Blog – Page 131

House Committee on Banking and Insurance Advances Annuity Tax Elimination Bill

House Committee

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February 28, 2019

The House Committee on Banking and Insurance met at 10 a.m. in 215-E on Thursday, Feb. 28, to consider three Senate bills. One of the bills that was advanced from this committee was a bill to eliminate a state tax on annuity collected by life insurers.

Senate Bill 30 is a bill that would eliminate the 1% tax on the annuity that is currently collected by life insurers in the state of West Virginia. A committee amendment adopted at the beginning of the meeting would make the passage of this bill effective in the fiscal year of 2020, so the proposed budget would not have to allocate for the fiscal impact in this year’s budget.

The members of the Banking and Insurance Committee unanimously adopted Senate Bill 30 as amended, citing that the elimination of the annuity tax could greatly benefit West Virginians.

“Most annuitants in the state make a salary of $50,000 or less,” said Minority Chairman John Williams, D-Monongalia. “This is no longer a tax on people making a lot of money, and I think this is going to help a lot of people.”

The House Banking and Insurance Committee unanimously approved of Senate Bill 30 and advanced it to the House Finance Committee for a second reference.

The committee also considered Senate Bill 340. This bill would repeal part of the Insurance Code referring to the WV Physicians Mutual Insurance Company that is no longer needed. The bill would repeal Article 20E in the code, which is deemed obsolete. Article 20E, enacted in and unchanged since 2001, created a mechanism to provide medical professional liability insurance to health care providers who are unable to secure such coverage at approved rates through the voluntary market.

Senate Bill 340 was unanimously approved by the committee and advanced to the House Committee on the Judiciary for a second reference.

The House Committee on Banking and Insurance laid over Senate Bill 74 on this day due to confusing implications. The bill would seek to exempt nonpaid volunteers at state ski resorts from receiving worker’s compensation benefits. The unanswered implication of possible simple negligence suits caused the committee to lay the bill over.

House of Delegates Completes Legislative Action on Four Bills

House Floor Session

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February 28, 2019

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The House of Delegates convened at 11 a.m. on Thursday, Feb. 28 for the 51st day of the legislative session. Senate Bills were considered in the House this day, with noteworthy bills such as Senate Bill 440 passing.

Senate Bill 440, a bill to update the state’s anti-hazing laws, passed through the House in a 75-22 vote. This bill would update the definition of hazing to include any organization whose members include students at any state public or private institution of higher learning. The bill also creates a misdemeanor criminal penalty for this updated provision.

Senate Bill 157, a rules bundle, was also passed unanimously on this day and made effective from passage. This bundle includes Senate Bill 157, Senate Bill 158, and Senate Bill 159. The bundle updates legislative rules regarding the WV Department of Administration.

Senate Bill 157 would allow vendor contracts to be cancelled if they were awarded in an erroneous way; would allow related parties to a debarred vendor to also be debarred; authorize the Purchasing Division to recalculate a vendor’s extension price; ease requirements for direct award; and allow for standardization of commodities.
Senate Bill 158 mainly pertains to the use of a state vehicle. The proposed rule would allow a volunteer acting in an official capacity to use or occupy a state vehicle The bill would also require drivers to maintain a vehicle log including state spending units to annually calculate indirect costs of operating state-owned vehicles for the agency, and spending units to enroll in the management services offered by the Fleet Management Division unless the spending unit is granted an exemption.
Senate Bill 159 would require agencies to report real property inventory in the centralized accounting system maintained by the Enterprise Resource Planning Board. Changes in ownership status or occupancy must be reported in the system within 30 days.

Senate Bill 453 was also passed unanimously by the House of Delegates. This bill gives the Division of Financial Institutions more flexibility to accept alternative forms of valid background checks. The passage of the bill would provide that the Commissioner may use alternate acceptable forms of international information for background checks for potential employees who are not residents of the United States.

Senate Bill 510 passed in a vote of 86-12. This bill would amend the WV Medical Professional Liability Act. It would mandate that a medical malpractice case cannot be pursued in WV courts until a proper claim is issued that formally advises the medical provider being accused of the liability and the evidence upon which the accusation is based.

Bills on second reading that were advanced without amendment on this day include Senate Bill 408 and Senate Bill 593.

