Blog – Page 133

Legislation Sparks Debate in Senate Education

Senate Committee

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February 21, 2019

A Senate Bill which would require video cameras in certain public education classrooms was the source of confusion during Thursday’s Education committee.

If passed, Senate Bill 632 would require contained, special education classrooms to be recorded throughout the school day and have video and audio footage preserved for three months following the initial filming.

A number of Senators expressed concern over language in the proposed legislation concerning a child’s privacy which resulted in representatives from the Department of Education coming before the committee to address concerns.

Questions dealing with a child’s consent to recording, the privacy of the recordings and who would be able to access the footage were all addressed by Sarah Stewart of the state’s Department of Education.

According to Stewart, the bill currently has little language concerning the consent of students who would be filmed, while also establishing that attained footage would only be eligible for review upon request by school administrators , school employees, parent or legal guardians and law enforcement officers.

Currently the bill has a fiscal note set at $7 million which would allocate $2,600 for recording equipment in each classroom.

Following a recess, the committee reconvened to further explain the legislation and ultimately moved to include a number of amendments from members. Sen. Mike Romano, D-Harrison, motioned to add a provision which would delete footage following it’s initial three month preservation, while co-chair, Sen. Craig Blair, R-Berkeley, created a conceptional amendment which would change language within the legislation and require that all self contained classrooms implement video and audio recording.

Sen. Stephen Baldwin, D-Greenbrier, and Sen. Charles Trump, R-Morgan, also motioned to add amendments. After further discussion, committee members adopted language for a committee substitute and reported the bill to the full Senate following a second reference to finance.

Members also reviewed an originating bill which would expand the applicability of educational facilities for the West Virginia College Prepaid Tuition and Savings Program. Following review of the legislation, Sen. John Unger, D-Berkeley, cited similarities between the originating legislation and House Bill 2793 which passed the House earlier this month.

The Senator questioned the committee chair to ask why the committee would want to originate a bill instead of focusing on reviewing and potentially amending existing legislation. Chairwoman Sen. Patricia Rucker, R-Jefferson, stated that although similar legislation exists, the creation of the bill wasn’t intended to change anything the House had already completed.

“It was brought to my attention that this legislation needed to be completed so I went forward in creating it,” Rucker explained.

Following discussion of the bill, the bill was voted to be reported to the full Senate.

Judiciary Committee Reforms Campaign Financing

Senate Committee

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February 21, 2019

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The Senate Committee on the Judiciary met Thursday afternoon to discuss two separate bills that were on the agenda.

Senate Bill 622 relates to regulating campaign financing. The proposed legislation would raise the state’s public contributions to the federal limits. The 50-page piece of legislation would update campaign financing limitations which include:

Public contributions could be no more than $2,800
- Can contribute for the primary general election
- Totaling $5,600
Contributions to Political Action Committees (PAC) would rise from $2,000 to $10,00
Expenditures would be considered as a contribution

Originating Bill 2 would require the Notary Public Commission to acknowledge notaries beyond the borders of West Virginia.

Both bills were passed by the Committee, and will be reported to the full Senate to be voted upon.

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House Health and Human Resources Advances Three Senate Bills to the House Floor

House Committee

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February 21, 2019

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The House Health and Human Resources Committee convened at 2 p.m. on Thursday, Feb. 21, in the House Health Committee Room to consider four pieces of legislation. Three of these bills were Senate bills.

Senate Bill 518 would restrict the sale of dextromethorphan to people in the state of West Virginia over the age of 18. Dextromethorphan is commonly found in cough syrups and cold medicines. This bill would address concerns that come with teenagers using dextromethorphan to get high through the means of ingesting a large amount of cough syrup.

The House Committee on Health and Human Resources amended the bill to require the distributor of dextromethorphan to verify the age of people who wish to purchase drugs containing the ingredient through ID verification. Employees are expected to check ID’s of consumers, unless their appearance reasonably leads them to believe they are over the age of 25.

The committee amendment was adopted unanimously, and Senate Bill 518 was advanced to the House floor with the recommendation that it pass as amended.

Senate Bill 489 was also amended on this day. This bill relates directly to Pharmacy Benefit Managers in the state and the regulations that they must undergo through the Insurance Commission. This bill 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 licenses would last for two years, and the Insurance Commissioner would be responsible for promulgating licensure fees.

