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Senate EIM Committee Sends Originating Bill to the Senate Floor

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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

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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

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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

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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

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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

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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

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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. 

Senate Passes Court of Appeals Bill

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The Senate met Monday morning to vote on eight different bills that were on third reading, which included Senate Bill 266.

The proposed legislation would create the West Virginia Intermediate Court of Appeals. It would just be one court of appeals instead of the proposed two in past years. The panel would consist of three judges, and the court would have appellate jurisdiction over the following decisions:

  • Final orders or decisions of a circuit court in a civil case
  • Final orders or decisions of a family court
  • Final orders or decisions of an administrative agency, currently appealable to the circuit court of Kanawha County
  • Final orders or decisions of the Workers’ Compensation Board of Review
  • Final orders and decisions in guardianship and conservatorship cases.

The court would have no original jurisdiction and is expressly without appellate jurisdiction over:

  • Any criminal matter
  • Any juvenile proceeding
  • Decisions or orders in child abuse and neglect decisions
  • Mental hygiene orders or decisions
  • Interlocutory appeals
  • Decisions or orders in cases involving challenges to election practices
  • Decisions or orders of the Public Service Commission
  • Certified questions from circuit or federal courts
  • Extraordinary remedies

The bill narrowly passes the Senate by a vote of 17 -16, and will be reported to the House.

The Senate also passed House Bill 2481, which would permit the retail selling on Sundays from 1 p.m. to midnight.

The following bills were also passed by the Senate:

Senate bills 637 to 663 were also introduced.

The Senate is in recess until 2:30 p.m.

The following committees will meet today:

Natural Resources at 1:30 p.m. in 208W

Banking at 2 p.m. in 451M

Finance at 3 p.m. in 451M

The following committees will meet tomorrow:

Transportation at 10 a.m. in 451M

Military at 10 a.m. in 208W

Health at 1 p.m. in 451M

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House of Delegates Convenes to Pass Three Bills, Memorialize a Former Delegate

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The House of Delegates convened at 11 a.m. on Monday, Feb. 18 for the 41st day of the regular legislative session. On this day, the House passed three bills on third reading and adopted a resolution to memorialize Mary Pearl Compton, a former Delegate.

The late Mary Pearl Compton was honored by the reading of House Resolution 15. This resolution was adopted and presented to Compton’s family. Compton was a former member of the House of Delegates, a teacher in Monroe and Greenbrier counties, and an active community member. She was honored for being an advocate for her community, as well as a dedicated public servant.

Three bills on third reading were passed on this day in the House. House Bill 2768 was passed unanimously. This bill would make technical changes to the 2018 Opioid Reduction Act passed by the WV Legislature last year, as well as address inconsistencies with how therapy services in the state administer Schedule II opioid drugs. The bill would also ensure compliance with federal code.

House Bill 2834 was also passed in the House on this day. This bill would modernize the minimum spacing provisions for the drilling of state horizontal deep wells. The bill would impose limitations for what the Oil and Gas Conservation Commission can do as far as regulation of these horizontal oil and gas wells.

“We really want to maximize the recovery of natural oil and gas in the state,” Delegate Bill Anderson, R-Wood said.

House Bill 2849 would define the scope in which a nuclear pharmacy technician can operate. It defines the nuclear pharmacy technician’s certificate and specifies the duties each category of pharmacy technician is permitted to perform under supervision of a licensed pharmacist. This bill was also passed and advanced.

Senate Bill 377 was on second reading on this day, a bill that was postponed for two previous floor sessions.

A highly discussed amendment proposed by Delegate Chad Lovejoy, D-Cabell, ultimately failed on this day after heavy debate. The amendment would have required non-profit shelter shops serving severely disabled West Virginians to be paid minimum wage.

The Judiciary Committee amendment that served to clean up the language of Senate Bill 377 was passed, and the bill was advanced as amended.

All other bills on second reading, House Bill 2449, House Bill 2542, and House Bill 2947 were advanced without amendment.

The House of Delegates is in recess until 4 p.m. today, Monday, February 18.

 

House Committees Meeting After Floor Session Today:

  • The House Committee on Finance will meet at 2 p.m. in 460-M.
  • The House Committee on the Judiciary will meet at 2:30 p.m. in 418-M to continue their posted agenda.
  • The House Committee on Education will meet at 2:30 p.m. in 434-M to continue their posted agenda.

House Committees Meeting Before Floor Session Tomorrow:

  • The House Committee on Finance will meet at 9 a.m. tomorrow in 460-M.
  • The House Committee on Education will meet at 9 a.m. tomorrow in 434-M.
  • The House Committee on the Judiciary will meet at 9:30 a.m. tomorrow in 418-M.

 

Judiciary Committee Passes Bill Relating to Child Custody Matters

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Judiciary Committee reviews House Bill 3039 which relates to a courts consideration of the expression of a preference by a child in certain child custody matters.

The bill expands the courts consideration of the expression of a preference by children in certain child custody mattes by removing language giving priority to preferences of 14 year old children. Currently, when making a decision about the allocation of custodial responsibility, a factor to be considered is to accommodate the firm and reasonable preferences of a child who is 14 years of age or older and with regard to a child younger than 14, the child must be sufficiently matured that he or she can intelligently express a voluntary preference for one parent.  The bill was reported to the house.

