SB 504 provides that forensic evidence in sexual assault is collected, submitted, tested and processed in a timely manner. The bill states that sexual assault forensic examination kits must be collected by healthcare providers and sent to the WV State Police Forensics Lab

House Legislation Jan. 8-17

Juliet Thomas

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January 17, 2020

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As of Friday, January 17, 2020, there have been 971 bills introduced in the House and 11 bills have been passed and now are before the Senate.

House Bill 3039 removes language from the current state code that limits the priority preference of children to ages 14 and older in family courts. The purpose of this bill is to expand the court’s consideration to children of all ages that meet the maturity requirement.

House Bill 4004 would create the West Virginia Sentencing Commission and specify its powers and duties. The commission would be responsible for fulfilling needs for fair and uniform sentencing, a fair operation of the criminal justice system, established priorities regarding the severity of criminal offenses and the use of limited resources to fulfill the goal of criminal punishment. The purpose of this bill is to promote a better understanding of the state’s criminal justice sentencing system.

House Bill 4007 is known as the Born-Alive Abortion Survivors Protection Act. The purpose of this bill is to require a physician to use reasonable medical judgment if a child is born alive when an abortion is performed.

House Bill 4022 is meant to clarify that the Chancellor of the Higher Education Policy Commission may also serve simultaneously as the Chancellor of the Council for Community and Technical College Education, to retitle the Vice Chancellor of Health Sciences as Senior Director of Health Sciences, and to abolish the statutory position of Vice Chancellor for State Colleges.

House Bill 4103 is meant to clarify the organizational structure of the Office of Drug Control Policy (ODCP) within the Department of Health Human Resources. The goals outlined for ODCP within the bill are meant to create a plan reduce state-wide alcohol, tobacco and drug use.

House Bill 2922 would change the requirements for discharge for the possession of a controlled substance, specifically opiates or opioids. This bill would require a defendant, pleading or found guilty for the possession of such substances, to participate in a court-ordered drug court or drug treatment program under the court’s authorization.

House Bill 2679 would permit the issuance of a state issued identification card without a photo. This would be based on the certification that taking photographs violates a religious belief.

House Bill 2602 includes possession of known stolen property in the offense of receiving or transferring stolen property. This bill provides an exception for certain purchasers of scrap metal.

House Bill 2924 permits the West Virginia Tourism Office to contract with the Division of Highways to sell advertising space on the WV511 website to promote in state tourism. This will permit 50 percent of the funds from sales to be deposited in the Tourism Promotion Fund; and requiring 50 percent of the funds from such sale be remitted to the Division of Highways.

House Bill 4010 changes the licensing requirement for certain casino employees from a licensure to a registration.

House Bill 4042 requires agencies exempt from some or all of state purchasing requirements to adopt procedural rules establishing their purchasing procedures.

House Bill 2696 creates a naming convention to records lands owned by the state in an index system for easy cross-reference to county indexes.

House Bill 4062 reduces the cost of prescription drugs by requiring a pharmacy benefit manager to pass through to the consumer certain compensation received from a pharmaceutical manufacturer, developer or labeler to be used for benefit of covered persons.

House Bill 4091 House Bill 4091 has the purpose to allow for expedited oil and gas well permitting upon payment of expedited fees. This bill encourages the development of a faster process for horizontal wells.

House Bill 4096 requires candidates to live in the state or local election district for the office for which they are seeking to be elected. The definition of “principal residence” is considered as the residence where the candidate has a physical residency with proof of intent to remain in the state, district, county, or municipality.

House Bill 4017 establishes country roads accountability and transparency to the public. The bill directs the State Auditor to develop and maintain a website for the public to search (without cost) ongoing expenditures and locations for state and public road work.

House Bill 4020 removes authority of municipalities to require occupational licensure if licensure for the occupation is required by the state. This creates a uniform licensure process authorized by the state to avoid extra fees and paperwork.

House Bill 4108 streamlines the certificate on need exemption process in the healthcare industry.

