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House of Delegates Passes Supplemental Appropriations Bills on Third Reading

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The House of Delegates continued their consideration on Saturday, March 9, on the final day of the legislative session to pass several supplemental appropriations bills on third reading.

Senate Bill 677 was passed unanimously by the House of Delegates. This bill would issue $23.5 million dollars of supplemental appropriation dollars to the WV Department of Health and Human Resources.

Senate Bill 678 is another supplemental appropriations bill that was passed unanimously by the House. This bill would transfer money from the State Excess Lottery Revenue Fund to the Office of Technology.

Senate Bill 679 was also passed as well. This supplemental appropriations bill would give $298,000 to the WV Division of Finance

Senate Bill 680 is a supplemental appropriations bill that would give $345, 247 to various state divisions within the Department of Military Affairs and Public Safety (DMAPS). This bill was also passed by the House with little discussion

Senate Bill 681 would take supplemental appropriations from Lottery Net Profits and issue them to Educational Broadcasting Authority. This was another supplemental appropriations bill that passed the House unanimously.

House Finance Committee Chairman Eric Householder, R-Berkeley, said that the WV Legislature has issued $225.9 million to various state agencies this session via the passage of supplemental appropriations bills.

The House of Delegates also had consideration of Senate Joint Resolution 5, a resolution to clarify the Judiciary’s Role in Impeachment Proceedings. The resolution, which needed a two-thirds vote to be adopted by the House of Delegates, failed with little discussion.

The House of Delegates is in Recess until 3:30 p.m. today, Saturday, March 9. They will reconvene again to receive Senate messages.

House of Delegates Convenes on Final Day to Receive Senate Messages

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The House of Delegates convened at 11 a.m. on Saturday, March 9 on the final day of the legislative session to receive messages from the Senate.

Senate Bill 4, a bill to establish the permanency of the Municipal Home Rule Program, completed legislative action on this day. The Senate issued a title amendment to Senate Bill 4, which the House unanimously adopted and concurred with.

The Senate amended the title of Senate Bill 28, a bill to remove the hotel occupancy tax limit collects for medical care and emergency services, and also amended several provisions in the bill regarding dollar amounts of tax collections. The changes did not alter the nature of the bill’s impact, so the House concurred with these changes. Senate Bill 28 completed legislative action on this day.

Senate Bill 402, House Bill 2768, and House Bill 2982 all underwent technical amendments by the Senate, which were adopted by the House of Delegates.

Conference committees were appointed on two Senate Bills in order to reach a compromise between the two chambers.

The House refused to recede their amendments to Senate Bill 596 and appointed Delegate Jason Harshbarger, R-Ritchie, Delegate Chris Phillips, R-Barbour, and Delegate William Hartman, D-Randolph to conference on Senate Bill 596, which seeks to adjust voluntary contribution amounts on certain DMV forms. The Senate will also appoint three members for this conference committee.

A conference committee consisting of Delegate Moore Capito, R-Kanawha, Delegate Geoff Foster, R-Putnam, and Delegate Chad Lovejoy, R-Cabell, was appointed to reach a compromise on Senate Bill 487. The House refused to recede on their amendments for Senate Bill 487, which relates to admissibility of health care staffing requirements in litigation.

The House of Delegates also refused to concur with amendments on Senate Bill 405 and House Bill 2503, and will send a message to the Senate asking them to recede from their changes.

The House of Delegates concurred with a Senate amendment to House Bill 2849, a bill to establish different classes of pharmacy technicians. The Senate change would ensure verification of the proper authorities indicated in the bill.

The House of Delegates voted to concur as amended House Bill 3144 with a gallery full of WV coal miners looking on. The bill would provide a tax break for state coal miners via the North Central Appalachian Coal Severance Tax Rebate Act, a rebate that would be created by the bill.

Amendments to Senate Bill 673, a bill to eliminate the requirement for a state-wide master plan for public higher education and state and institutional compacts, were receded on this day. The Senate requested the House of Delegates to recede their changes to the bill, and they agreed to recede in a 52-44 vote.

