Blog – Page 135

Higher Ed Testing Bill Passes Out of Education

Senate Committee

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February 19, 2019

A bill relating to the administration of ACT and SAT tests to the state’s 11th grade students came before Senate Education Tuesday.

Following consideration of Senate Bill 624 members motioned to report the proposed legislation to the full Senate with the recommendation that it shall pass. Associate State Superintendent of Schools, Clayton Burch, also came before the committee to answer questions concerning the bill.

Sen. Richard Plymale, D-Wayne, opened discussion by asking how the proposed legislation would impact the state’s implementation of the Students Succeed Act. Burch explained that in addition to providing another way to tests students, the bill would also give local county boards the ability to request for another test to be implemented in the district.

According to Burch, the ACT is currently the most common test among students in West Virginia but if the SAT were to be implemented in a district, the state could still extract vital data from either test scores. Looking to the future, Burch stated that the ultimate goal of the legislation is to create a way to better understand the types of classes that grade 11 students should take during their senior year.

Burch also mentioned that both the ACT and SAT had worked very closely with the state and has “jumped through many hoops” to help the counties.

Following discussion of the legislation, Sen. Rollan Roberts, R-Raleigh, closed debate by urging that the bill only allow for one test to be administered.

“I think this is a valuable tool but we should be comparing apples to apples,” Roberts said. “This may hinder out ability to compare results but I like the ability of this bill to raise the bar. I think that’s very important for us.”

Ultimately, the committee substitute which allows for either test was reported to the Senate.

Finance Lays Over Senate Bill

House Committee

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February 19, 2019

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Senate Bill 456 was moved to be laid over following a lengthy discussion in the Senate Finance Committee Tuesday.

The motion arose following committee chair, Sen. Craig Blair, R-Berkeley, expressing confusion over the legislation, which would authorize railroads and commercial watercrafts to claim refundable exemptions from the motor fuel excise tax.

“Right now I’m not satisfied with the testimonies of this committee and don’t want this bill to die,” the committee chair stated. “I would rather have more information before this bill moves any further.”

Before closing, Blair, who is lead sponsor of the bill, addressed representatives from the Tax Division and requested for more individuals to come before the committee and answer questions before the end of the week.

If passed, the bill would remove the exemption refund tax on fuel for railroads and commercial watercrafts, ultimately resulting in a $2.4 million loss for the State Road Fund, a $1.9 million additional exemption for railroads and a $1.5 million increase of commercial watercrafts exemptions.

Prior to the review of SB456, three other pieces of legislation were also reported to the full Senate.

Following the approval of minutes, members reviewed a bill relating to retirement and pension benefits of certain PERS and Teachers Retirement System members who serve in Legislature. If passed, Senate Bill 11 would make two changes on the state’s education retirement system and reduce reduce the amount of service credit a new member of the systems would get.

Currently the bill, which only effects new members, shows a fiscal savings of $1,000 for new members who join the two systems.

Senate Bill 86, which would require county boards to provide free feminine hygiene products in grades six to 12, and Senate Bill 383, which would create the WV Healthy Food Crop Block Grant Program, were quickly reviewed by committee members as well.

House Health Passes DHHR Rule Bundle

House Committee

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February 19, 2019

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The House Health and Human Resources Committee considered three pieces of legislation Tuesday, one of which was a rules bundle.

Notated as Senate Bill 175 on the agenda, Bundle 5 includes nine bills pertinent to legislative rule-making within the Department of Health and Human Services.

The bundle includes:

· Senate Bill 168, relating to the regulation of behavioral health facilities

· Senate Bill 169, relating to the regulation of living facilities residencies

· Senate Bill 170, relating to statutory updates to food establishments

· Senate Bill 171, relating to regulation of food manufacturing facilities

· Senate Bill 172, adding requirements for newborn screenings

· Senate Bill 173, relating to medication assisted treatment

· Senate Bill 174, relating to pain management clinic licensure

· Senate Bill 175, relating to the drug control policy

· Senate Bill 176, relating to Health Care Authority and cooperative agreement approval

The Health and Human Resources Committee passed the bills within the bundle one by one unanimously.

Delegate Margaret Staggers, D-Fayette, proposed an amendment to Senate Bill 172 that would allow contraceptives to be distributed to those patients in need. The amendment passed unanimously.

Senate Bill 168, Senate Bill 169, Senate Bill 170, Senate Bill 171, Senate Bill 172, Senate Bill 173, Senate Bill 174, Senate Bill 175, and Senate Bill 176 were advanced to the House Judiciary Committee for second reference as a bundle.

