Blog – Page 142

Supplemental Appropriations Pass Finance

House Committee

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February 7, 2019

A number of supplemental appropriations passed out of the Senate Finance Committee at a 9:30 a.m. meeting Monday.

Following approval of minutes, committee members reviewed Senate Bills 442, 443, 444 and 445, and motioned to report all bills to the full Senate with the recommendation that they each pass.

Senate Bill 442, which would supplement, amend and decrease appropriation to the Insurance Commission, would grant the commission spending authority to move $10,000 out of their current expenses and implement it into personal services and employee benefits. This authority would also allow the Insurance Commission to enhance implementation and planning for federal market reform and consumer protections.

Bill 443, a supplemental appropriation of federal money to the Department of Health and Human Resources divisions, would give the DHHR spending authority for three different line items in their federal revenue budget. Requests would include $1.4 million to fund the Division of Health’s community and mental health services, $200,000 for the Energy Assistance Program and $13 million for the Childcare and Development Program.

Supplemental appropriation to DHHR divisions, SB444, would allow the DHHR to utilize funds from their special revenue budget and make two request— $872,000 for the Office of Laboratory Services and $885,000 for the Division of Health’s West Virginia Birth to Three fund.

Senate Bill 445 would increase spending for the Second Chance Driver’s License Program, an initiative which helps citizens attain their license following removal due to unpaid court costs.

House Education Committee Outlines Changes to Senate’s Education Bill

House Committee

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February 6, 2019

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The House Education Committee went over a strike-and-insert amendment proposed to a Senate education bill.

The Senate passed the bill earlier this week following many days of debate and deliberation. The measure introduces public charter schools, Education Savings Accounts (ESAs), a $250 tax credit for teachers buying supplies, a 5 percent pay increase to teachers and service personnel, and a $500 bonus for teachers who miss less than 10 days during an academic year.

Charter schools would be open in any school district and are opt-in. Education Savings Accounts would be open for 2,500 students who attend public charter schools in the state.

The strike-and-insert proposed several changes to the version passed out of the Senate. Some of the proposed changes included limiting the amount of charter schools established to six, removed virtual charter schools from the bill, and changed the implementation date to July 1, 2020. The strike-and-insert also proposed limiting ESAs to families of students with special needs.

The proposed tax credit was expanded to include service personnel.

The strike-and-insert also added a severability clause.

The proposed new version also changed the section related to payment during work stoppages, withholding pay during the stoppage but paying after all days are made up.

The strike-and-insert includes the proposed pay raises.

The proposed new version also removed a provision that would require unions to get written permission from members before they could spend membership dues on political causes.

In the afternoon meeting, counsel outlined technical changes to the strike-and-insert. Some of the technical changes included changing the language to say that the $250 tax credit would apply to teachers and service personnel in public schools and for comparable positions in private schools. Counsel noted that not all positions in private schools would perfectly match up to those in public schools.

After a few hours of questioning committee counsel, the committee adjourned until 9 a.m. Thursday.

Judiciary Committee Passes Seven Bills

House Committee

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February 6, 2019

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The House Judiciary Committee met Wednesday advancing several bills.

One of the bills the committee advanced was House Bill 2609, which relates to presumptions of abandonment and indication of ownership in property. Currently, financial organizations are required to file an annual report with the State Treasurer concerning property that is presumed abandoned. Currently, this report must contain information about demand, savings or time deposits five years after the last indication by the owner of interest in the property.

This bill seeks to prevent unnecessary reporting and administrative costs associated with reporting of accounts held by a financial organization for active customers of the financial organization.

The committee advanced the bill to the House floor.

Senate Bill 18 relates to crimes committed on State Capitol Complex. This bill would remove the requirement that a person must have a valid concealed handgun license to lawfully keep a firearm in their vehicle on the Capitol grounds. The Senate committee substitute states that a person who may otherwise lawfully possess a firearm may keep a firearm in his or her vehicle if locked and out of view.

This bill was passed by the committee and reported to the House.

Senate Bill 61 adds certain crimes for which prosecutors may apply for wiretap. Under current law, a prosecutor may apply for a wiretap upon a showing of reasonable cause to believe the wiretap would provide evidence under six crimes. These are kidnapping, aiding the escape of a detainee, violations of the controlled substances act, human trafficking, treason and participation in an organized criminal enterprise. This bill also permits prosecutors to apply for wiretaps in extortion investigations.

There was one amendment made to the bill that removed the provision “attempted extortion” as a permissible crime for wiretap. The committee then passed the bill as amended and reported it to the House.

House Bill 2109 extends the maximum period of confinement a judge may impose for certain, first-time probationary violations. The purpose of this bill is to extend the maximum period of confinement a judge may impose for certain, first-time probationary violations form 60 days to six months. For subsequent violations, the judge receives greater sentencing discretion than provided currently. The bill passed the committee and was reported to the House.