Senate Bill 361 relates generally to Public Defender Services. This bill is actually a hybrid bill that also encompasses Senate Bill 103. The bill seeks to authorize Public Defender Services to establish and operate a habeas division. The bill was reported to the house, but will be referred to the Finance committee.

House Bill 2975 relates to the imposition of sexual acts on persons incarcerated. The bill includes employees and contract employees of a day report center to those prohibited from engaging in sexual acts with those persons under their supervision. 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 will be reported to the House.

House Bill 2901 allows for the establishment of a secondary location for racetrack video lottery terminals. The purpose of this bill is to 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. The bill will be reported to the House, but will be referred to the Finance committee.

House Bill 2980 is the Mine Trespass Act. The purpose of this bill is to create the Mine Trespass Act and establish misdemeanor and felony offenses for the trespass. The bill sets out findings and creates a new offense of mine trespass. The first offense is a misdemeanor, and subsequent offenses are felonies with increasing penalties. Certified coal miners who commit the act lose their license upon conviction.

Additional graduated penalties are provided for persons who commit the offense and cause the injury or death of others. The bill provides a hold harmless clause providing no person or entity may be held liable for the death of a trespasser, and provides there is no responsibility to effect a rescue in hazardous conditions. Finally, the bill relieves mine owners and rescuers of liability for environmental regulation violations occurring from rescue efforts. The bill will be reported to the House.

House Bill 2933 modifies the criminal penalties imposed on a parent, guardian or custodian for child abuse resulting in injury. This bill increases the penalty for abuse resulting in bodily or serious bodily injury; removes the crime of “abuse or neglect causing substantial risk of bodily injury”; and provides for enhanced penalties for subsequent offenses of “abuse causing substantial risk of serious bodily injury”; milder penalties for repeat offenses of “neglect causing substantial risk of serious bodily injury.” The bill will be reported to the House.

House Bill 2907 requires a form of a certified commitment order to the Division of Corrections and Rehabilitation. The bill seeks to amend the commitment order for felons to reflect the accurate distribution of costs and to create a form order for the commitment of convicted misdemeanants to the custody of the Division of Corrections and Rehabilitation. The bill will be reported to the House.

House Bill 2872 authorizes law-enforcement officers to assist the State Fire Marshal. This bill authorizes any state police officer, natural resources police officer, or any county or municipal law-enforcement officer to assist the State Fire Marshal or any of his or her employees authorized to enforce the provisions of this section in any duties for which the State Fire Marshal has jurisdiction. Additionally, it provides for the authorization of the state fire marshal, any full time deputy fire marshal, or any full-time assistant fire marshal employed by the state fire marshal to carry a firearm in the course of official duties. The bill will be reported to the House.

Senate Bill 387 relates generally to extradition. This bill authorizes the Governor seek return of fugitives found in other states or District of Columbia. The bill will be reported to the House.

Senate Bill 373 relates to financial responsibility of inmates. The purpose of this bill is to allow the Division of Corrections to withhold monies received by inmates form court judgments and civil settlements even if an awarding court fails to deduct such obligates monies form the initial award. The bill also includes settlements as well as judgments. The bill will be reported to the House.

Senate Bill 358 relates to exempting purchasing division purchases for equipment to maintain security at state facilities. The purpose of this bill is provide the DPS (a division of the Department of Military Affairs and Public Safety (DMAPS)) a limited exemption from the requirement to purchase goods through the Purchasing Division of the Department of Administration. The exemption would apply only to “equipment necessary to maintain security at the Capitol Complex and other state facilities” as may be determined by the Secretary of DMAPS. The bill will be reported to the House.

Senate Bill 356 authorizes Division of Corrections and rehabilitation to release certain information to county prosecutors and US attorneys. The purpose of this bill is to require the Department of Military Affairs and Public Safety to release certain information to county prosecutors of this state and United States Attorneys which are required for the prosecution of a criminal action. The bill will be reported to the House.

House Bill 3083 adds temporary work during the legislative session as exclusion to the term employment for purposes of unemployment compensation. This bill will be reported to the House.

House Bill 2931, clarifying that the State Lottery Commission has no authority over non lottery games was appointed to a subcommittee due to much confusion over the bill.

House Bill 2966 is the County Budget Flexibility Act. This bill authorizes county commissions to create a Future Needs Fund for the purpose of depositing unused moneys at the end of a fiscal year. The bill provides that funds deposited into a Future Needs Fund may only be used for purposes otherwise permitted in code during the next fiscal year or future fiscal years. The bill will be reported to the House.

Senate Bill 270, streamlining process for utilities access to DOH rights-of-way. This is a follow up to the broadband bills passed last year, Senate Bill 445 and House Bill 4447. After their passage last year there have been many interested stakeholders in broadband and the rights of way. There was then a determination by the governor to not charge companies so that our main focus can just be on the expansion of broadband. The bill will be reported to the House.

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