House Bill 3132 was also considered on this day. This bill would provide that medical providers serving no more than 30 patients would not need to comply with certain legislative rules and only attest to services being provided. House Bill 3132 would also mandate that licensed behavioral health centers providing office-based medication-assisted treatment are exempt from the separate registration process for other office-based medication-assisted treatment programs, and instead only have to attest to their services.

Delegate Matthew Rohrbach, R-Cabell, spoke of the importance of House Bill 3132’s passage for rural West Virginia communities.

“We keep hearing from rural doctors that they simply cannot comply with all of the rules for drug treatment centers,” Rohrbach said. “This bill is an attempt to make it easier on these doctors so they can treat their people. They just want to take care of their people.”

House Bill 3132 was unanimously passed by the House Health and Human Resources Committee and advanced to the House floor with the recommendation that it should pass.

House Bill 2079 was also passed by the committee on this day.

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.

The bill would increase the maximum number of state cannabis growers and processors from 10 to 50. It would increase the increase the maximum number of cannabis dispensers to 165 in the state.

After lengthy discussion concerning the merits of medicinal marijuana, the House Health and Human Resources Committee ultimately advanced House Bill 2079 to the House Judiciary Committee for a second reference.

Senate EIM Committee Sends Originating Bill to the Senate Floor

Senate Committee

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February 19, 2019

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The Senate Committee on Energy, Industry & Mining met Tuesday afternoon to continue discussion over Originating Bill 2 from last the meeting.

The proposed legislation would amend current West Virginia code to provide permitting fees for horizontal oil and gas well drilling in the state. Permit fees would go through the Department of Environmental Protection (DEP). Proceeds from the fees would be cut in half; one half would go to additional staffing for permits at the DEP with a hard cap of $ one million, and the other half would go to funding for plugging orphan wells.

One of the presenters provided information about how the proposed bill would impact the state’s efforts in plugging orphan wells.

Currently, there are 4,000 plus orphan wells in West Virginia, and that number is expected to exceed 10,000 the next 30 years. It costs between $40,000 – $100,000 to plug just one well.

Funding from this bill could range from $2.7 to $4.7 million per year, which would provide enough funding to plug 40 – 70 wells per year. If this legislation becomes law, it would take anywhere between 67 -107 years to fill all of the orphan wells in West Virginia.

After questioning counsel and other speakers, the Committee voted to approve the originating bill. It will be reported to the full Senate to be voted on.

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House Finance Advances Cybersecurity Bill

House Committee

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February 19, 2019

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The House Finance Committee convened at 9 a.m. this Tuesday, February 19 in 460-M to consider legislation. The committee advanced four bills to the House floor by the end of this committee meeting, one of which being a bill to establish a Cybersecurity Office in the state of West Virginia.

House Bill 2452 would establish a cyber security framework within certain state agencies. This bill would allow the West Virginia Office of Technology to establish a Cybersecurity Office within their department to facilitate a software program to strengthen the cyber security checks within state agency devices. This bill would be applied to all state agencies except for institutions of higher education, the county board of education, the WV Legislature, and the WV Judiciary. Agencies would be subject to cyber security risk assessment, adherence to enterprise standards, and plans of action in the event of a cyber-attack.

Joshua Spence, the Chief Technology Officer for the West Virginia Office of Technology, was present to answer questions the committee had pertaining to the legislation.

Spence stated that House Bill 2452 would require an upfront cost of $4.2 million in order to hire consultants and purchase the necessary software, but the cost of the agencies addressing the threats to their devices must be absorbed by the agencies. The Cybersecurity Office would be required to report activity to the WV Legislature.

“The threat is here now,” Spence said. “We have the department; this just gives us more functionality.”

House Bill 2452 was unanimously passed by the House Finance Committee, and was advanced to the House floor with the recommendation that it should pass.

Another bill that was passed by the committee was a bill that would allow the WV Lottery Commission to create satellite locations for wagering. House Bill 2901 would allow a licensed racetrack to establish a secondary location for racetrack video lottery terminals and racetrack table games at a location within the county as approved by the lottery commission.

A concern that was raised within the committee was the lack of language in the bill that put restrictions on the Lottery Commission. There are no provisions included in House Bill 2901 that would limit the commission in terms of placing a satellite location near a school or a church.

Doug Buffington, Assistant Lottery Director of the WV Lottery Commission, addressed the concerns of several of these delegates.