A lengthy debate persisted over the House’s actions on House Bill 2001, a bill to issue a tax break to exempt social security benefits from personal income tax. The bill, a landmark piece of legislation by the House, went under significant changes by the Senate that put a salary cap on seniors who would receive tax exemptions, and implement the tax break over three years instead of within one fiscal year.

Delegate Mick Bates, D-Raleigh, echoed several members’ concerns that the Senate amendment changed the House bill too drastically.

“This isn’t a compromise if we concur, it’s a cave,” Bates said.

Several members were concerned that the House’s failure to concur with the Senate’s changes to House Bill 2001 could result in the death of the bill.

“Refusing to concur would simply be a high risk game of chicken,” Delegate Paul Espinosa, R-Jefferson argued.

The House of Delegates agreed to concur with the Senate changes to House Bill 2001 in a 52-44 vote.

Three Senate Bills Complete Legislation

The Senate reconvened at 1 p.m. to receive messages from the House of Delegates.

Three Senate Bills completed legislation, and will be reported to Governor Justice to be signed into law or vetoed. Those bills include:

  • Senate Bill 544: Increasing salaries for members of WV State Police over three-year period
    • The bill would increase the scheduled annual salaries of members of the West Virginia State Police by $3,000 per year effective July 1, 2019.
  • Senate Bill 543: Relating generally to automobile warranties and inspections
  • Senate Bill 564: Expanding comprehensive coverage for pregnant women through Medicaid

The Senate also amended the House Amendments to four Senate bills. Those bills include the following:

  • Senate Bill 622: Relating generally to regulation and control of financing elections
  • Senate Bill 632: Improving student safety
  • Senate Bill 665: Allowing for expedited oil and gas well permitting
  • Senate Bill 561: Permitting Alcohol Beverage Control Administration request assistance of local law enforcement

All four bills will be sent to the House of Delegates, and request concurrence of said bills.

The Senate is currently in recess until 2:45 p.m.

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Family Planning Access Act Passed By Senate

Legislation which would allow pharmacists to dispense contraceptives without a prescription was  passed by the Senate, Saturday morning.  

Discussion over House Bill 2583 opened the Senate’s last third reading of the 84th regular sessionresulting in unanimous passage of the proposed legislation. Prior to the bill’s passage, Sen. Ron Stollings, D-Boone, rose to urge the adoption of the bill but also condemned an amendment which was added during Friday’s second reading of the bill.  The amendment in question established an 18 year or older age requirement to the legislation.  

Before the bill came before the body, Senators engaged in brief debate over House Bill 2049, relating to a prime contractor’s responsibility for wages and benefits 

Other bills passed by the Senate included: 

  • 2670 Relating to damages for medical monitoring 
  • 2694 Relating to the state’s ability to regulate hemp 
  • 2709 Relating to hunting licenses 
  • 2828 Relating to Qualified Opportunity Zones 
  • 3020 Relating to sole source contracts for goods and services with nonprofit corporations affiliated with the respective education institutions 
  • 3024 West Virginia Business Ready Sites Program 
  • 3044 Requiring the Commissioner of Highways to develop a formula for allocating road funds 
  • 3134 Relating to requirements for consumer loans in West Virginia 

Throughout third reading the body also received a number of House messages which resulted in the adoption of three House Concurrent Resolutions. Of these were HCR14 recognizing US Army CPT Benjamin Ronk Memorial Bridge, HCR 6 recognizing US Army PFC Earl Russkie Cobb. SPC4 Carl Bradford Godson, and SSGT George T. Saunders Jr. Memorial Bridge and HCR 17 relating to Marine Coprs CPL Larry Scott Kennedy Memorial Bridge. 

Senate Receives House Messages, two Bills Sent to Conference Committee

The Senate convened at 11 a.m. for the 60th day of the Legislative Session, and immediately took up House messages in regards to five bills.

The House refused to recede from their amendments to Senate Bill 241, Permitting county court clerks scan certain documents in electronic form, and Senate Bill 317, Authorizing three or more adjacent counties form multicounty trail network authority, and request the two bills go to a conference committee.

President Carmichael (R – Jackson, 4) appointed Senators Sypolt (R – Preston, 14), Swope (R – Mercer, 6), and Facemire (D – Braxton, 12) to the conference committee over Senate Bill 241, and appointed Senators Maynard (R – Wayne, 6), Smith (R – Tucker, 14), and Beach (D – Monongalia, 13) to represent the Senate’s interests over Senate Bill 317.

