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House Concurs With Senate Amendments

House Floor Session

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March 6, 2019

The House of Delegates met today to discuss and pass many Senate bills, however they first concurred with amendments the Senate had made with House bills. These bills were all passed by the House and all amendments were accepted:

· House Bill 2311, exempting short-term license holder sot submit information to the State Tax Commission once the term of the permit has expired

· House Bill 2405, imposing a healthcare related provider tax on certain health care organization

· House Bill 2525, Tobacco Cessation Therapy Access Act

· House Bill 2907, requiring a form of a certified commitment order to the Division of Corrections and Rehabilitation

· Senate Bill 61, adding certain crimes for which for which prosecutor may apply for wiretaBills passed on Third Reading:

· Senate Bill 1, increasing access to career education and workforce training

· Senate Bill 187, authorizing Department of Revenue to promulgate legislative rules

· Senate Bill 285, relating to sale of homemade food items

· Senate Bill 537, creating workgroup to review hospice need standards

· Senate Bill 546, relating to health care provider taxes

· Senate Bill 587, relating to PEIA reimbursement of air ambulance providers

· Senate Bill 617, relating to method of payment to Municipal Pensions Security Fund

· Senate Bill 653, relating generally to practice of medical corporations

· Senate Bill 675, requiring DEP create and implement Adopt-A-Stream Program

Bills amended on Second Reading:

· Senate Bill 199, authorizing certain miscellaneous agencies and boards promulgate legislative rules

· Senate Bill 241, permitting county court clerk scan certain documents in electronic form

· Senate Bill 317, authorizing three or more adjacent counties from multi county trail network authority

· Senate Bill 392, relating to payment of invoices received by Division of Corrections and Rehabilitation

· Senate Bill 400, allowing Board of Dentistry create specialty licenses

· Senate Bill 402, authorizing Division of Forestry Investigate and enforce timber theft violations

· Senate Bill 405, increasing limit on additional expenses incurred in preparing notice list for redemption

· Senate Bill 487, relating to admissibility of health care staffing requirements in litigation

· Senate Bill 496, transferring authority to regulate milk from DHHR to Department of Agriculture

· Senate Bill 529, clarifying provisions of Nonintoxicating Beer Act

· Senate Bill 566, relating to compensation for State Athletic Commission members

· Senate Bill 596, adjusting voluntary contribution amounts on certain DMV forms

· Senate Bill 600, relating to preservation of biological evidence obtained through criminal investigations and trials

· Senate Bill 633, authorizing Board of Physical Therapy conduct criminal background checks on applicants for licenses

· Senate Bill 673, relating to public higher education accountability and planning

All bills on first reading were also advanced.

The House of Delegates is in recess until 4:30 p.m. this evening.

Update

The House of Delegates reconvened to concur with bills amended by the Senate:

The House refused to concur with amendments made to House Bill 2009.

They will reconvene tomorrow at 9 a.m.

Gov. Org. Committee Sends Two Bills and One Resolution to the Senate

Senate Committee

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March 6, 2019

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Gov. Org. Committee Sends Two Bills and One Resolution to the Senate

The Senate Committee on Government Organization reconvened Wednesday morning to continue their Tuesday afternoon meeting.

Before recessing on Tuesday, the Committee was discussing proposed strike and insert amendment to House Bill 3020, allowing an institutional governing board, the Higher Education Policy Commission or the Community and Technical College Council to enter into a contract for materials, goods, equipment, services, printing, facilities, or financial services with an affiliated nonprofit corporation.

The Committee moved to take away the strike and insert amendment, and instead only propose amendments to the original House Bill. The Committee then adopted a proposed amendment by Senator Palumbo (D – Kanawha, 17) which would limit the proposed legislation only to financial services.

House Bill 2856 would amend the provisions of the West Virginia Code relating to the administration of the operating fund of the Auditor’s securities division. It would change the amount of money from that account that is transferred to the General Revenue Fund. The bill is a cleanup bill from past legislation.

Senate Concurrent Resolution 1 would request the Joint Committee on Government and Finance study the state’s appraisal laws as they relate to Broker Price Opinions, Inspections, and evaluations and how they compare to other states’ laws.

The Committee unanimously adopted the two House bills and the Senate Concurrent Resolution. All three will be reported to the Senate to be voted upon.

