Blog – Page 131

Judiciary Committee Approves the Ardala Miller Memorial Act, Advance Four Other Bills

Senate Committee

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February 27, 2019

The Senate Committee on the Judiciary met Wednesday evening to discuss five House Bills and one Senate Resolution on the Committee agenda.

House Bill 2362 would attempt to place in Code language which allows counties to adopt a policy which allows any qualified voter to vote by emergency absentee ballot who is confined to a specific location within the county on or after the seventh day preceding an election and prevented from travelling to a polling place and voting in person because of:

1) Illness, injury or other medical reason

2) Physical disability or immobility due to extreme advanced age

The Committee adopted an amendment to add a new section for greater clarification for the proposed legislation.

House Bill 2975 directly relates to the Division of Corrections (DOC). Currently, it is a felony for a parole officer employed by the Division of Corrections and an adult or juvenile probation officer employed by the WV Supreme Court to engage in sexual intercourse, sexual intrusion or sexual contact with a person the officer is charged with supervising. The bill would include employees and contract employees of a day report center to those prohibited from engaging in sexual acts with those persons under their supervision.

House Bill 3083 would add temporary work during the legislative session (such as per diem workers) as exclusion to the term employment for purposes of unemployment compensation.

House Bill 2609 would to prevent unnecessary reporting and administrative costs associated with reporting of accounts held by a financial organization for active customers of the financial organization.

House Bill 2907 would require a form of a certified commitment order to the DOC and Rehabilitation.

Originating Senate Concurrent Resolution 1 would request a study of wages of people with disabilities. Currently, West Virginia ranks 50th for paying of people with disabilities. The Resolution would require the Joint Committee on the Judiciary to issue a study on the pay of people with disabilities.

All five House bills and the originating resolution were approved by the Committee, and will be reported to the full Senate to be voted upon.

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House of Delegates Convenes to Pass Final Bills on Crossover Day

House Floor Session

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February 27, 2019

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The House of Delegates convened at 11 a.m. on Wednesday, Feb. 27 on the 50th day of the legislative session. Most notably, this was the final day for bills originating in the House of Delegates to be considered in the House. On this day, a number of bills were passed on third reading, including a bill to increase cannabis industry in the state and a bill to issue a severance tax break for steam and thermal coal.

House Bill 2079 would increase the maximum number of cannabis grower, processor and dispensary permits. The bill would also remove the requirements that licenses be limited in regions of the state. It would increase the increase the maximum number of cannabis dispensers to 165 in the state. Additionally, the bill would allow for vertical integration due to an amendment that was passed yesterday that allows one entity to own ten dispensaries in the state. This bill passed through the House unanimously.

On this day, House Bill 3142 was also passed 88-11 after a lengthy discussion regarding fiscal allocations that the bill would require. This bill would reduce the severance tax on thermal or steam coal to two percent cumulatively over the course of two fiscal years and eliminate some of the restrictions on counties and municipalities expending and reporting the expenditure of the county and municipality portion of the severance tax.

House Bill 2397 also passed. This bill would increase the ratio for licensed psychologists to students in a given WV classroom. The bill would increase the ratio of these licensed professionals by 2021 to be 1 psychologist to every 500 students.

The House of Delegates also voted to reinstate a revised version of the film investment tax credit after a lengthy floor debate. House Bill 2941, an altered version of the film investment tax credit that was repealed by the Legislature last year, passed through the House. This bill would create a refundable tax credit for direct production expenditures and post production expenditures incurred in West Virginia that are directly attributable to the production in West Virginia of a feature length theatrical or direct-to-video motion picture, a made-for-television motion picture, a commercial, music video or television show.

Opponents of House Bill 2941 were concerned about the lack of return on investment that previous versions of the film investment tax credit have brought to the state, but in the end, the prevailing side’s argument for innovation won.

House Bill 3127 was rejected after a lengthy floor debate in a close vote of 52-46. This bill would allow homeschooled and private school students to participate in public school extracurricular activities that are within their district. Delegates who voted to defeat the bill argued that House Bill 3127 was underdeveloped, and that the allowance of homeschooled students to participate in public school extracurricular activities was unfair to students in WV public schools.

As of 5:00 p.m. on Wednesday, Feb. 27, the House of Delegates has passed 15 bills on third reading. All of these bills can be viewed in the Calendar.