The Senate also amended the House Amendment to Senate Bill 40, Establishing Military Service Members Court program. Senator Weld (R – Brooke, 1) moved to amend the bill in its entirety, and bring it back to the original language of the Senate version. The proposed legislation would establish a Military Service Member Court program within the Supreme Court of Appeals.

The Senate also amended the House Amendments to Senate Bill 352, Relating to Division of Corrections and Rehabilitation acquiring and disposing of services, and Senate Bill 398, Relating to compensation for senior judges.

All three bills will be reported back to the House of Delegates, and will request concurrence of said bills.

The Senate is currently in session.

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Budget, Foster Care Bills Passed by Senate

Legislation relating to the state’s budget and foster care system were passed by the Senate during an extensive floor session, Friday.  

In a message sent by the House, Senate Finance Chair, Sen. Craig Blair, R-Berkeley, rose to discuss a comprised version of House Bill 2020, which features recommendation from both houses. Of the most notable compromises in this budget was a 5 percent pay raise to the state’s teachers and service personnel, resulting in a $67 million appropriation to the fiscal year 2020 budget.  

Blairalso announced plans for a special session which would review the state’s educational system’s impact on the state budget.  

Overall, the total appropriations for the bill rests at $13,818,886,210. After highlighting the main compromises and totals, Blair addressed the body to state that he supported the revised budget which he believe“had something for everyone.”  For more information pertaining to the compromised budget click here.  

Prior to arrival of the message, the body revived and passed legislation relating to the state’s foster care system with a 33-1 one.  

The vote to pass the proposed legislation marks House Bill 2010’s second passage by a body, ultimately relying on the House of Delegates’ review of Senate messages to decided whether or not the bill will complete legislation. If passed the bill will create a multilayer reform to the state’s foster care system, most notably through a privatization of the system through Managed Care Organizations.  

Lengthy discussion over the bill opened Friday’s third reading where multiple Senators rose to urge passage of the proposed legislation.  

Following passage the body, members undertook a lengthy calendar with resulted in the passage of 32 bills.  A majority of these bills received unanimous decisions from Senators after minimal discussion among members.  

Two bills relating to education were motioned to have amendments withdrawn from education Chair, Patricia Rucker, R-Jefferson. According to the Chair, House Bills 2378 and 2662 no longer needed the amendments adopted in education following the House’s revisions. Both pieces of legislation had amendments withdrawn before the bills were passed.  

House Bill 2831, which would find and declare certain claims against the state to be moral obligations, received two amendments while on third reading. Prior to the bill’s passage, the body motioned to amend changes from the finance committee and from Sen. Dave Sypolt, R-Preston.  

Passage of the bill was followed by a lengthy review of bills on second reading, resulting in nearly every bill receiving an amendment. For more information relating to Friday’s legislation calendar click here.   

House of Delegates Passes Bill Regulating Financing

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The House of Delegates reconvened at 5 p.m. to finish business from earlier today. The next bill on the agenda was Senate Bill 622. This bill relates generally to regulation and control of financing elections. After arduous debate over the bill and all of its amendments a motion was made to previous question debate. The bill was passed by the House.

Senate Bill 640 regulates sudden cardiac arrest prevention. The bill establishes the Sudden Cardiac Arrest Prevention Act. The purpose of the bill is to educate about and prevent cardiac arrest. The bill is specified for athletics and schools under the county board of education and has provisions to provide guidelines and educational materials for students about the risks of continuous play or practice after experiencing symptoms during exercise.

Schools must also hold informational meetings for students regarding warning signs at the beginning of each athletic season. Students must also sign waivers acknowledging that they received information about cardiac arrest. the bill was passed by the House.

Senate Bill 670 relates to WV College Prepaid Tuition and Savings Program. This bill expands eligible educational institutions under the program to include private or religious primary, middle,  or secondary schools. The bill was passed by the House.

Senate Bill 665 allows for expedited oil and gas well permitting. This bill creates three new subsections that will govern horizontal well permits and fees. These subsections that allow for expedited oil and gas well applications will cost applicants special expedited fees. Any unused funds that would be left over from reclamation of abandoned wells will remain in state special revenue funds.

