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PEIA Rainy Day Fund Bills Pass Senate Finance

Senate Committee

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March 7, 2019

PEIA Rainy Day Fund Bills Pass Senate Finance

Two bills intended to create a PIEA rainy day fund were reported to the full Senate following the adoption of an amendment in Thursday’s Senate finance committee.

If passed, House Bills 3139 and 2665 would result in the creation of a PEIA fund intended to be used by the state’s higher education establishments. Prior to discussion of the bill, multiple individuals from the state’s governmental industries came before members to explain the specific details of the bill

Deputy Secretary of the Department of Revenue, Allen Prunty, opened discussion of 3139 by explaining the new fund would act as a way to address future premium increases from PEIA. The fund would be established with 150 million, 105 million of which would come from the supplemental appropriation found in House Bill 2665.

Prunty said the bill would establish three years of prefunding partially through a collection of fees from employees of the state’s higher education universities. The collection of these fees would be mandated, but according to Prunty, the bill established language which would give higher education employees the ability to request six additional months to cover the cost.

Following further discussions with additional representatives, Prunty returned to explain a conceptional amendment for the bill which was created through conversations with West Virginia University. The secretary explained the amendment would have serves two purposes; focusing the collection of assessment fees from those higher education employees who have PEIA, and establishing the option of a three payment installment plan, spanning three years, two of which are fiscal years.

After discussion of the amendment, Sen. Eric Tarr, R-Putnam, offered an additional amendment which would completely strike the section that requests payment from employees, keeping the language which establishes the fund. Tarr explained that the amendment intends to take the burden of payments away from the state’s higher education establishments, giving the Legislature the opportunity to find additional revenue to fund the remaining 40 million of the rainy day fund.

Multiple Senators agreed with Tarr’s amendment, ultimately resulting in it’s adoption to the bill. Following review of the amendment, counsel explain that the industry’s amendment would no longer be needed.

Following a vote from the committee, members motioned to report House Bill 3139, in addition to 2665, to the full Senate.

Judiciary Committee Send Eight Bills to the Senate

Senate Committee

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March 6, 2019

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Judiciary Committee Send Eight Bills to the Senate

House Bill 2049 would amend §21-5-7 of the State Code 7 to provide additional language regarding how an employee may seek wages and/or fringe benefits from a prime contractor in the event that a subcontractor does not pay those wages and benefits in a manner consistent with the Wage Payment and Collection Act.

The Committee strike and insert amendment was different from the House version with regards to notification of employers. The House bill set requirements for delivery of notice including for the mail to be certified. The adopted strike and insert amendment does not set any requirements.

House Bill 2709 related to hunting licenses. The Committee adopted a strike and insert amendment to bill that took away all of the original language of the House bill, and inserted the language of Senate Bill 414, The Protect Our Right to Unite Act.

The now amended bill would protect an individual’s right to anonymously support organizations. The proposed legislation would provide that such information is exempt from production under the Freedom of Information Act (FOIA). It would also state that the names, addresses, and other contact information of people’s hunting or fishing licenses is exempt from disclosure of a FOIA.

House Bill 2779 would use funds being held by the courts to plug orphaned oil and natural gas wells which are currently polluting the environment. The Committee adopted a strike and insert amendment proposed by Senator Romano (D – Harrison, 12) which would strike all of the language of the proposed House bill, and insert eh language of Senate Bill 541.

The amended bill would now require assurances for each well drilled instead of using a blank $50,000 bond to cover all wells drilled by an operator. In some cases, it only amounts to $20 per well. The bill would be in response to the orphaned well problem.

All three bills were approved by the Committee, and will be reported to the Senate to be voted upon.

The following bills were also passed by the Committee:

House Bill 2474: Relating to a reserving methodology for health insurance and annuity contracts
House Bill 2479: Corporate Governance Annual Disclosure Act
House Bill 2618: Including undue influence as a factor in the definition of financial exploitation of an elderly person or protected person
House Bill 2933: Modifying the criminal penalties imposed on a parent, guardian or custodian for child abuse resulting in injury
House Bill 2968: Adding remote service unit to the definition of customer bank communications terminals

The Committee also considered passage of House Bill 2164 which would codify the right to appeal a final judgement of a circuit court to the West Virginia Supreme Court of Appeals. A motion was made by Vice Chair Weld (R – Brooke, 1) to strike all of the language of the House bill, and insert the language of Senate Bill 266, West Virginia Intermediate Court of Appeals. The motion was defeated by a vote of 8 – 8, and the bill is still in the Committee.