House Bill 2720 authorizes certain investigators and first responders to carry firearms. This bill allows the West Virginia Attorney General’s investigators, reserve deputies, firefighters and ambulance personnel to carry firearms upon completion of a firearms training and certification program and they must maintain certification in a manner which is equivalent to that which is required of members of the State Police.

The agency of which the individual is a member may, if the so elect, authorize reimbursement of personnel for the cost of such training, but is not required to do so. It incorporates the training requirements for reserve deputies as adopted by Judiciary previously.

The bill passed the committee and will be reported to the House.

House Bill 2618 refers to including undue influence as a factor in the definition of financial exploitation of an elderly person or protected person. This bill amends both the civil and criminal actions for financial exploitation of an incapacitated person, elderly person or protected person to expand the definition of financial exploitation to include the use of undue influence resulting in financial or asset loss or disadvantage.

There were four amendments made to the bill that included language changes and the bill was then passed by the committee and reported to the House.

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Judiciary Committee Cracks Down on Hazing, Addresses DMV Problems

Senate Committee

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February 6, 2019

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The Senate Committee on the Judiciary met Wednesday afternoon, and discussed three bills on the agenda.

Senate Bill 440 relates to anti-hazing. The bill would modify the definition of “hazing” in the Anti-Hazing Law to address any type of organization whose members include students at any public or private institution of higher education. The bill was introduced because of the five fraternities at West Virginia University that disassociated themselves from the University in 2018. WVU responded by banning the five fraternities from the University for the next ten years.

Senate Bill 491 relates to a voter registration through the Division of Motor Vehicles. In 2016, a law required the Division of Motor Vehicles (DMV) update its systems to do automated voter registration. The effective date has been pushed back to July 1, 2019. The proposed bill would extend the deadline to July 1, 2020 so the DMV, Department of Transportation (DOT), and Secretary of State can update their systems entirely to comply with previous legislation.

House Bill 2459 would give the state of West Virginia the authority to opt out of a federal statue regarding the Supplemental Nutritional Assistance Program (SNAP). Federal law states people who have been convicted for a drug possession cannot receive SNAP benefits. West Virginia is one of only three states that comply with the 1996 federal statute.

The Committee approved all three bills, and were reported to the full Senate to be voted upon.

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The House Committee on Government Organization Advances Bill to Regulate Annexing

House Committee

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February 6, 2019

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The House Committee on Government Organization convened at 9 a.m. in 215-E and then 2 p.m. to continue the posted agenda in 434-M. The committee met to discuss three pieces of legislation, all of which passed through committee.

House Bill 2699 would add a restriction requiring that the land area annexed by municipal annexation by minor boundary adjustment shall include that 50 percent or more of the land area annexed is occupied residential.

The bill generated some discussion as to how restrictive it would be to county commissions in terms of annexing certain property, or if it would add too much bureaucracy to the existing process. After limited debate, the bill passed through the Committee and was advanced to the House Committee on the Judiciary.

Another bill, House Bill 2708, was also moved to the House Committee on the Judiciary. This bill would create the Local Government Labor and Consumer Marketing Regulatory Limitation Act. The bill prohibits political subdivisions from enacting any ordinance, regulation, local policy, local resolution or other legal requirements regulating certain areas of employer-employee relationship and the sale or marketing of consumer merchandise.

This bill seeks to restrict the prohibition of certain material such as plastic containers, bags, and other similar consumer merchandise. The bill also prohibits a political subdivision from increasing the minimum wage in a job, job applications, how employees organize, and how hours and scheduling are handled. All employer-employee relationships would be subject to state statute, and no law regarding these items passed by a political subdivision would be considered valid.

Delegate Tony Paynter, R-Wyoming, proposed an amendment to strike some of the language, therefore giving local municipalities more control at the local as to handling regulations.

The bill passed as amended and was advanced to the House Committee on the Judiciary.

House Bill 2330 was also passed and advanced to the House Floor, which would allow for the licensure of military personnel in certain technical fields. If a service member obtains a MOS related to the fields of plumbing, HVAC operation, or fire safety installation, they can also opt to take the examination for state licensure without going through additional state training.

Pensions Committee Reviews Pensions Bill

House Committee

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February 6, 2019

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Senate Bill 316 was highly discussed by the Senate Pensions Committee, 2 p.m. Wednesday, Feb. 6.

The proposed legislation would preserve previously approved state Municipal Policemen’s or Firemen’s pensions. Blair Taylor, executive director of the West Virginia Municipal Pensions Oversight Board, came before the committee to address concerns surrounding increased pensions plans for police officers and firefighters.

According to Taylor, pensions may raise to 75 percent once a police officer or firefighter completes 30 years of service.