House Bill 4130 provides that contracts for construction projects due to declared states of emergency may be bid on an open-ended basis and may utilize a multiple contract award approach. This also prohibits the award of contracts to debarred contractors.

House Bill 4141 requires the Department of Administration to publish its annual financial report by the end of December of the year from which the fiscal year reported upon ended.

Leadership Outlines Session Priorities

Juliet Thomas

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January 17, 2020

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Criminal Justice, Foster Care, and State Economy up for Discussion

The second session of the 84th Legislature seems to be starting off different than previous years.

House Majority Leader Amy Summers, R-Taylor, and Minority Leader Tim Miley, D-Harrison, agree that this session is starting off slow but there are some popular bipartisan bills that are up for discussion in the House.

This includes House Bill 4004, creating the West Virginia Sentencing Committee (WVSC). The commission has many duties, including researching second look sentencing. This process grants judges the ability to reexamine lengthy and excessive prison sentences, and possibly resentence at their discretion. The bill also authorizes the WVSC to research fair and uniform sentencing and prevent discrimination against offenders in the system. Racial, economic, ethnic, and social factors are included in the definition of discrimination. Both Republicans and Democrats have shown their support for this bill in committee meetings and in the floor session, passing the House Wednesday.

“This bill is definitely important because we have a real problem of prison overpopulation. We’re hoping this bill will tackle that,” Summers said.

Another bill is House Bill 4094, relating to the Foster Care Ombudsman. This bill gained bipartisan support starting in the Health and Human Resources Committee. With more than 7,000 children in the West Virginia foster care system, lawmakers agree that it’s time for a change.

While there are several improvements that this bill seeks to make, one of the main points talked about in the Health and Human Resources Committee was the increase in payment for foster care parents and kinship families. These families receive monthly dividends per child to pay for services they provide, and House Bill 4094 increases their monthly pay. This bill was passed with amendments in the Health Committee, passed in the Judiciary Committee, and will go to Finance next before being reported to the full floor. Summers also said Republican leadership has focused on restructuring some of the scheduling of the session. Subject matter committees have doubled their meeting hours.

“It’s important to let these subject committees have more time to meet and work on what they need to,” Summers said.

Leadership is also working on moving remarks to the end of the day, rather than during the end of floor sessions. This would save time that might otherwise infringe on committee time.

Miley says that House Democrats will be focused on education and childcare issues during the session. This includes proposed legislation that would expand vocational career schools to middle schools, and “Stay in the state” tax incentives for college graduates.

“It’s time that we put West Virginia first,” he said. “We need to stop focusing on out-of-state interests and hoping this will attract others to our state.”

There are also other bills up for discussion that seek to make improvements to the criminal justice and foster care system, including House Bill 2922, which was passed Friday; House Bill 4080, which is before the House Health and Human Resources Committee, and House Bill 4092, which is pending before House Judiciary.

On Wednesday, the Senate held a brief press conference led by President Mitch Carmichael, R-Jackson, discussing the priorities of this year’s legislative session.

Carmichael opened with an enthusiastic introduction, congratulating West Virginia in its progress from the previous year. One of the main efforts he recognized included job creation, and Carmichael stated that this was a priority the Senate wanted to expand this year. One of the steps he expects the Senate to take is the removal of the business inventory tax.

Other priorities included the development and improvement of transportation and infrastructure, which would include fixing roads in a more effective and timely manner.

The Senate also discussed efforts to improve the lives of families and children affected by poverty and the opioid epidemic in the state. In response to this issue, the Senate formed the Select Committee on Children and Families, which will cover issues such as foster care and adoption, along with other social work issues.

Senate Minority Leader Roman Prezioso, D-Marion, said that the Democratic platform for this session focuses on interests shared by both parties.

One of his main concerns is education. Prezioso says that one of the goals of the session is to encourage the integration of VOTEC and trade skill programs in middle schools and high schools.

Prezioso said implementing more skills-based programs into school curriculums and presenting more career options for young people is a way to keep graduates in West Virginia.