The amendment makes a change to the language of Senate Bill 489 to make the bill more permissive. The amendment would permit PEIA to terminate contracts, but does not require them to do so. The Insurance Commission would still be required to discipline Pharmacy Benefit Managers who do not properly report data. The amendment was unanimously adopted. Senate Bill 489 was advanced to the House floor as amended with the recommendation that it pass.

Senate Bill 545 was also amended technically by the House Health and Human Resources committee to ensure that the bill aligned with legislative rules. This bill would update language in code in regards to required HIV testing, and adjust the testing protocol so it includes more modernized testing methods.

Senate Bill 545 was also advanced as amended to the House floor with the recommendation that it pass.

House Bill 2953 was also considered on this day. This bill would permit critical access designated hospitals in the state to become community outpatient medical centers if they meet certain requirements and choose to do so. The legislation is permissive and would allow critical access hospitals to change their business models to best serve those in rural areas of the state by including outpatient beds and services.

House Bill 2953 was advanced to the House floor without amendment and with the recommendation that it do pass

Energy Committee Passes Well Plugging Bill

Senate Committee

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February 21, 2019

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The Senate Committee on Energy, Industry and Mining met Thursday afternoon to discuss just one bill on the agenda that related to abandoned oil and gas wells.

Senate Bill 541 would require money that results from the forfeiture of an oil and gas operator’s bond as a result of the operator’s failure to plug a well or comply with state statutes to first be applied to correct or mitigate an immediate threat to the environment.

After a long discussion over the implementation and impact of the proposed legislation, it was unanimously passed by the Committee and reported to the full Senate to be voted upon.

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Senate Advances 24 Bills on First Reading

Senate Floor Session

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February 21, 2019

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Numerous Senate and House Bills were featured on first reading during Thursday’s Senate floor session.

The hefty agenda comes before the Senate as the legislature approaches cross over day on Feb. 27.

Prior to first reading, six bills were passed by members of the body during third reading. Senate Bills 340, 344, 402, 510 and 635, in addition to House Bill 2324, will now be reported to the House for consideration.

When reviewing Senate Bill 635, Sen. William Ihlenfeld, D-Ohio, moved to amended the legislation on third reading. Following the Senator’s explanation of the amendment, which would ultimately move to charge individuals who trespass on the state’s coal mines with a felony, the body adopted the amendment and the bill unanimously passed.

If passed, the bill, which relates to coal mining activities, would be effective upon passage.

Senate Bill 613, which would require the DNR to include the election of organ donation on hunting licenses, was the only bill to be featured on second reading and received no amendments.

The body also recognized two resolutions prior to readings. Senate Resolution 55 recognized Mike Webb for more then 50 years of dedicated public service, while Senate Resolution 56 reaffirmed the sister-state relationship between West Virginia and Taiwan.

The following committees will be meeting today:

The Senate Energy Committee will meet at 1 p.m. in 208W.
The Senate Committee for Health and Human Resources will meet at 2 p.m. in 451M.
The Senate Education Committee will meet at 2 p.m. in 451M.
The Senate Finance Committee will meet at 3 p.m. in 451M.
The Senate Judiciary Committee will meet at 3 p.m. in 208W.

The following committees will meet tomorrow:

The Senate Finance Committee will meet at 9 a.m. in 451M.
The Senate Judiciary Committee will meet at 9 a.m. in 208W.
The Senate Committee for Natural Resources will meet half hour following floor session tomorrow in 208W.

Following recess, the Senate reconvened to read two bills for a first time.

Senate Bill 541 which would establish priorities for expenditures for plugging abandoned gas or oil wells.
Senate Bill 543 relating generally to automobile warranties and inspections.

House Education Advances Bill to Change School Start Dates

House Committee

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February 21, 2019

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The House Education committee convened at 9 a.m. on Thursday, Feb. 21 in 434-M to consider two pieces of legislation. One of these bills would change the effective start and end days for West Virginia K-12 public schools.

House Bill 2433 would mandate that schools in the state of West Virginia would start no earlier than Labor Day and end no later than Memorial Day. This bill would ensure uniformity with West Virginia start and end days, and guarantee the summer months off for students.

In order to make up snow days, the bill allows schools to either extend school day hours or offer a 5-day extension to the school year to compensate.

The Education committee overwhelmingly approved of the bill, but offered a number of amendments to House Bill 2433 to increase continuity and uniformity.

The Education Committee amended the bill to change the language regarding the bill’s effective date from 2020 to 2021.

Delegate Sean Hornbuckle, D-Cabell, moved to amend the bill as well. He suggested that the committee strike the words “Labor Day” and “Memorial Day” and replace the language with “September 1st” and “May 30th” respectively.