The director also addressed questions pertaining to the calculations of pensions and explained that following the passage of House Bill 2601, the oversight board doesn’t calculate pensions. Passage of the House Bill prompted the local board in Morgantown to contact the Attorney General to ask if the legislation was retroactive. Ultimately, it was indicated that local boards needed to address and correct any pensions that were incorrectly paid.

Following review of the bill, committee members voted to report 316 to the full Senate but first be referenced to the committee on finance.

Of the other three pieces of legislation, Senate Bill 38, which exempts DNR police officers’ pension benefits from state income tax, was under reconsideration. Attention was drawn back to the bill following rising concerns regarding litigation. The bill was tabled following a motion moved Romano.

Finally, Senate Bill 26, which would permit certain employees of educational service cooperatives participate in state’s teacher retirement systems, received a committee substitute. Senate Bill 341, which would establish a minimum monthly retirement annuity for retirants with 20 or more years of service, received an amendment by Sen. Mike Azinger, R-Wood. Both bills were reported to the full Senate.

House of Delegates Passes Bill to Address WV’s Orphaned Well Issue

House Committee

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February 6, 2019

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The House of Delegates convened at 11 am on Wednesday, Feb 6 in the House Chamber to consider legislation. The House passed four bills that were on third reading this day, one of which was a bill to address the state’s overabundance of abandoned gas and oil wells.

House Bill 2779 is a bill that would transfer unclaimed funds produced from abandoned oil and gas wells to the WV Oil and Gas Reclamation Fund. If an oil/gas well remains unclaimed for seven years, the proceeds from that well will go to the state fund, which works to plug orphaned and nonfunctioning oil and gas wells throughout the state.

The bill aims to solve the issue of the surplus of abandoned wells in the state by providing more funds for the state to plug them. The bill passed unanimously through the House, and was advanced to the Senate for further consideration.

Other bills that were passed today included House Bill 2363, which would authorize the length that the Upper Kanawha Valley Resiliency and Revitilization Program to be extended to the end of October 2024 instead of 2020. The program is required to report its findings and accomplishments to the Legislature every October until then. This program is an effort to revitalize the upper areas of the Kanawha Valley, an area that has been economically struggling since the closure of a community college within the region.

House Bill 2490 is a bill that would allow public pools in the state to make small renovations and improvements without consulting the Secretary of the Department of Health and Human Resources. The bill would also prevent the Secretary from proposing or enforcing any rules which prevent recreational water facilities from making necessary upgrades, renovations, or repairs. These renovations could not exceed $25,000. This bill also passed through the House unanimously.

House Bill 2691 also passed easily through the House and was advanced to the Senate for further consideration.

This bill would change the expiration dates for newly issued concealed carry permits in the state of WV. Instead of the expiration of these permits occurring five years to the date of application, this bill would mandate that the expiration occurs on the applicant’s birthday after the permit has been active for five years. This would ensure simplicity as to when the licenses expire, and aligns the expiry of concealed carry licenses with state drivers’ licenses expiration dates.

These four bills passed through the House, and several bills moved through their second readings without amendments. These bills included Senate Bill 324, House Bill 2204, House Bill 2479, House Bill 2481, House Bill 2608, and House Bill 2606.

Senate Bill 240, another bill that was on second reading, was postponed until the next House Floor Session.

The House adjourned until 11 a.m. tomorrow, Thursday, February 7.

House Committees Meeting Today After Floor Session:

The House Committee on Veterans Affairs and Homeland Security will meet at 1 p.m. in 434-M.

The House Committee on Government Organization will continue their posted agenda at 2 p.m. in 434-M.

The House Committee on the Judiciary will continue their posted agenda at 2 p.m. in 410-M.

The House Committee on Education will meet at 3 p.m. in 215-E.

House Committees Meeting Tomorrow Before Floor Session:

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

The House Committee on Small Business, Entrepreneurship, and Economic Development will meet at 9 a.m. in 434-M.

The House Committee on Banking and Insurance will meet 10 a.m. in 434-M.

Senate Sends Seven Bills to the House of Delegates

Senate Floor Session

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February 6, 2019

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The Senate held regular floor session on Wednesday to discuss seven bills.

Senate Bill 154 would require county boards of education to allow school facilities in the county to be used for the funeral or memorial service of a community member of distinction who was a military service member, veteran who served under honorable conditions, or who served as a first responder.

Senate Bill 157 is a part of Rules Bundle 2 which includes three rules. The bill would allow a vendor contracts to be cancelled if it was awarded in error.

Senate Bill 175 is a part of Rules Bundle 5 and includes nine rules. The bill would set out the process for exchange of data from various entities with the Office of Drug Control Policy. The information would be uploaded to a database on fatal and non-fatal overdoses.

