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House of Delegates Convenes to Pass Final Bills on Crossover Day

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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 House Bill 2941, an altered version of the film investment tax credit that was repealed by the Legislature last year, passed through the House.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

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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

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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

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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

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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

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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

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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

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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

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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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House of Delegates Convenes to Pass Bills on Third Reading

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The House of Delegates convened at 9 a.m. on Tuesday, February 26 to consider forty-four bills on third reading on the 49th day of the regular legislative session. Forty-four bills were passed on this day, in preparation for Wednesday being crossover day.

House Bill 2011 was passed by the House of Delegates after a lengthy discussion regarding the scope of privatization in the implications of the bill. This bill would create a program in the state known as the Road Maintenance Program that would allow for and encourage a program in every district of the state to contract out with private contractors in order to perform road maintenance within that district. The WV Division of Highways and Legislative Auditor would oversee the efficacy of this bill if it were to pass. The Road Maintenance Program would aim to solve for the abundance of road work projects, however, several members were concerned about the amount of contracting the Division of Highways would do out of the state of West Virginia. Despite this, the bill was passed overwhelmingly.

House Bill 2014 was also passed by the House of Delegates. This bill would create the WV Intellectual Property and Trade Secrets Act, which would strengthen protections for items created of commercial value. The bill would add a formula definition of intellectual property, adds provisions to protect employment nondisclosures, and provides criminal and civil penalties for violations.

House Bill 2049 would provide protections for prime contractors in regards to wages and benefits. If an employee believes that they haven’t been paid the proper amount of wages by the prime contractor, they would have to first notify the prime contractor of the discrepancy and then give them notice and provide them with verifiable proof, such as a check stub. They must also give the contractor time to remedy the lack of payment before taking court action. This bill passed unanimously in a 58-41 vote.

House Bill 2378 passed unanimously. This bill would allow the revocation of state teaching licenses from individuals who have been convicted of a crime requiring them to register as sex offenders, or individuals who have been convicted of a crime regarding the possession or transfer of a controlled substance.

House Bill 2396 was also passed unanimously on this day. This bill would create the WV Fresh Food Act. This bill would require all state funded institutions to purchase a minimum of 5% of fresh food from West Virginia. The intent of this bill is to stimulate economic growth for the state’s agricultural industry.

House Bill 2497 was passed unanimously by the House of Delegates. If passed, this bill would issue more protections for whistleblowers in the state of West Virginia. It codifies the protection of West Virginia whistleblowers, and mandates that they cannot be passed up for a raise or promotion because of their status as a whistleblower, and they cannot be prohibited from taking part in political or union activities.

House Bill 2617 would require the Insurance Commissioner to provide for the use of electronic means of delivery and electronic signing of the form for making an offer of optional uninsured and underinsured motorist coverage by insurers. After little debate concerning the rights of the uninsured and underinsured, this bill ultimately passed.

House Bill 2991 was also passed on this day, a bill to require the WV Office of Drug Control Policy within the DHHR to conduct an assessment of WV’s system of care for treatment and recovery services for substance use disorder. This assessment will be used to find gaps in the treatment and recovery services for substance use disorders. Money found in these assessments will be allocated to the Ryan Brown Fund.

House Bill 3020 would allow 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 in the state. After lengthy discussion, this bill was also passed.

House Bill 3131 also generated lengthy discussion, but was ultimately passed. This bill would give the Department of Health and Human Resources the authority to use existing funds to make salary adjustments and increase the salary ranges for certain employees, such as CPS workers.

Action on House Bill 2931 and House Bill 2937 was postponed for one day.

All other 34 bills passed by the House of Delegates can be accessed on the Calendar.

The House of Delegates is in recess until 3:00 p.m. today, Tuesday, Feb. 26 to continue consideration of the posted agenda.

 

Committees Meeting Today After Floor Session:

-The House Committee on Political Subdivisions will meet at 1 p.m. in 434-M.

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

-The House Committee on Fire Departments and Emergency Medical Services will meet at 5 p.m. in 215-E.

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

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