“Labor Day can be anywhere from September 1st to September 7th, given the year,” Hornbuckle said. “Same with Memorial Day. This change ensures that we give the schools a uniform date.”

The amendment passed unanimously. Delegate John Kelly, R-Wood, the lead sponsor of the bill, commended the change.

Hornbuckle also offered a second amendment up, one that was born from his conversations with parents and educators across Cabell County. The proposed amendment would change the school day requirement from 180 to 170 days.

“I did a little bit of research, and found that the top ten performing schools are in session for 165-180 days,” Hornbuckle said. “Meanwhile, the states that perform below us are in session for 180 days across the board. This shows that there’s no correlation between how many days our public schools are in session, and how well they do.”

While many delegates agreed with the amendment, many were concerned with the amendment’s ability to invite a veto to an otherwise foolproof bill.

Caleb Hanna, R-Webster, spoke in favor of the amendment.

“I think the people of West Virginia are going to love this,” Hanna said. “If the Governor vetoes this, he’ll have to answer to the people. This is a great amendment, quality shows much more than quantity.”

The amendment by Delegate Hornbuckle was adopted by the committee.

After a little debate centered around the paternalistic nature of the bill, the House Education committee advanced the bill to the House floor as amended with recommendation that it should pass.

The House Education committee also had a consideration of an originating bill to add a provision to current code. This provision would allow county Boards of Education to go into executive session. This originating bill was tabled by the committee.

The House Education committee will meet later again today to have a consideration of Senate Bill 1.

Transportation Committee Passes Inspection Sticker Bill

Senate Committee

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February 21, 2019

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The Senate Committee on Transportation and Infrastructure met Thursday morning for continued discussion over Senate Bill 543.

The proposed legislation would no longer make it mandatory for an annual motor vehicle inspection, but rather every two years. The bill would also allow used motor vehicles to be sold “as is” under certain circumstances. The used motor vehicle must follow these guidelines which include:

Custom modified vehicle
Used motor vehicle is:
- Seven years or older from the model date
- Has over 100,000 miles
- Must be sold at $2,500 or less

The bill also states that that an “as is” sale of a used motor vehicle waives implied warranties but does not waive any express warranties. The Committee unanimously approved the bill, and will be referred to the Committee on Finance.

The Committee also discussed Senate Bill 538 which would authorize the design-build program to be used for projects financed with bonds under authority of the Roads to Prosperity Amendment of 2017 with an obligation limitation of $350 million per project. The bill passed the Committee unanimously, and will be reported to the full Senate to be voted upon.

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House Finance Advances Pay Raise Bill

House Committee

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February 20, 2019

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The House Finance Committee advanced a bill that would provide an average 5 percent pay raise to State Police, teachers, and school service personnel.

The committee advanced House Bill 2730 in its Wednesday meeting. Later that day, the House took up the pay raise bill for immediate consideration and advanced the bill to second reading.

A public hearing is scheduled for Friday at 8 a.m. in the House Chamber regarding this bill.

The Finance Committee additionally took up and advanced two originating bills. One bill would create a Personal Income Tax Reduction Fund. The bill proposed an incremental reduction of personal income tax rates by 0.5 percent if certain conditions are met.

Another originating bill advanced out of committee would allow the West Virginia Department of Health and Human Resources to submit a waiver application to the Centers for Medicare and Medicaid Services to require certain able-bodied adults who receive Medicaid benefits to be employed or participate in a volunteer program for at least 20 hours a week.

Some delegates including Larry Rowe, D-Kanawha, voiced their concerns with the bill. Rowe’s biggest concern was that the bill would roll back Medicaid expansion. Rowe also was concerned about the effect the bill could have on local hospitals.

“This would make ineligible the majority of 150,000 people that Medicaid was expanded to cover,” Rowe said.

Delegate Joe Ellington, R-Mercer, supported the bill. Ellington told the committee it could take up to 18 months for the waiver to come through.

“This program will try to get people back into doing something productive so we can take them out of Medicaid,” Ellington said. “Expansion is not guaranteed forever. It can fail. If it fails, we have people who are not able to take care of themselves. If people work already, they will not be penalized. They can continue their education or volunteer.”

The bill was advanced to the House floor in a 14-9 vote.

The committee rejected a bill that would have extended the maximum period of confinement a judge could impose for certain first-time probationary violations.

The committee substitute would have increased the maximum period of confinement a judge could impose for certain first-time probationary violations from 60 days to six months and would have provided judges greater sentencing discretion for certain subsequent probation violations.

