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Senate Amends SB 150 Budget Bill into HB 2020 Budget Bill

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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

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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

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House Judiciary Passes Two Bills

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

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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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House of Delegates Passes 20 Senate Bills

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House of Delegates Passes 20 Senate Bills

The House of Delegates convened at 11 a.m. on Tuesday, March 5, for the 56th day of the legislative session. On this day, 20 Senate bills were up for passage on third reading, with a number of them regarding legislative rules for various state agencies.

Senate Bill 163, Senate Bill 175, Senate Bill 190, and Senate Bill 223 were all legislative rules bundles that were on third reading this day. All of these bundles were passed with little discussion, and made effective upon passage.

Noteworthy bills that were passed on third reading include Senate Bill 316, a bill to amend the provisions of the West Virginia Code relating to the correction of errors in payments to or from a municipal policeman’s or fireman’s pension and relief funds. The bill would authorize a municipality to approve continued overpayments of benefits from pension and relief funds for any retiree who retired prior to the enactment of the current provisions, instead of reducing the benefit payments to the correct amount as would be required under current law.

Senate Bill 491 passed after lengthy discussion that spanned over all three days of the bill being read. This bill would extend the statutory deadline for the implementation of automatic voter registration in conjunction with certain Division of Motor Vehicles (DMV) transactions from July 1, 2019 to July 1, 2021.

The bill spurred discussion regarding the department’s delay in getting automatic voter registration implemented after legislation mandating it was passed in 2016. Miscommunication between the DMV and the WV Secretary of State’s Office has led to automatic voter registration stalling after its passage. Several delegates believed that the passage of the bill would not hold the departments accountable.

“We as a legislative body have directed this agency to accomplish something,” Delegate Andrew Robinson, D-Kanawha said. “If we get more people involved, and we get more people voting, that’s an advantage for all of us. More good will be done, more community involvement will happen across the state, and this would be beneficial across the board.”

Other delegates said that the passage of the bill would help to ensure that the agencies involved will receive the help necessary to get the job done.

Delegate Moore Capito, R-Kanawha, spoke in defense of the bill’s passage, saying that it would provide a “statutory ultimatum” for the agencies, and was “necessary to getting all the moving parts to come together”.

After a lengthy debate, Senate Bill 316 passed in a vote of 61-38.

Senate Bill 624 also generated debate on the House floor, but was ultimately passed. This bill would require the State Board to allow county boards to use an alternative assessment, such as the ACT assessment, pursuant to the locally selected assessment option provided for in the federal Every Student Succeeds Act (ESSA).

All other bills on third reading were passed by the House of Delegates. All bills that were considered and passed can be accessed in the Calendar.

Senate Bill 1, a bill on second reading, was amended at length.

Senate Bill 1, a bill to increase access to the state’s community and technical schools, would create the Advanced Career Education (ACE) Program with the intention of fostering a connection between state high schools and community colleges, and it would also create the WV Invests Fund. The WV Invests Fund would fund the community college tuition of select WV students who qualify.

The House of Delegates unanimously adopted the primary amendment to Senate Bill 1, a strike-and-insert amendment from the House Education Committee. The amendment would make several changes. The strike and insert includes the requirement of the WV Chamber of Commerce to research and prepare a list of underserved industries in the state to ensure the proper programs are facilitated, and the addition of public baccalaureate institutions that offer associate programs.

Several secondary amendments to the primary amendment were also adopted on this day. A secondary technical amendment was made, and an amendment made by Delegate Phillip Diserio, D-Brooke, was also adopted.

Diserio’s amendment would encourage and foster cooperation between apprenticeship programs and community and technical schools.

The House is in Recess until 7 p.m. today, March 5.

They will reconvene to continue consideration of bills on second reading, consider bills on first reading, and to receive committee reports.

 

Committees Meeting After Floor Session Today:

-The House Pensions and Retirement Committee will meet directly following the 11 a.m. House floor session in 460-M.

-The House Committee on Energy will meet at 2:30 in 418-M.