The committee amendment that was adopted reduces the expedited fees from $20,000 and $10,000 to $10,000 and $5,000. The bill was passed by the House.

At the end of the night the House of Delegates passed 41 bills on third reading. These bills can be accessed via the calendar.

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Confirmations Committee Report 64 Nominations to the Senate

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The Senate Committee on Confirmations met Friday afternoon to consider 65 nominations by Governor Justice.

The Committee consented to all nominations except for number nine. The rest will be reported to the Senate for continued deliberation.

Below is a link with the nomination Governor Justice reported to the Committee.

http://www.wvlegislature.gov/legisdocs/reports/senate/2019/Executive_Nominations_CONF.pdf

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House of Delegates Passes Bill Expanding Coverage for Women

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The House of Delegates convened at 10 a.m. this morning and discussed Senate Bill 564 which expands comprehensive coverage for pregnant women through Medicaid.

This bill was well received and passed the House with minute opposition. The bill does exactly what it says and expands coverage for pregnant women through Medicaid. Considering that it was also National Women’s Day lawmakers spoke about how important this bill was to women and to children.

Senate Bill 40 establishes the Military Service Members Court Program. This bill establishes the program and functions to serve military veterans who suffer with arduous issues. The program has been shown to significantly help combat veterans struggling with mental health issues as well as substance abuse. The bill passed the House.

Senate Bill 103 relates generally to Public Defender Services. This bill includes a pay raise for public defenders and is the first to do so in nearly 30 years. The bill also passed the House.

Senate Bill 396 waves occupational licensing fees for low income individuals and military families. This bill waves initial license fees for any chapter 30 license for low-income individuals and military families. The bill was passed by the House after concurring with Senate amendments and has officially completed legislation.

Senate Bill 544 increases salaries for members of a WV State Police over three-year period. This bill increases annual salaries of West Virginia State Police by $3,000 per year for three consecutive years. The bill was passed by the House.

Senate Bill 522 creates the Special Road Repair Fund. The program created with this bill would be administered by the Division of Highways and would be funded by a $110,000,000 appropriation for the 2020 fiscal year. The bill lists out provisions of how counties would control the procedures and how procedures are to be administered for road repair. The bill was also passed by the House.

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House of Delegates Adopts Budget, Amends Bills on Second Reading

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The House of Delegates re-convened at 5:00 p.m. to have a consideration of bills that were on second reading, and to consider the updated budget, House Bill 2020.

The House of Delegates considered the Senate’s amendments to House Bill 2020 and moved to concur with the amendment with further amendments.

“We have come up with a compromise on the position of the two houses,” Finance Chairman Eric Householder, R-Berkeley, said.

The House amendment to the strike and insert amendment notes several changes from the original House budget that was passed last week.

The provisions in the updated House Bill 2020 include a total general revenue of $4.6 billion. $7 million would be given to the WV Department of Tourism, $24 million for the Legislative branch, $124 for the Judicial branch, and $40 million for the Executive branch.

The pay raise for educators and school service personnel were noticeably absent from the bill, which Householder addressed.

“These will be worked out during the Special Session that our Governor has called for, so that we can have more time to work these items out properly.”

The House concurred with several amendments that came over from the Senate, including an increase in the Department of Health and Human Resources funds and the funds allocated to PEIA.

“This is a strong finish to our session,” Delegate Daryl Cowles, R-Morgan, “I am incredibly pleased with these results.”

The House of Delegates agreed to adopt the House Finance strike-and-insert, and report the updated version of House Bill 2020 back to the Senate.

Senate Bill 147 was also discussed at length and amended by the House Finance committee. The amendment that was adopted would increase financial provisions to local municipalities under the bill.

An amendment to Senate Bill 544 was also adopted in a vote of 56-43 on this day.

The amendment would issue a one time, 5 percent pay raise to police personnel in the state.

Senate Bill 561 went under technical amendments at length. A provision regarding Sunday brunch was also adopted into the bill.

Forty-one bills were advanced to third reading on this evening. These bills can be accessed on the Calendar.

The House is adjourned until 10 a.m. tomorrow, Friday, March 8.