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Foster Care Legislation Passes Senate Finance

Senate Committee

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March 5, 2019

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Foster Care Legislation Passes Senate Finance

Legislation seeking to reform the state’s foster care system was passed out of the Senate finance committee late Tuesday evening.

The arrival of the bill in finance stood as the final committee reference that House Bill 2010 will receive before coming before the full Senate for consideration.

Prior to passage of the bill, extensive debate over the legislation took place among members, ultimately resulting in a number of amendments being offered. Deputy Secretary for the Department of Health and Human Resources, Jeremiah Samples, came before the committee to address concerning surrounding the proposed legislation and aid in discussing amendments.

Following questions concerning the committee’s amendment, the bill received two; one from the committee of Health and Human Resources and another from Sen. Robert Plymale, D-Wayne.

The bill has now been reported to the full Senate with the recommendation of passage, in addition to House Bills 2828, 2831 and 2853.

House Bills Reported Out of Education Committee

House Committee

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March 5, 2019

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House Bills Reported Out of Education Committee

Four bills were passed out of the Senate education committee following consideration in Tuesday’s meeting.

Of the legislation on the agenda, House Bill 2004, which would provide for a program of instruction in workforce preparedness, was the only piece of legislation to result in extensive debate. If passed, the bill would require for the state’s higher education organizations to aid in creating more opportunities for high school students to have access to college credit.

A large portion of the discussion surrounded around the state’s community and technical college’ use of the proposed bill, ultimately resulting in Sarah Tucker, chancellor of the West Virginia Community and Technical Education System, coming before the committee to answer member’s questions.

Following discussion of the bill, Sen. Mike Romano, D-Harrison, moved to amend the legislation to include language that would ensure high school students to be included in graduation ceremonies while also enrolled in technical career programs.

After discussion of the amendment, members moved to adopt Romano’s amendment and motioned to report the bill to the full Senate. Prior to consideration of 2004, the committee also reported House Bills 2378, 2662, 2422 and 2541.

House Bill 2662 relates to certificates or employment of school personnel
House Bill 2422 relates to the time for the observation of Celebrate Freedom Week

The committee also motioned to send a higher education study resolution to the Senate but was unable to review the two remaining resolutions on their agenda.

Legislation Intended to Reduce the Use of Prescriptions Passes Health Committee

Senate Committee

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March 5, 2019

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Legislation Intended to Reduce the Use of Prescriptions Passes Health Committee

House Bill 2768, which would reduce the use of certain prescription drugs, was reported to the full Senate following discussion in Tuesday’s Senate health and human resources committee.

According to an explanation provided by counsel, the bill relates to legislation previously passed out of the legislature concerning the review of medication prescribed by a physician. As a result, House Bill 2768 would aid in combatting the state’s physicians being cited for potential violations.

Following the explanation, Sen. Ron Stollings, D-Boone, addressed his fellow members and stated that the proposed legislation was a good clean up following the passage of earlier legislation. The Senator explained that due to the nature of the previous bill, physicians throughout the state have become fearful of prescribing certain medications, resulting in a “disservice to their community.”

In the pursuit of not violating code, Stollings said that physicians that have ceased the use of certain drugs, leading to patients seeking alternative doctors. As numerous patients attempt to find certain drugs elsewhere, the state is beginning to notice overprescribing regions throughout the state. With limited use of these drugs, the state would also be aiding in the fight against West Virginia’s opioid epidemic.

Following Stollings remarks, Sen. Eric Tarr, R-Putnam, agreed with his fellow committee member in stating that passage of the bill would also update conflicts in existing legislation and put previous bills in compliance with federal language.

Prior to the bill, members also reviewed House Bill 2674, which would create a student loan repayment program for a mental health provider. In an explanation provided by counsel, members learned about the two programs which would be established and implemented following the bill’s passage. After discussion of the bill, members motioned to report the bill to the full Senate with the recommendation of passage.

Also reported to the Senate were House Bills 2524, 2816, 2849 and 3132.

Prior to review of the proposed legislation, the committee also reviewed two concurrent resolution and reported them to them to the full Senate. House Concurrent Resolution 48 which urges the Commissioner of the Bureau for Public Health to designate Alzheimer’s disease and other dementias as a public health issue and Senate Concurrent Resolution 41 which requests a study creating paid family and medical leave insurance program.