– The House Committee on Finance will meet at 3 p.m. in 460-M for continued consideration of their agenda.

 

The House reconvened briefly at 7:00 p.m. to continue consideration of bills on second reading, consider bills on first reading, and to receive committee reports.

Bills that were advanced without amendment include Senate Bill 587, Senate Bill 675, and Senate Bill 187.

Senate Bill 285 was amended by the House Judiciary Committee. They offered a strike and insert to the bill which would allow for the local Health Department to order stoppage of sale if the homemade food is found to have caused a food-borne illness.

Senate Bill 537 was amended by the Health and Human Resource Committee to add in the WV Healthcare Authority as the reviewing entity.

Senate Bill 546, Senate Bill 617, and Senate Bill 653 all went under technical amendments on this day.

All bills on first reading were advanced.

The House of Delegates is adjourned untill 11 a.m. on Wednesday, March 6.

 

-The House Committee on Finance will meet directly after the House floor session. 

 

Committees Meeting Tomorrow Morning: 

– The House Rules Committee will meet at 10:45 a.m. behind the Chamber. 

 

Judiciary Committee Passes Bill Improving Law Enforcement Abilities

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The Judiciary Committee met for an extended meeting yesterday which encompassed a multitude of bills. One bill, Senate Bill 487 would improve ability of law enforcement to locate and return missing persons.

In a medical professional liability action-if state staffing standards are met, it establishes a conclusive presumption of adequate staffing, and a rebuttable presumption that adequate supervision to prevent accidents was provided. Likewise, if staffing is less than state regulations dictate, there arises a rebuttable presumption of inadequate staffing or supervision which was a contributing cause of a fall, injury or death. The bill was reported to the House.

Senate Bill 485 clarifies notification requirements for insurance purposes. This bill removes a notice provision regarding transfer of a policyholder between companies within the same insurance group and adds it to another section. The bill was reported to the House.

Senate Bill 90 relates to transferring Safety and Treatment Program from DHHR to DMV. This requires that moneys from the DHHR Safety and Treatment Fund be transferred to the DMV Treatment Fund. This bill also creates a new subsection that requires the DMV to create grievance and appellate procedures by promulgation of rules that allows participants to appeal to the regular courts of the state after they have exhausted administrative remedies. The bill was reported to the House.

Senate Bill 561 permits the Alcohol Beverage Control Administration to request the assistance of law enforcement. The bill accomplishes 15 separate items and permits ABCA to request and obtain the assistance of local law enforcement in enforcing liquor laws. The bill was reported to the House.

Senate Bill 369 relates to generic drug products. This bill removes the requirement that pharmacies “pass along” acquisition cost savings with respect to generic drugs to insured customers. Pharmacies still must pass along those savings to uninsured individuals. The bill was reported to the House.

Senate Bill 669 allows appointment of commissioners to acknowledge signatures. This bill a new article to allow the appointment of commissioners to acknowledge signatures performed in or out of the State by persons residing in or out of the State covering deeds, leases, and other writings pertaining to West Virginia property for recordation in the State. The bill was reported to the House.

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House Bills Pass Military Committee

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Three bills relating to the state’s veterans passed the Senate military committee following brief discussion Tuesday morning.  

After receiving minimal questions from the committee, members still motioned to report each of the three bills to the Senate with the recommendation of passage. Of the reported legislation were House Bills: 

  • 2209 which would allow for military veterans to qualify for the license examination required to be a emergency medical technician. According to counsel, veterans would be required to have certain qualifications from their time in the service to qualify for the exam. 
  • 2330 which would allow honorably discharged veterans who possess certain military ratings to qualify to take the examination for licensing as a plumber, electrician, and sprinkler fitter. 
  • 2926 would require the Secretary of the Department of Veterans’ Affairs to study the housing needs of veterans and then report their findings to various joint committees.  

Natural Resources Originates Study Resolution Following Push Back

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A study resolution intended to look at the sell of round timber wood was originated by the Senate committee for natural resources Tuesday morning.   