Senate Bill 267 would require the State Board adopt a policy detailing the appropriate level of computer science instruction to be available to students at each level.

Senate Bill 387 would authorize the Governor seek return of fugitives found in other states or District of Columbia.

Senate Bill 392 would allow the Division of Corrections and Rehabilitation to pay contract claims that are not otherwise provided for.

House Bill 2462 would allow correctional employees to carry firearms if they:

Successfully completes approved training program for firearms certification equivalent to Deputy Sheriffs
Completes annual firearms course equivalent to certified law enforcement

Senate Bills 533 to 541 were also introduced.

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

The following committees will meet today:

Economic Development at 1 p.m. in 208W

Pensions at 2 p.m. in 451M

Agriculture at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

The following committees will meet tomorrow:

Finance at 9:30 a.m. in 451M

Natural Resources at 10 a.m. in 208W

Health at 1 p.m. in 451M

Education at 2 p.m. in 451M

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Judiciary Committee Approves Proposed Constitutional Amendment

Senate Committee

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February 5, 2019

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The Senate Committee on the Judiciary met Tuesday afternoon to discuss one joint resolution and two bills on the agenda.

For two days, committee members had long discussions over Senate Joint Resolution 5.

Senate Joint Resolution 5 would amend Article IV of the West Virginia State Constitution. It would clarify that courts have no authority or jurisdiction to interfere with impeachment proceedings of the House of Delegates or the Senate, and that a judgment rendered by the Senate following an impeachment trial is not reviewable in any court in the state. The Committee approved the Resolution, and it was referred to the Committee on Finance.

Senate Bill 317 would authorize three or more contiguous counties to form a multi-county trail network authority. The legislation would allow multi-county trail network authorities to incorporate private land into authority-managed trail systems. Each authority would be governed by a board, and would include and executive director. The director would be required to submit an annual budget.

Senate Bill 408 would clarify who has the authority to make determinations of indigency for the purpose of eligibility for public defender services. Administrators or Public Defender employees would make the determination.

Both bills were reported to the Senate to be voted upon.

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House Health and Human Resources Committee Discusses Controlled Substances

House Committee

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February 5, 2019

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The House Committee on Health and Human Resources had a consideration of two pieces of legislation, one of which being an originating bill to update the list of Schedule I drugs in the state of West Virginia.

The originating bill aims to add a number of designer drugs to the state list of Schedule I drugs. Schedule I is a category of drugs designated by the DEA for having no medicinal properties and for having a severe risk for abuse.

The bill in its original form generated little contention, but a series of amendments proposed by Delegate Mike Pushkin, D-Kanawha, and Delegate Mick Bates, D-Raleigh, generated a lengthy discussion.

Delegate Pushkin moved to amend the bill, arguing to move the “cannabis” and “marihuana” referred to in the legislation from Schedule I to Schedule IV.

The amendment was ultimately overruled by the chairman, Delegate Joe Ellington, R- Mercer. The argument was that the amendment was not germane to the proposed legislation, as the originating bill only seeks to amend the Schedule I list and there was no mechanism to move any of the items to Schedule

Delegate Pushkin addressed this by introducing another amendment to completely remove marijuana from the list of Schedule I drugs, arguing that if he “couldn’t reschedule it, he would de-schedule it.”

“In the 1970’s, a mistake was made by adding this drug onto the list of Schedule I drugs,” Pushkin said. “This body voted last year that this drug has medicinal properties, let’s follow through on that. By passing this, we can send the message that this drug never belonged here in the first place.” Pushkin said.

The amendment ultimately failed in a 13-10 vote.

An amendment to the originating bill did pass through the Health and Human Resources, an amendment that would update the language in the code in reference to marijuana.

Delegate Mick Bates moved to amend the bill by changing the references to “marihuana” to instead read “marijuana, sp. (cannabis)” in the code, therefore mirroring the federal DEA regulations.

The originating bill, sponsored by the House Health and Human Resources Committee, was voted to be advanced to the House Floor with recommendation that it pass as amended.

“Thank you for allowing us to have this consideration,” Pushkin said in closing remarks. “A lot of people in the state are honestly using this plant already, so we have a lot of work to do in the future. We need to educate ourselves on this, and be prepared to continue discussing this.”

The Committee also had a consideration of House Bill 2583, a bill that would permit a pharmacist to dispense a self-administered hormonal contraceptive under a standing prescription drug order. The proposed legislation would create an opt-in program, where pharmacists could voluntarily dispense a 12-month supply of hormonal birth control. Pharmacists who wish to opt into this program must receive training and administer the proper counseling to patients who seek to receive the contraceptive drug.

The House Committee on Health and Human Resources voted unanimously to advance this bill to the House Floor with the recommendation that it pass.