Campus Carry Bill Fails to get Reported out of Judiciary Committee

Senate Committee

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March 5, 2019

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Campus Carry Bill Fails to get Reported out of Judiciary Committee

The Senate Committee on the Judiciary met Tuesday evening following the split Senate Floor Session to discuss six different House bills.

The Committee considered House Bill 2519, the Campus Self Defense Act (better known as Campus Carry), and adopted a strike and insert amendment to the bill. The proposed legislation would allow a person who holds a current and valid license to carry a concealed deadly weapon to carry such a weapon on the campus and in the buildings of a state institution of higher education. After a brief discussion over the bill, the motion to reported it to the Senate to be voted upon was defeated by a vote of 7 to 9.

The following bills were approved by the Committee and will be reported to the Senate:

House Bill 2694 would provide that if the state desires to have primary regulatory authority over the production of industrial hemp, the state may submit to the Secretary of Agriculture for approval through the West Virginia Department of Agriculture, and a plan under which the state will regulate the production of industrial hemp. The Committee adopted a strike and insert amendment for greater clarification of the bill.

House Bill 2934 would authorize the licensing of interactive wagering in West Virginia. The bill details the specific duties and powers the West Virginia Lottery Commission in oversight, with explicit provisions for rule-making authority, while requiring the Commission to levy and collect all fees, surcharges, civil penalties, and weekly tax on adjusted gross interactive wagering receipts and deposit them into the West Virginia Lottery Interactive Wagering Fund. A strike and insert amendment was adopted for technical cleanup.

House Bill 2486 would to remove barriers to employment for individuals with criminal records who seek licensure or certification in an occupation governed by this article, with certain exceptions. The Committee adopted a proposed strike and insert amendment for technical cleanup.

House Bill 3057 would continue the Adult Drug Court Participation Fund in the State Treasurer’s office.

House Bill 2503 would to amend certain procedures in child neglect or abuse cases. The bill would require a petition to include an accusatory statement, provide when a court may and may not appoint counsel, and it removes the provision permitting co-petitioners each to have counsel. A strike and insert amendment was adopted to rearrange the bill, and to greater clarify language within the proposed legislation.

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Senate Amends SB 150 Budget Bill into HB 2020 Budget Bill

Senate Floor Session

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March 5, 2019

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Senate Amends SB 150 Budget Bill into HB 2020 Budget Bill

The Senate Body reconvened Tuesday evening to finish the proposed amendments to Senate Bill 150, Budget Bill.

Five proposed amendments were adopted and incorporated into SB 150. The amendments include the following:

Senator Baldwin (D – Greenbrier, 10) and Senator Jefferies (D – Putnam, 8) Amendment
- Early flood warning system maintenance
  - $400,000 of surplus added
- Veteran’s Nursing Home in Southern West Virginia
  - $5,000,000 of surplus added
Senator Woelfel (D – Cabell, 5) and Senator Plymale (D – Wayne, 5)
- Sexual Assault Intervention and Prevention
  - $125,000 of surplus added
Senator Stollings (D – Boone, 7) and Senator Prezioso (D – Marion, 13)
- Center for End of Life
  - $350,000 added
- Cardiac Project
  - $250,000 added
Prezioso (D – Marion, 13) Amendment
- Center of Excellence in Women’s Health
  - $250,000 added
Senator Stollings (D – Boone, 7) Amendment
- $30,000 of surplus to be added to the Capitol Dispensary

The Senate then lied the bill over, and immediately amended House Bill 2020, the Budget Bill. The Senate adopted a strike and insert amendment to the bill, which took out everything within the original language to House Bill 2020 and inserted the language of Senate Bill 150.

The amended House Budget Bill reduces the Governor’s Budget by $100 Million, and improves the Governor’s budget, totaling $137,048,000. Potential improvements to the budget would go towards numerous bills that have been proposed during the session. These bills include:

Senate Bill 238: Intended to increase certain penalties for passing stopped school bus, received a proposed improvement of $833,301 to add forward and backward facing cameras on all state school buses.
Senate Bill 522: Would create a special road repair fund through a $110,000,000 improvement that would be operated by the Division of Highways (DOH).
Senate Bill 544: Would increase salaries for members of West Virginia State Police over a three-year period. An improvement of $834,000 was added to the bill.