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Extensive Debate Over Severance Tax Legislation Passes Finance

Senate Committee

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March 6, 2019

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Extensive Debate Over Severance Tax Legislation Passes Finance

A bill which would reduce the severance tax on the state’s coal became the topic of extensive debate in Wednesday’s Senate finance committee.

Following the introduction of a committee amendment to House Bill 3142, members participated in lengthy discussion, ultimately resulting in the adoption of an amended amendment and the bill being reported to the full Senate with the recommendation of passage.

Senior Vice President for the West Virginia Coal Association, Chris Hamilton, stood before the committee to address numerous concerns surrounding the proposed legislation and further explained the intentions of the bill. According to Hamilton, the state’s coal severance tax is split into two categories; thermal and steam. If passed, the bill would effect the amount of severance tax which is given back to the state and to counties.

Currently the state receives 4.65 of the tax while counties receive .35. House Bill 3142 intends to reduce the state collection to 2.65 over a period of years while still allocating .35 to individual counties.

While discussing the legislation, multiple committee members questioned how the legislation could potentially impact employment in the state’s coal mines. Mark Muchow, deputy secretary for the Department of Revenue then came before the committee to explain that an impact on employment would depend on the market for steam coal, and although the market seems to be decreasing for surrounding states, West Virginia has recently experienced a 3.65 increase in coal production.

After numerous Senators spoke in favor and opposition of the bill, the committee concluded discussion of the legislation by adopting a committee amendment which was then amended by Sen. Ron Stollings, D-Boone, to require 5% of the coal’s severance tax to be allocated to counties for the purpose of economic development.

Prior to consideration of the bill, the committee also reviewed House Bills 2673 and 2807 and reported each to the full Senate.

The committee opened their meeting by reviewing multiple supplemental appropriations, all relating to reallocation of state funds to various government organizations. Following consideration, all were reported to the full body.

House Budget Passes Senate

Senate Floor Session

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March 6, 2019

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The House of Delegates’ fiscal year 2020 budget was passed by the Senate in a 20-14 vote, Wednesday.

Immediately following passage of House Bill 2020, majority leader, Tom Takubo, R-Kanawha, motioned for the bill to become effective upon passage, resulting in rejection.

The proposed budget received a strike and insert amendment from finance committee Chair, Sen. Craig Blair, R-Berkeley, Tuesday, ultimately resulting in the budget being amended to include the Senate’s budget.

Senate Bill 150, the Senate’s budget bill, included reductions to the Governor’s introduced budget by a total of $100 million. Most notably of the reduced allocation is the withdrawal of the Governor’s proposed teacher raise totaling $80,000,000.

Improvements to the proposed bill currently totals at $137,048,000 for fiscal year 2020.

Following passage of the budget, the body also passed numerous House Bills following brief discussion. Of the passed legislation were House Bills 2009, 2083, 2515, 2530, 2550, 2617 and 2647.

Of the 13 House Bills on second reading, eight received amendments from various Senators and committees in the body. House Bill 2992, which relates to governmental websites, received an amendment from the committee on government organization and then received an amendment to the amendment from the finance committee,

Prior to readings, the body acknowledged various pieces of unfinished business and received multiple messages from the House, many of which were amended by the body. Senate Bill 154, which would allow for school facilities to be used for memorial services for certain community members, and Senate Bill 360, relating to third-party litigation financing, received amendments to the House’s amendments.

Multiple resolutions relating to George Washington High School’s athletic teams were also passed during Wednesday’s floor session Each of the resolutions were intended to congratulate the teams for their achievements. Of the resolutions were Senate Resolutions 70, 71 and 72.

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

The following committees will meet today:

The Senate Committee for Pensions will meet 10 minutes following the floor in 451M.
The Senate Judiciary Committee will meet 10 minutes following Pensions in 208W.
The Senate Finance Committee will meet 10 minutes following Pensions in 451M.

The following committees will meet tomorrow:

The Senate Finance Comittee will meet at 9 a.m. in 451M.
The Senate Judicary Committee will meet at 9 a.m. in 208W.
The Senate Committee for Health and Human Resources will meet at 1 p.m. in 451M.
The Senate Committee for Education will meet at 2 p.m. in 451M.

UPDATE: The Senate reconvened following their 6 p.m. recess to recieve committee reports and announce additional committee meetings. The body also recieved a proclamation from the Governor extended the session for one day with the intention of focusing on the 2020 budget.

House Concurs With Senate Amendments

House Floor Session

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March 6, 2019

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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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