Committee Chair, Mark Maynard, R-Wayne, explained that the resolution arose following “push back” surrounding House Bill 2718, a bill which would require purchasers of roundwood to collect and maintain certain information regarding the buying and selling of the wood. The bill originally passed out of the House  

In an explanation provided by counsel, members learned that the objective of the resolution would be to investigate the buying and selling of roundwood in the state while also tracking records which are distributed during transactions. Counsel stated that the resolution would aid establish violation standards and a fine of $1,000 to $3,000 for not distributing records during an transaction. 

Jason Webb from the Land and Mineral Owner Association came before the committee to explain that the House Bill 2718 was a direct result of a similar bill passed in 2012 which required the sellers of roundwood to keep records. Webb stated that since the passage of the bill, crimes in which round timber wood has been stolen and sold without records have significantly increased. The objective of this study resolution would intend for an increase in record keeping to aid in potential crimes according to Webb.  

Following discussion of this resolution, the committee motioned to report to the resolution to the full Senate with the recommendation of passage.  

House Bills 2540, 2715 and 2716 were also brought before the committee and were also reported to the full Senate following brief explanations from counsel.  

Agriculture Committee Approves W. Va. Fresh Foods Act

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The Senate Committee on Agriculture and Rural Development met Tuesday morning for a brief meeting to discuss one House bill.

House Bill 2396 would create the West Virginia Fresh Foods Act. The meat and potatoes of the bill consist of requiring state-funded institutions, such as schools, colleges, correctional facilities, government agencies, and state parks to purchase a minimum of five percent of fresh produce from in-state producers.

The goal of the proposed legislation is to promote local in-state farming instead of buying fresh produce from out-of-state producers. The original bill required a minimum of 20 percent to be from in-state producers, but was amended to five percent while in the House Committee on Agriculture and Natural Resources. The Senate Committee adopted a strike and insert amended for technical clean up to the bill and was approved unanimously.

The bill will be reported to the Senate, and will request to have the second reference to the Senate Committee on Government Organization to be waived.

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Judiciary Committee Discusses Intellectual Property Bill, Passes Three Bills

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The Senate Committee on the Judiciary met Monday afternoon for a long discussion over an intellectual property bill.

House Bill 2014 create the West Virginia Intellectual Property and Trade Secrets Act which is different from the Uniform Trade Secrets Act. The goal of the bill is to “Make West Virginia an outlier in a positive sense towards tech companies”, said Speaker Hanshaw (R – Clay, 33).

It would rearrange the current Code to place a short title at the front of the article.  It adds a new definition of intellectual property to the current definitions found in the article. The statute of limitation would be expanded from three to five years.

Multiple stakeholders testified during the committee either for or against the proposed legislation. After hearing from both sides, Chairman Trump (R – Morgan, 15) decided to table to the bill until a later date, so the Chamber of Commerce and other stakeholders could have enough time to read the Committee Substitute strike and insert amendment to the bill.

The Committee also passed three House bills during Monday’s meeting.

House Bill 2190 would modify bail requirements in the judicial system. It would require a magistrate, except for good cause shown, to release a person charged with certain misdemeanor offenses on his or her own recognizance.

House Bill 2412 would consolidate criminal offenses relating to government procurement into one article within Chapter 61 of the West Virginia Code, to establish definitions common to all offenses, and to clarify who is subject to these prohibitions.

House Bill 2809 relates to the Hatfield-McCoy Recreation Area. Currently, a person who does not remain within and on a designated and marked trail while within the Hatfield-McCoy Recreation Area is guilty of a misdemeanor and, upon conviction, shall be fined not more than $100.

The bill would increase the criminal fines for individuals who do not remain within and on a designated trail while within the Hatfield-McCoy Recreation Area to a fine of not less than $1,000.

At the beginning of the meeting, Chairman Trump announced that House Bill 2519, Campus Self Defense Act, was taken off the Committee agenda.

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