Another issue he addressed is creating healthcare programs in the state, focusing on smoking and cardiovascular health. This would include more education on heart disease and illnesses from smoking in schools.

There is also focus on economic concerns, especially concerning small businesses. Prezioso said one of the goals this session is to encourage small businesses to succeed in West Virginia by potentially implementing tax breaks and loan interest programs. This could allow businesses to expand and hire more employees to encourage job growth in the state.

House Advances 10 Bills

House Floor Session

Juliet Thomas

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January 16, 2020

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The House convened Thursday at 11 a.m. to advance seven bills to third reading, and three bills to second reading.

House Bill 4042 was moved to third reading with an amendment added to the committee substitute. The bill requires agencies exempt from state purchasing requirements to adopt procedural rules establishing their purchasing procedures. According to the amendment, any agency which has not filed its procedural rule as required by this section by September 1, 2020, should follow the procurement requirements established by the Purchasing Division.

House Bill 4062 was moved to second reading. The purpose of this bill is to reduce the cost of prescription drugs. This will be accomplished by requiring a pharmacy benefit manager to pass through to the consumer certain compensation.

House Bills 2602, 2679, 2696, 2924, 4010, and 2922 were also advanced to third reading. House Bills 4091 and 4096 were also advanced to second reading.

Additionally, House Bills 4364-4394 were introduced today. Four resolutions were also introduced.

The House is in recess until 11 a.m. tomorrow.

Senate Government Organization Approves 5 Bills

Senate Committee

Madison Perdue

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January 16, 2020

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Senate Government Organization Approves 5 Bills

The Senate Committee on Government Organization convened today at 2:00 PM to discuss five bills.

The first bill presented was SB 96, which would prohibit municipalities from placing limitations on the right to purchase, transfer, possess, sell or carry deadly weapons or pepper spray in any way that conflicts with state laws. The bill would also restrict the award of reasonable attorney costs to petitioners seeking redress under this law, to only those who succeed. After Council explained the bill and received questions regarding the technicalities of the bill and concerns were expressed regarding the bill’s role in public safety, a citizen from Kanawha County spoke in favor of the bill.

There was much debate over this bill during the committee meeting, some questioning the constitutional consistency of the bill while others debated that it was well within the rights of the state to issue the bill. Though the committee was divided in its support for the bill, the motion was adopted to report the bill to the full Senate for passage.

Another bill to be discussed was SB 307, which corrects technical errors to the WV State Code. The bill will be reported to the full Senate for passage.

The committee also addressed SB 322, which would allow services to be bought on state contracts through prequalification agreements with vendors. The bill will be reported to the full Senate with recommendation for passage.

W.Va. Supreme Court Presents Budget to House Finance

House Committee

Andrea Lannom

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January 16, 2020

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W.Va. Supreme Court Presents Budget to House Finance

The West Virginia Supreme Court presented its budget request, amounting to $4 million less than five years ago.

Chief Justice Tim Armstead presented the $135.5 million 2021 fiscal year budget request for the court system to the House Finance Committee in Thursday morning’s committee meeting.

“The proposal for this upcoming fiscal year is less than what was proposed in fiscal years 2016, 2017, 2018, and 2019,” Armstead said, later adding. “The new court has worked hard, going through line by line to see where we could make reductions and be more efficient.”

In 2018, the Legislature passed Senate Joint Resolution 3 and voters approved the amendment later that year. The amendment gave the Legislature oversight over the court’s budget. Under the amendment, the Legislature cannot reduce the court’s budget by 15% based off of the court’s base budget from the previous year, without a super majority vote.

Armstead explained that the state Supreme Court’s budget represents the entire judiciary throughout the state, not just the Supreme Court. Circuit Courts and Magistrate Courts make up about half of the court’s budget, with probation making up 20%, court administration 16%, family courts 11%, and the court’s Charleston components 5%.

Two of the biggest line items are personal services and current expenses. Armstead said $10 million was given to the General Revenue Fund through a one-time reduction in current expenses, from $19.9 million to $9.9 million.