The House plans to reconvene to consider the buzzworthy House Bill 2519, the Campus Self-Defense Act. The fate of the bill was in the air temporarily due to the bill being moved off of the House Special Calendar, which is the active calendar, to the Inactive House Calendar by the House Rules Committee this morning. However, after a House Rules Committee meeting occurring at approximately 4:00 p.m., House Bill 2915 was voted to be placed back onto the House Special Calendar.

House Bill 2519 will be up for passage, along with other remaining bills on third reading, when the House of Delegates reconvenes.

Bills that have been moved to the Inactive House Calendar and will not be considered include House Bill 3105, House Bill 3137, House Bill 2729, and House Bill 2931. Additionally, as of the 4:00 p.m. House Rules Committee meeting, House Bill 3136 was moved to the Inactive House Calendar.

The movement of these bills means that the legislation is effectively dead for the 2019 Legislative Session.

The House of Delegates is in recess until 7:00 p.m. tonight, Feb. 27. House Bill 2519 will be up for passage, as will House Bill 3146, House Bill 3148, and House Bill 3149. The House will also consider bills on second reading.

Committees Meeting Before the 7 p.m. Floor Session:

-The House Committee on the Judiciary will meet at 4:30 p.m. in 418-M.

-The House Education Committee will meet at 5:00 p.m. in 434-M.

-The House Finance Committee will meet at 5:30 p.m. in 460-M.

Committees Meeting Before Floor Session Tomorrow:

-The House Committee on Banking and Insurance will meet at 10 a.m. in 215-E.

Cross Over Day Sees Passage of 29 Senate Bills

Senate Floor Session

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February 27, 2019

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A total of 29 Senate Bills passed the Senate during Wednesday’s floor session.

The extensive calendar arose from cross over day, which requires the passage of bills from their house of origin.

After extensive debate from members, Wednesdays floor session saw the passage of:

Senate Bill 348, relating to tobacco usage restrictions, would increase the the age to purchase tobacco products from 18 to 21 years of age.
Senate Bill 522, if passed, would create a Special Road Repair Fund to address the state’s infrastructure issues. According to language of the legislation, repairs would be funded through a $110 million fund operated by the Division of Highways.
Senate Bill 632, if passed, would implement video cameras in self-contained special education classrooms throughout the state. Funding would be provided from the Safe School Fund, established in the bill and funded by the legislature.

Other legislation passed by the body were Senate Bills 105, 318, 326, 379, 396, 412, 414, 467, 487, 530, 543, 555, 564, 574, 605, 625, 633, 637, 657, 658, 671, 672, 673, 674, 675 and 676.

Senate Bill 464, which intended to modify the licensing requirements for telemedicine and surgery or podiatry, was rejected by members of the body following lengthy discussion.

House Bills 2740, which would bar a parent from inheriting from a child in certain instances, and 2746, which would remove the residency requirements for hiring deputy assessors, were laid over on third reading.

Following third reading, two House Bills, 2690 and 2827, were brought before the body on second reading and received no amendments.

Prior to the body’s lengthy calendar, members unanimously voted to adopt two resolutions. Senate Resolution 62, which memorialized the life of honorable R. Michael Shaw, Sr., former member of WV Senate. Senate President, Sen. Mitch Carmichael, R-Jackson, asked his fellow Senators to rise during discussion of the former Senator’s life and achievements.

Senate Resolution 63 recognized the Girl Scouts of Black Diamond Council.

The Senate is currently adjourned until 11 a.m. Feb. 28.

The following committees will meet today:

The Senate Judiciary Committee will meet at 4 p.m. in 208W.

The following committees will meet tomorrow:

The Senate Committee for Health and Human Resources will meet at 1 p.m. in 451M.
The Senate Education Committee will meet at 2 p.m. in 451M.

Health and Human Resources Committee Passes Senate Bills

Senate Committee

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February 26, 2019

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All bills on the committees agenda today were Senate bills, the committee worked through them in anticipation for Crossover Day.

Senate Bill 60 relates to licensing practice of athletic training. This bill amends and reenacts code relating to licensing the practice of athletic training making it unlawful for anyone to practice athletic training without license or permit.

Senate Bill 310 establishes certain requirements for dental insurance. The purpose of this bill is to prohibit a health insurance contractor that covers dental services or participating provider that has an agreement with a dentist from setting fees unless the services are covered. The bill provides that a health care service contractor or other person providing third party administrator services shall not make available any providers in its dentist network to a plan that sets dental fees for any services except those covered.