According House Bill 2020, $15,890,000 would be collected through a reduction of general revenue of the following Senate bills:

Senate Bill 30: Eliminating tax on annuity considerations collected by life insurer
Senate Bill 36: Allowing adjustment of gross income for calculating personal income liability for certain retirees
Senate Bill 106: Alleviating double taxation on foreign income at state level
Senate Bill 117: Relating to incentives for consolidating local governments
Senate Bill 333: Exempting automobiles 25 years or older from personal property taxes
Senate Bill 502: Exempting sales of investment metal bullion and coins

The total appropriation of the amended House Bill 2020 is $13,729,074,601. Following the adoption of the amendment, the bill was advanced to third reading.

Following the adoption of the amendment, the bill was advanced to third reading.

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

The following committees will meet today:

Finance 15 minutes after the floor session in 451M

Judiciary 15 minutes after the floor session in 208W

The following committees will meet tomorrow:

Transportation at 9 a.m. in 451M

Gov. Org. at 10 a.m. in 208W

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House Energy Advances Horizontal Well Bill

House Committee

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March 5, 2019

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House Energy Advances Horizontal Well Bill

The Energy Committee advanced a bill relating to expedited horizontal oil and gas well permitting fees.

In the last meeting of the regular session, the House Energy Committee advanced Senate Bill 665. This bill amends the West Virginia Code by adding new subsections to allow for expedited oil and gas well permitting and expedited oil and gas well permit modifications upon the payment of applicable expedited fees.

The designation of the proceeds of such expedited fees, and the daily pro rata refund of the expedited fees if the permit or modification is not approved within statutory requirements set forth in the bill.

The bill now heads to the House.

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House Judiciary Passes Two Bills

House Committee

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March 5, 2019

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The House Judiciary Committee met briefly Tuesday for their last meeting before the end of the regular session, advancing two bills.

The committee advanced Senate Bill 613, which would require DNR include election of organ donation on hunting licenses. This bill amends and reenacts code relating to permitting individuals to make an anatomical gift on a hunting or fishing license. This also permits the Division of Natural Resources to provide donor registrant records collected to the donor registry.

The committee also advanced Senate Bill 340, which would repeal obsolete provisions of code relating to the West Virginia Physicians Mutual Insurance Company.

The Physician’s Mutual Insurance Company was created in 2001 to provide medical liability insurance to physicians in this state, at a time when many private carriers had either stopped writing this coverage in the state, or the premiums had increased to unaffordable amounts.

Initially state funded and formed, it was governed by the Board of Risk and Insurance (BRIM) which was tasked with implementing the initial formation and organization of the company.

The article initially specified that the company have a board of directors of certain members and provided for the transfer of policies previously initially written by BRIM to the company.

The article has been amended in the last several years and the PMIC has since been authorized to operate independently of BRIM, as a private mutual insurance company. Therefore, the article has no further purpose or function.

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Senate Memorializes the Life of John Franklin Deem, 14 Bills Sent to Governor

Senate Floor Session

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March 5, 2019

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Senate Memorializes the Life of John Franklin Deem, 14 Bills Sent to Governor

The Senate convened Tuesday for an extensive floor session that began with honoring a former member of the Senate Body.

John Franklin Deem (R – Harrisville, W.Va.), West Virginia politician, served in both the House of Delegates and the West Virginia Senate over the span of seven decades – starting in 1955 and ending in 2018. He died on October 10, 2018 at Camden Clark Memorial Hospital in Parkersburg, W.Va.

Deem was born in Harrisville, W.Va. in 1928, and he dedicated his life to serving the state and the country. Deem served in the United States Navy during World War II, and was the proud business owner of Frank Deem’s Market in Harrisville, Frank Deem Chevrolet in St. Mary’s, and the owner/operator of JF Deem Oil and Gas for more than 50 years.

The Senate unanimously adopted Senate Resolution 68, Memorializing the life of Honorable John Franklin Deem, and presented the Resolution to Deem’s wife, Rebecca and other family members.

Following the presentation of the Resolution, the Senate completed legislation on 14 bills that will be sent to Governor Justice to signed into law or vetoed.