Senate Bill 295 went under some minor changes that would improve the functionality of the bill. Delegate John Shott, R- Mercer, proposed an amendment that would strike the authority of people who are not law enforcement officers to arrest civilians. The amendment passed unanimously.

Senate Bill 518 was amended as well by the House Committee on Health and Human Resources. The bill was amended to allow clerks to check identification cards to ensure that people looking to purchase medications with dextromethorphan in them are above the age of 18.

Senate Bill 545 went under a slight technical amendment and another amendment that slightly amended a legislative rule.

All bills on first reading were advanced.

The House of Delegates is in Recess until 5:30 p.m. today, Thursday, Feb. 28. They will reconvene to receive committee reports.

Committees Meeting After Floor Session:

-The House Committee on Health and Human Resources will meet at 1 p.m. in 215-E.

-The House Committee on Energy will meet at 2 p.m. in 418-M.

-The House Finance Committee will meet at 3 p.m. in 460-M.

-The House Committee on the Judiciary will meet at 3:30 in 418-M for continued consideration of their posted agenda.

The House of Delegates reconvened briefly at 6:30 p.m. on Thursday, Feb. 28 to receive committee reports.

The House received the House Finance’s Committee Report for House Bill 2020, the proposed budget for fiscal year 2020. House Bill 2020 was read a first time on this evening.

The House is adjourned until 11 a.m. tomorrow, Friday, March 1.

The House Committee on the Judiciary will meet directly after the evening House floor session to continue consideration of their posted agenda.

Committees Meeting Before Floor Session Tomorrow:

-The House Committee on Agriculture and Natural Resources will meet at 8 a.m. in 215-E.

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

-The House Committee on Government Organization will meet at 9 a.m. in 215-E.

-The House Education Committee will meet at 10 a.m. in 434-M.

Judiciary Committee Passes Sexual Assault Bill

House Committee

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February 27, 2019

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The Judiciary Committee met today to discuss Senate Bill 72 creating Sexual Assault Victims’ Bill of Rights.

This bill creates a section of code entitled the Sexual Assault Victims’ Bill of Rights. The Victim Protection Act of 1984 provides rights to certain victims. This bill creates additional rights which include the following:

· The right to a personal representative of the victims 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; and

· The right to have said evidence preserved for an additional period not to exceed 10 years after a written request

Senate Bill 491 extends effective date for voter registration in conjunction with driver licensing. This bill amends the effective date for automatic voter registration implementation to July 1, 2021. Additionally the bill requires the DMV to obtain an applicants United States citizenship status, along with other information that must be collected and released to the Secretary of State as part of an automatic voter registration application. The bill will be reported to the House.

The committee was left with questions though as one witness testified that another departments witness had given an alternate fact in Senate Judiciary. The committee unsettled by this issue will be asking the committee on Government and Finance to conduct an investigation as well as discussing it with the President of the Senate, Mitch Carmichael.

Senate Bill 481 relates to Judicial Vacancy Advisory Commission. This bill amends the in-state residency restriction for members of the Judiciary Vacancy Advisory Commission, which currently prevents more than three members of the Commission from being residents of the same congressional district of the state. The bill would instead provide that no more than four members may be residents of the same congressional district; and no more than two member of the JVAC may be residents of the same senatorial district. The bill will be reported to the House.

Senate Bill 393 protects the right to farm. The purpose of this bill is to protect the right to farm and to protect agricultural operations form nuisance litigation if the facility has been in operation for more than a year. The bill will be reported to the House.

Senate Bill 3 establishes WV Small Wireless Facilities Deployment Act. This bill primarily makes technical and formatting changes to the bill as originally introduced. The remaining changes are a result of agreement among the stakeholders – primarily between Wireless Communication Provider (AT&T) and the WV Municipal League. It also addresses the FCC guidance on the issue. The bill will be reported to the House.

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House of Delegates Passes Campus Carry Bill

House Floor Session

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February 27, 2019

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The House of Delegates reconvened at 7 p.m. to discuss House Bill 2519, the Campus Self Defense Act.

There were many amendments pending for this bill with one passing. This amendment requires that all universities file reports of incidents to the joint committee on Government and Finance by December 15^th each year. After much passionate debate on the bill and testimonies relating to how it would affect our state and students, the bill was passed 59 to 41.

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

Senate Committee

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February 27, 2019

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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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