The bill provides that a dentist may not charge more for services and materials that are noncovered under a dental benefits policy than his or her usual customary rate. Finally, the bill provides that reimbursement paid by a dental plan for covered services and materials shall be reasonable and may not be nominal in order to claim that services are covered services.

Senate Bill 519 requires county emergency dispatchers complete course for telephonic cardiopulmonary resuscitation. The purpose of this bill is to add the training requirements of persons working as a dispatcher in a county emergency dispatch center. It adds the requirement that they have training in emergency cardiovascular care for telephonic cardiopulmonary resuscitation. The training is required to be conducted by a nationally recognized trainer and must be renewed every two years.

Senate Bill 641 relates to Primary Care Support Program. The purpose of this bill is to convert the existing revolving loan fund to a grant program for federally qualified health centers and federally qualified look-alike in order to secure federal medical assistance percentage (FMAP) funding. The bill provides that FQHC look-alikes already receiving funding at the time this program is created shall continue to receive funding annually.

Senate Bill 369 relates to generic drug products. This bill adds definitions for the terms “covered entity” and “covered individual”. It that if a pharmacist substitutes a drug pursuant to the provisions of this section, the patient shall receive the savings which shall be equal to the difference in the patient’s acquisition cost of the product prescribed and the acquisition cost of the substituted product. This provision may not apply if the patient is a covered individual.

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Senate Finances Reviews Fundraising Legislation

Senate Committee

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February 26, 2019

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Two House Bills came before the Senate finance committee for consideration, Tuesday.

House Bill 2854, which would exempt sales from the consumers sales and service tax and use tax by not for profit volunteer school support groups raising funds for schools, was reported to the full Senate following consideration.

The state’s Deputy Tax Commissioner, Lydia McKee, came before members to explain the intentions of the proposed legislation. According to the commissioner, if passed, this bill would now only exempt certain taxes, but also allow for schools to maximize their fundraising periods from three and a half days to 14 days. McKee stated that the increase is intended to help raise more funding for local school boards.

Also passed by the committee was House Bill 2829, relating to the termination of severance taxes on limestone and sandstone. According to counsel, the bill would result in a fiscal loss of $1.1 million from general revenue.

Judiciary Committee Reports Three House Bills to the Senate

Senate Committee

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February 26, 2019

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The Senate Committee on the Judiciary met Tuesday afternoon to discuss three House Bill that were on the agenda.

House Bill 2183 would add language that clarifies that DUIs may only be assessed against individuals operating a vehicle upon a public highway or private road.

House Bill 2691 would provide that a license to carry a concealed deadly weapon expires on the holder’s birthday five years after the license was issued. The Committee approved a strike and insert amendment that would make the license valid for five years. The license would then expire the same day it was issued, or on the cardholder’s birthday; whichever is later.

House Bill 2193 would enact a new code section to provide for the escheatment of ownership of U.S. savings bonds to the State of West Virginia after a Court ruling that the bonds are abandoned under the terms of the statute.

The Committee passed all three bills, and will be reported to the full Senate to be voted upon.

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House of Delegates Advances Campus Carry Bill

House Floor Session

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February 26, 2019

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The House of Delegates convened at 3 p.m. on Tuesday, Feb 26 to continue considering the agenda from previously this morning. The chamber picked up on second reading, which included noteworthy bills such as the campus carry bill and the bill to increase medical cannabis industries within the state.

House Bill 2519, the Campus Self Defense Act, is a bill that has raised a lot of spirited debate among members and constituents. This bill was advanced to third reading with amendments pending to be considered tomorrow, Wednesday, Feb. 27.

House Bill 2079, a bill to remove certain limitations on how many medical cannabis growers, processors, and dispensers can operate in the state, was amended at length.

Delegate Shawn Fluharty, D-Ohio, led the charge on an amendment that would strike the 6-month waiting requirement for patients seeking to get medical marijuana in the state. A lengthy debate ensued, with Fluharty and others arguing that there was no wait period for opioid drugs that are needed, so there should not be one for those seeking cannabis.

The amendment was adopted in a 63-39 vote.

Delegate Andrew Byrd, D-Kanawha, also moved to amend the bill. The amendment would strike language in the bill that would require a physician or pharmacist to be present in a state dispensary. Byrd argued that the presence of these professionals in a dispensary would mean that they have no protections against medical malpractice claims. Delegate Joe Ellington, R-Mercer, the Chairman of the House Health and Human Resources Committee, argued in favor of the amendment and confirmed Byrd’s statements. Byrd’s amendment was adopted overwhelmingly.