House Bill 2109 was reported to the Finance Committee on third reading. However, committee members rejected a motion to report the bill to the floor.

Judiciary Committee Rejects Bill Relating to Possession of Firearms

House Committee

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February 20, 2019

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The Judiciary Committee took up House Bill 3069 which relates to the right of certain persons to limit possession of firearms on premises.

This bill attempts to place in Code language borrowed from Texas, relating to securing firearms in cars at chemical plants and refineries. This effectively bars firearms in automobiles which are parked within the secured perimeter of such facilities. The committee spent time asking questions to speakers and to counsel to understand the bill fully, but ultimately it was rejected.

House Bill 3133 relates to requiring a parolee or probationer found to have suffered with addiction to participate in a support service. The bill seeks to require persons on probation or parole to participate in a support service for a minimum of 60 days. The bill will be reported to the House.

House Bill 2229 adds violations of law upon which a public servants retirement plan may be forfeited. The purpose of the bill is to redefine a public servants “less than honorable service” by identifying certain misdemeanor offenses related to a public servants office or committed while the public servant is employed that could cause the forfeiture of a participants retirement plan. The bill will reported to the House.

House Bill 2690 relates to guaranty associations. The bill seeks to update an article to maintain consistency with the National Association of Insurance Commissioners Life and Health Insurance Guaranty Association Model Act. The bill amends two provisions and will be reported to the House.

House Bill 2802 relates to Uniform Partition of Heirs Property Act. This bill seeks to prevent family wealth passed down through generations from being acquired by outside investors without first providing the family an opportunity to keep the land within their ownership and control. The committee asked multiple questions and after much discussion they finally passed the bill to be reported to the House.

House Bill 2718 requires purchasers of round wood to collect and maintain certain information. It provides that it is unlawful for any person or entity to purchase round wood without obtaining and recording certain information. This includes a photocopy of a valid license or timber license exemption issued by the Division of Forestry to the seller delivering the round wood, name and address of seller, and a complete description of the round wood purchased.

The bill was amended to take out “any person or entity” and replaced with “commercial purchaser.” The bill will be reported to the House.

House Bill 2864 increases salaries of magistrates, supreme court justices, circuit court judges and family court judges. The last pay raise for this group was in 2011. The committee substitute capped the salary of the Supreme Court Justices at $150,000.000 per year. The bill will be reported to the House.

House Bill 2497 relates to the whistle-blower law. The purpose of this bill is to extend or clarify protections under the states whistle-law. The bill places in Code language which provides additional protections to whistle-blowers and new protective language. The bill was reported to the House.

House Bill 2441 removes certain requirements related to wages for construction of public improvements. This bill removes the requirement that a public authority or employer file with the Division of Labor a certified payroll with respect to public improvements. The bill does require, though, that public authorities or employers file the physical address of employees. The bill was reported to the House.

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House Education Committee Discusses Community College Bill

House Committee

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February 20, 2019

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The House Education Committee met at 9 a.m. and then again at 2:30 p.m. today, Feb. 20, in 434-M. Two substantial education bills were on the agenda, both of which were discussed heavily. One of the bills was Senate Bill 1, a bill to increase access to the state’s community and technical schools.

Senate Bill 1 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 Education proposed a strike and insert amendment to the version of Senate Bill 1 at the beginning of the committee meeting that made several key changes to Senate Bill 1. These changes would include 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.

The Chancellor of the Council for Community and Technical College Education, Sarah Tucker, was present to testify to the committee on behalf of Senate Bill 1.

“Students aren’t going to college because they’re scared of cost,” Tucker said. “These programs we put students through guarantee jobs. We start and stop programs based on workforce need.”

The delegates agreed that getting jobs for West Virginians in underserved industries was a necessity, but several were concerned with the implications the bill would have on four year schools.

After lengthy discussion, Senate Bill 1 was ultimately postponed. The House Education Committee will continue to consider the bill at their meeting tomorrow.

House Bill 3127 was also discussed at length on this day, and ultimately tabled for tomorrow as well.

House Bill 3127 would prohibit the denial of enrollment for home-schooled students to participate in secondary school extracurricular activities. Current statute allows home-schooled students to participate in curricular activities such as AP courses in high schools, but this bill would add the option for these students to participate in extracurricular activities as well.

The House Education Committee will continue their discussions of Senate Bill 1 and House Bill 3127 at 9 a.m. tomorrow, Feb. 21, in 434-M.