“I believe that if this bill were to pass, the Commission would put these terminals in locations that would be best for everybody,” Buffington said. “We’d be sure to listen to the input of all stakeholders.”

After lengthy discussion, the House Finance Committee voted in affirmation for House Bill 2901. They voted to advance it to the House floor with the recommendation that it pass.

House Bill 2829 was also passed on this day, a bill that would terminate the state severance tax on the extraction of limestone and sandstone starting in 2021. The bill comes with a fiscal note of $1.2 million, but because of the Division of Highways being the largest purchaser of limestone and sandstone in the state, a lot of that cost would be directly funneled back into the state.

The bill was passed unanimously by the committee, and advanced to the House floor with the recommendation that it do pass.

House Bill 2807 was also advanced to the House floor this day. This bill would provide a reducing modification to the West Virginia adjusted gross income of a shareholder of a Subchapter S corporation engaged in banking business in WV.

The House Finance Committee is in recess until 3:30 p.m. today. They will meet in 460-M again to continue consideration of the posted agenda.

Senate Rejects Levy Rate Bill

Senate Floor Session

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February 19, 2019

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Legislation, which relates to the effects on levy rate when appraisal results in tax increase, was rejected by the Senate, 11 a.m. Feb. 19.

Following discussion of Senate Bill 618, the legislation was rejected as a result of a tie in voting. Of the six pieces of legislation that were brought before the body, 618 was the only bill to be rejected.

Senate Bills 19, 117, 147 and 617 were unanimously voted out of the body while Senate Bill 333, which would exempt automobiles 25 years or older from a citizen’s personal property taxes, narrowly passed following debate.

Of the 14 bills on second reading, Senate Bill 512, which would regulate pawnbrokers, and House Bill 2666, which would provide a supplemental appropriation to the Department of Veterans’ Assistance, received amendments while Senate Bill 635 and House Bill 2324 were laid over.

Members also designated Feb. 19, 2019 as Nurses Policy Day through the passage of Senate Resolution 51.

When reviewing unfinished business, Sen. Robert Plymale, D-Wayne, moved to report Senate Concurrent Resolution 38, which would urge support from CSX for the New River Train, to the Committee on Rules. According to the Senator, his intention to move the bill was to allow for the bill to be reviewed prior to a visit from CSX representatives later in the week.

The following committees will meet today:

The Senate Committee for Health and Human Resources will meet at 1p.m in 451M.
The Senate Committee for Energy, industry and Mining will meet at 1 p.m. in 208W.
The Senate Committee for Government Organization will meet at 2 p.m. in 208W.
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 Committee for Transportation and Infrastructure will meet at 9 a.m. in 451M.
The Senate Committee for Government Organization will meet at 9:30 a.m. in 208W.

Judiciary Committee Passes Adult Drug Court Bill

House Committee

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February 19, 2019

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The Judiciary Committee met today to discuss a bill relating to the Adult Drug Court Participation Fund.

House Bill 3057 updates the language of the Adult Drug Court Participation Fund and establishes how the money in the fund is to be used. Currently, expenditures from the Drug Court Participation Fund are not authorized from collections but are to be made in accordance with appropriation.

This was a strike and insert which the committee voted on to become the bill. The committee adopted the strike-and-insert and reported the bill to the floor.

The committee also took up House Bill 3018, which relates to the West Virginia Public Employees Insurance Agency’s reimbursement of air-ambulance providers. The bill sets forth the amount that PEIA will reimburse air ambulance providers for the transportation of individuals covered by its plans. Currently, West Virginia code sets the reimbursement rates for air ambulance services at the Medicare rate. The committee advanced the bill to the House floor.

The committee also took up House Bill 2699, which relates to municipal annexation by minor boundary adjustment. Some delegates expressed confusion on the bill and asked many questions. The committee tabled the bill for these reasons.

The committee advanced House Bill 2540, which prohibits the waste of game animals, game birds or game fish. New code in the bill makes it unlawful for any person to cause through carelessness, neglect or otherwise to let any edible portion of any big game or game fish to go to waste needlessly. The bill also provides that it is unlawful for any person to take any big game and detach or remove from the carcass the head, hide, antlers, tusks, paws, claws, gallbladder, teeth, beards, or spurs only and leave the carcass to waste. The bill will be reported to the House.