Delegate Ellington also proposed an amendment that was adopted. The amendment would return the number of growers and processors to ten, and would allow for a single entity to own ten dispensaries or less.

With these amendments, House Bill 2079 was advanced.

House Bill 3127 was also amended thoroughly on this day. Delegate Danny Hamrick, R-Harrison, proposed an amendment that would mandate that homeschool students participating in extracurricular activities count as 1/10th of a full-time student, and also made other specific clarifications. Hamrick’s amendment was adopted after lengthy discussion.

Delegate Linda Longstreth, D-Marion and Delegate Mike Caputo, D-Marion, moved to amend the amendment. The amendment would have the students be counted as half of a full-time student, in order to ensure the schools are getting paid for the inclusion of these students. This amendment was also adopted.

House Bill 3142 was also amended on this day. Delegate John Shott R-Mercer and Delegate Eric Nelson, R-Kanawha proposed an amendment that would lessen the fiscal implications of the bill. Instead of establishing a 2 percent severance tax on steam coal at once, the amendment would lower the severance tax 1 percent the first year and then another 1 percent the next year. This amendment was passed unanimously.

House Bill 3144 also went under some technical changes on this day and was advanced.

House Bill 2595 was advanced to third reading with the right to amend and will continue to be under consideration tomorrow.

Bills that were advanced without amendment include House Bill 2729, House Bill 2843, House Bill 2882, House Bill 2932, House Bill 2941, House Bill 2951, House Bill 2966, House Bill 2967, House Bill 3148, and House Bill 3149.

All bills on first reading were advanced.

The House is adjourned until 11 a.m. tomorrow, Wednesday, Feb. 27.

Committees Meeting Today After Floor Session:

-The House Committee on Fire and Emergency Medical Services will meet at 4:30 p.m. in 215-E.

-The House Committee on Pensions and Retirement will meet at 4:45 p.m. in 460-M.

-The House Committee on Health and Human Resources will meet at 5:00 p.m. in 215-E.

-The House Committee on Agriculture and Natural Resources will meet at 7:30 in 215-E.

Committees Meeting Tomorrow Before Floor Session:

-The House Finance Committee will meet at 9 a.m. in 460-M.

-The House Committee on the Judiciary will meet at 9 a.m. in 418-M.

-The House Committee on Rules will meet at 10:45 a.m. behind the Hou se Chamber.

Legislation Concerning Recovery Residence Inspections Reported to Senate

Senate Floor Session

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February 26, 2019

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A bill which would allow for inspections of the state’s recovery residencies was reported to the full Senate during Tuesday’s Senate Health and Human Resources committee.

House Bill 2530, which was drafted through collaboration with the city of Huntington, would seek to address the state’s drug epidemic by allowing for the inspection of recovery residencies.

Huntington City Attorney, Scott Damron, came before members to further explain the intentions of the legislation which arose out of a need to address certain residencies inhabited by those actively recovering from substance dependency. According to Damron, the city of Huntington has around 30 recovery residencies which are typically overpopulated and unable to be inspected under current law.

Damron stated that the city has experienced situations where individuals have bought tax properties to create a recovery residency in order to make large sums of money off of houses that aren’t up to housing standards. If passed, House Bill 2530 would allow for the inspections of these prosperities in order to gain certification.

Once certification is received through inspection, the properties would be eligible for funding from the state.

Following consideration of the bill, the committee members motioned to report the House Bill to the full Senate with the recommendation of passage.

Also reported to the body were:

House Bill 2531 which would permit trained nurses to provide mental health services in a medication-assisted treatment program.
House Bill 2405 which would impose a healthcare related provider tax on certain health care organizations.
House Bill 2525 the Tobacco Cessation Therapy Access Act.

House Bills 2405 and 2525 were also amended by the committee prior to passage.

Senate Concurs with House and Passes SB 489, Sends 19 Bills to the House

Senate Floor Session

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February 26, 2019

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The Senate convened Tuesday morning for the 49th day of the legislative session, and quickly concurred with the House Amendments to Senate Bill 489.

Senate Bill 489 would provide for licensure of pharmacy benefit managers with the Insurance Commissioner, sets forth minimum reimbursement rates, and requires PBMs report data to PEIA. The House of Delegates passed a strike and insert amendment to page seven subsection k by stating that if information is not provided, then the Office of the Insurance Commission shall discipline the pharmacy benefit manager as provided.