House Bill 2538 would provide banking services for services provided under the WV Medical Cannabis Act. The proposed legislation is believed to be the final step into implementing medical cannabis into West Virginia Healthcare. The bill would do the following:

Provide that the Treasurer shall select by competitive bid one or more financial institutions to provide banking services for the fees, penalties and taxes collected under the Medical Cannabis Act.
Authorize the Medical Cannabis Program Fund to receive civil penalties.
Permit the Treasurer to charge fees for providing banking services.
Indemnifies officials and employees against legal costs due to complying with the Medical Cannabis Act.

Senate Bill 3 would establish the West Virginia Small Wireless Facilities Deployment Act. It pre-empts the manner in which an authority may prohibit, regulate, or charge for the collocation of small wireless facilities. The House of Delegates added three provisions to the bill which the Senate concurred with and include the following:

Providing for mandated salvage valuation for property tax purposes of tangible personal property directly used in certain wireless technology businesses.
Would allow for West Virginia to take charge of the regulation of pole attachment.
Would empower the conduct of a feasibility study by electrical power providers to determine the likelihood and effectiveness of the installation of broadband fiber within the “hot zone” of the electrical provider.

Senate Bill 72 would create the Sexual Assault Victims’ Bill of Rights. The rights provided in the proposed legislation include the following:

The right to a personal representative, of the victim’s choosing, to attend police interviews, medical treatment, court proceedings, etc.
The right to receive a forensic medical examination.
The right to have a sexual assault evidence collection kit tested and preserved.
The right to be informed of the results of a forensic medical examination, unless such disclosure would compromise or impede an ongoing investigation.
The right to receive notification of the evidence no fewer than 60 days prior to the intended destruction of the evidence.
The right to have said evidence preserved for an additional period not to exceed 10 years after a written request.

The House Committee on the Judiciary implemented a strike and insert amendment to clarify definitions within the bill, and for technical cleanup. The Senate also concurred with the House Amendments.

Other bills that completed legislation include:

Senate Bill 393: Protecting right to farm
Senate Bill 520: Requiring entities report drug overdoses
Senate Bill 668: Relating to physician assistants collaborating with physicians in hospitals
House Bill 2359: Relating to exemptions to the commercial driver’s license requirements
House Bill 2439: Relating to fire service equipment and training funds for volunteer and part-volunteer fire companies
House Bill 2547: Relating to the election prohibition zone
House Bill 2734: Relating to reduced rates for low-income residential customers of privately owned sewer and combined water and sewer utilities
House Bill 3007: Authorizing the Commissioner of Agriculture to require background checks
House Bill 3021: Relating to the disposition of permit fees, registration fees and civil penalties imposed against thoroughbred horse racing licensees
House Bill 3045: Exempting certain complimentary hotel rooms from hotel occupancy tax
House Bill 3095: Establishing a minimum monthly retirement annuity for certain retirants

Governor Justice vetoed Senate Bill 61, adding certain crimes for which prosecutor may apply for wiretap, because the title of the proposed legislation didn’t relate to the contents of the bill. The Senate quickly amended the title, and passed it once again to fix the Governor’s concerns.

The Senate also passed eight bills that were on third reading, and will be reported to the House for concurrence. The eight bills include:

House Bill 2311: Exempting short-term license holders to submit information to the State Tax Commission once the term of the permit has expired
House Bill 2362: Ardala Miller Memorial Act
House Bill 2405: Imposing a healthcare related provider tax on certain health care organizations
House Bill 2509: Clarifying that theft of a controlled substance is a felony
House Bill 2525: Tobacco Cessation Therapy Access Act
House Bill 2600: Relating to publication of sample ballots
House Bill 2872: Authorizing law-enforcement officers to assist the State Fire Marshal
House Bill 2958: Authorizing the State Auditor to conduct regular financial examinations or audits of all volunteer fire companies

Senate Bill 150, the Budget Bill, was also on third reading with a right to amend the bill.

The Senate is currently in recess until 6 p.m.

The following committees will meet today:

Health at 2 p.m. in 451M

Energy at 2 p.m. in 208W

Education at 3 p.m. in 451M

Gov. Org. at 3 p.m. in 208W

Finance at 4 p.m. in 451M

Judiciary at 4 p.m. in 208W

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