About 82.2% of the budget is personnel, which includes judges and all support staff within the court system throughout the state.

Armstead updated legislators on reforms including placing the court’s vehicles under the fleet management system. He said cars are no longer specifically assigned to justices.

Armstead also updated legislators on e-filing progress. Armstead said e-filing is currently in 20 counties and at the end of this year, the court hopes to see e-filing in 33 counties. Armstead said the goal is to have e-filing in all counties by 2022.

Senate Advances 6 Bills on Second Reading

Senate Floor Session

Madison Perdue

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January 16, 2020

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Senate Advances 6 Bills on Second Reading

The Senate convened at 11:00 AM today to introduce Senate bills 506-522 and refer them to the appropriate committees.

Six bills were read for the second time, and were approved with no amendments to be up for a vote tomorrow.

Among these bills is SB 207, which creates the Prosecuting Attorney’s Detectives Act. This grants certain powers to prosecuting attorneys in the appointment of detectives to assist in the detection, apprehension, and arrest of criminal offenders.

This set of bills also includes SB 140, which would grant judges of the Supreme Court and circuit courts an allowance as compensation for having to travel certain distances in their own vehicle.

Three bills were read for the first time today and will be advanced to the amendment stage tomorrow.

The Senate also adopted Resolution 8, which designated January 16th as West Virginia Aviation day. The Senate held a brief recess for the presentation of this resolution.

The Senate is in recess until 11:00 AM tomorrow.

The Senate Committee on Energy will meet at 1:00 PM in room 208W.
The Senate Education Committee will meet at 2:00 PM in room 451M.
The Senate Committee on Government Organization will meet at 2:00 PM in room 208W.
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.

House Passes 5 Bills, Advances 6

House Floor Session

Juliet Thomas

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January 15, 2020

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The House convened Wednesday at 11 a.m. to vote on five bills which were all on third reading. This includes the West Virginia Sentencing Committee bill (H.B. 4004) and the Born Alive Abortion Survivors Act (H.B. 4007). House bills 3039, 4022 and 4103 were also among the bills passed.

All five bills will go to the Senate. Additionally, six bills were advanced to second reading.

This includes House Bill 2922, which would change the requirements for discharge for the possession of a controlled substance, specifically opiates or opioids. This bill would require a defendant, pleading or found guilty for the possession of such substances, to participate in a court-ordered drug court or drug treatment program under the court’s authorization.

Also advanced was House Bill 2679, which would permit the issuance of a state issued identification card without a photo. This would be based on the certification that taking photographs violates a religious belief.

The other four bills advanced to second reading include House Bills 2602, 2924,
4010, and 4042.

The House is in recess until 11 a.m. tomorrow.

Senate Passes First Bill of 2020 Legislative Session

Senate Floor Session

Madison Perdue

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January 15, 2020

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Senate Passes First Bill of 2020 Legislative Session

The Senate met at 11:00 AM today for the third reading of Senate Bill 94, which makes the electronic absentee ballot available for voters with disabilities. The bill was passed and will advance to the House.

Six other bills were read for the first time today and will advance to the amendment stage tomorrow.

Among these bills are SB 46, which would define the term “pepper spray” to be excluded from the category of “deadly weapons”. The bill would allow persons 16 years or older to carry pepper spray for self-defense, and would allow pepper spray to be carried in the Capitol providing that the canister is 1 oz or smaller.

Another bill on first reading is SB 35, which would limit the civil penalty for littering to a fine of $2,000 or lower. The purpose of the fine is to cover expenses for cleanup and investigation of the site.

Also during the floor session, Senate bills 468-505 were introduced and referred to the appropriate committees.

The Senate also approved Resolution 7, which designates January 15th as West Virginia Tourism Day. The Senate held a brief recess to recognize the efforts of the WV Department of Tourism and present the resolution to the Senate.

The Senate is in recess until 11:00 AM tomorrow.

The Senate Committee on Economic Development will meet at 1:00 PM in room 208W.

The Senate Committee on Pensions 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.