The Senate passed the amended bill unanimously, and will be reported to Governor Justice to either sign into law or veto.

The Senate also discussed 22 bills that were on third reading and up for passage, including a campaign finance bill.

Senate Bill 622 would make numerous changes to the state’s regulation and oversight of campaign finance. Many changes relate to current federal regulation over federal elections. It raises independent expenditures from $1,000 to $5,000. The proposed legislation also raises the following:

The bill permits contributions to a candidate in a primary or general election campaign up to $2,800 per election. Current code permits contributions up to $1,000.
The bill permits contributions to a state party executive committee, or a local subsidiary thereof, or to a caucus campaign committee of up to $10,000 per calendar year. Current code permits contributions up to $1,000 in a calendar year.
The bill permits contributions to a PAC, of up to $5,000 per election. Current code permits contributions up to $1,000.

The Senate passed the bill by a vote of 19 – 15, and it will be reported to the House of Delegates.

The Senate also passed Senate Bill 520 which would permit the Office of Drug Control Policy to adopt a specific information technology reporting platform for overdose reporting. The committee substitute clarified that all mandatory reporters would be required to submit their report within 48 hours after the provider responds to the incident and via an appropriate technology platform.

Other bills that passed on third reading include:

SB 248: Creating Prosecuting Attorney’s Detectives Act
SB 249: Relating to administration of estates and trusts
SB 329: Relating to agricultural education in high schools
SB 472: Exempting retirement income of certain uniformed services members from state income tax
SB 537: Creating workgroup to review hospice need standards
SB 561: Permitting Alcohol Beverage Control Administration request assistance of local law enforcement
SB 566: Relating to compensation for State Athletic Commission members
SB 600: Relating to preservation of biological evidence obtained through criminal investigations and trials
SB 615: Providing ongoing mechanism for county commissioners to allow compensation increases for elected officials every two years
SB 640: Regulating sudden cardiac arrest prevention
SB 642: Providing options in living wills and combined medical powers of attorney and living wills
SB 651: Relating to DNR ability to enter into certain contracts
SB 653: Relating generally to practice of medical corporations
SB 655: Relating to conservation districts generally
SB 668: Relating to physician assistants collaborating with physicians in hospitals
SB 669: Allowing appointment of commissioners to acknowledge signatures
SB 670: Relating to WV College Prepaid Tuition and Savings Program

Senate Bill 522 and House Bills 2740 and 2776 were laid over one day.

The Senate also advanced 28 bills on second reading, with six of those passing with amendments.

Senate Bill 348 would prohibit the sale or furnishing of smoking devices (pipes and cigarette papers), tobacco products and electronic smoking devices to persons under the age of 21. It would increase the fines for a person, firm or corporation that violates the proposed provision. The bill also would allow an employer to dismiss for cause, an employee who sold or furnished tobacco to a person under the age of 21. Senators Palumbo (D – Kanawha, 17) and Stollings (D – Boone, 7) proposed to an amendment to strike sections 12 and 13 from the legislation, which allowed exemptions to veterans’ organizations and facilities with a valid racetrack video lottery license from local board of health rules restricting smoking in indoor spaces. The amendment passed by a vote of 19 – 15.

The Senate is adjourned until tomorrow, Feb. 27 at 11 a.m.

The following committees will meet today:

Health at 3:15 p.m. in 451M

Education will meet five minutes following Heath in 451M

Gov. Org. will meet five minutes following Health in 208W

Finance at 5 p.m. in 451M

Judiciary at 5 p.m. in 208W

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Committee on Political Subdivisions Passes Two Bills

House Committee

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February 26, 2019

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Senate Bill 24 provides funds to DHHR for local boards of health employee pay raises. The bill requires the Legislature to include funding in the DHHR appropriation to raise pay for employees of local boards of health when an across the board pay increase is provided for state employees. It also requires continued annual funding for the local BOH’s with annual appropriations in the base budget for local BOH to fund increased compensation-until pay is same as state employees. The bill will be reported to the House.

Senate Bill 241 permits county court clerks to scan certain documents in electronic form. This bill would allow a county commission to authorize the county clerk to record documents by scanning them in electronic format instead of placing them in books, and not prepare separate indices of those documents. the bill further allows the county commission to authorize the clerk to scan and replace existing books, but requires that the existing books be retained, either on or off site. There was an amendment made to the bill that would require county commission, in addition to scanning the documents, make them available online. The bill will now be reported to the House as amended.

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