The committee rejected House Bill 2646, which would provide a safe harbor for employers to correct underpayment or nonpayment of wages and benefits due to separated employees, this bill was rejected by the committee. After multiple amendments were made and delegates had expressed their concerns and stances the committee rejected the bill.

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Senate Passes Strike and Insert Amendment for Senate Bill 451

Senate Floor Session

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February 18, 2019

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The Senate reconvened at 3 p.m. to receive the House Amendments to Senate Bill 451, which introduces comprehensive education reform for West Virginia.

The Senate then moved to strike the entire House amendment and insert a new amendment to the omnibus education reform bill. The proposed amendment brings back much of the original language that was in the Senate version of the bill with a few changes. Some of the proposed changes include:

Removes non-severability clause
Creates a hard cap of no more than seven charter schools throughout the state
- No more than two per year can be created
- Requires at least one of the seven schools primarily serve an at-risk population
- Charter schools will not sunset
Limits education savings accounts (ESA) to no more than 1,000
- Only students with special needs or victims of bullying are eligible for ESAs
- Funds for ESA accounts to include $3,200 per account
Modifies language allowing counties to base RIF decisions on more than seniority except:
Lists the qualifications and lists seniority first
Adds House’s language requiring a reduction in force of personnel whose last performance evaluation was less than satisfactory before considering other criteria
Adds classroom aides and other service personnel as being eligible for the $250 tax credit
Removes language explicitly requiring pay to be withheld for a work stoppage or strike
Strikes the House amendment of requiring every school to have one resource officer
Increases annual leave for school employees from three to fou4
Drops the House amendment of $1,000 bonus for teachers back to $500

For more information about the differences between the Senate introduced, House amended, and Senate proposed amendment, click here.

UPDATE:

The Senate reconvened at 6 p.m. to finish discussion over the proposed strike and insert amendment. After a long debate across both sides of the aisle, the strike and insert amendment passed by a vote of 18 to 16. Senate Bill 451 will be reported back to the House of Delegates tomorrow.

The Senate is adjourned until tomorrow at 11 a.m.

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House Finance Considers Four Senate Bills

House Committee

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February 18, 2019

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The House Finance Committee met Monday to consider four bills including three Senate supplemental appropriation bills, which were advanced to the House floor.

Senate Bill 444 would increase supplemental appropriations to the Department of Health and Human (DHHR) Resources Laboratory Services Fund by $885,554. It would also increase the supplemental appropriations to the DHHR’s West Virginia Birth-to-Three Fund by $885,554.

A slight technical amendment was passed through the House Finance committee, and the bill was advanced to the House floor.

Senate Bill 443 was another supplemental appropriations bill that was advanced by the committee. This bill would apply to federal block grants in terms of how the state of West Virginia uses them for DHHR’s provided mental health services, childcare, and other miscellaneous items.

Senate Bill 442 was another supplemental appropriations bill that involves the West Virginia Department of Revenue. This bill would allow the Insurance Commissioner to utilize federal block grant money. Senate Bill 442 was also advanced to the House floor.

Senate Bill 13 would restore $11 million to the purse funds for racetrack horses in the racing industry. This bill would restore money that was taken from the purse funds by the state in 2005 to help fund needed worker’s compensation cases.

Phil Reale of the Charles Town Horsemen’s Benevolent and Protective Association spoke in favor of the bill.

“This bill would put money back that would unwind this injustice to these folks who have provided $11 million to the state longer than any other industry,” Reale said.

Senate Bill 13 ultimately passed through the committee with a slight technical amendment.

The House Finance Committee will convene again at 9 a.m. tomorrow in 460-M.

Organ Donation Bill Reported to the Full Senate

Senate Committee

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February 18, 2019

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Members of the Natural Resources Committee reviewed Senate Bill 613, Monday.

Following discussion of the legislation, which would require the Department of Natural Resources to include the election of organ donation on hunting licenses, members voted to report the bill to the full Senate.

President of the Center for Organ Recovery and Education, Susan Stuart, came before the committee to answer questions concerning the bill and to explain the application process to committee members.

Currently there are 115,000 people in the United States who are waiting for an organ transplant. Of those, 20 people die every day.

According to Stuart, is passed, this legislation would allow for the state to adequately assist those who need an organ transplant. When compared to the national average, West Virginia is 20 percent lower than the national designation rate for lifesaving organs.

Senate Bill 517, which allows an owner or lessee to sell crop damage was also reported to the full Senate while Senate Bill 572, which prohibits a county assessor from reclassifying managed timberland property, was laid over due to a lack of time.