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Finance Reports Six Bills to Full Senate

Senate Committee

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February 5, 2019

The Senate Finance Committee reviewed multiple pieces of legislation, 3 p.m. Tuesday, Feb. 5.

Of the seven bills on the agenda, five were received from the Senate while two were retrieved from the House. In total, six of the bills were reported to the full Senate with the recommendation that they each pass.

While Senate Bills 13, 14, 19 and 499 were reported to the full Senate, Senate Bill 147, which would shift funding from the Landfill Closure Assistance Fund to local solid waste authorities, was laid over. The decision to lay over the bill followed Sen. Robert Plymale, D-Wayne, raising concern over whether or not the potential legislation could jeopardize existing landfill plans from counties.

Senate Bill 19, which relates to the Senior Farmers Market Nutrition Program, received a committee substitute.

Committee members also reviewed House Bill 2191, which relates to limited video lottery, and House Bill 2307 which relates to creating a provisional license for practicing barbering and cosmetology.

Government Organization Reviews Dairy Bill

House Committee

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February 5, 2019

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The Senate Committee for Government Organization reviewed the committee substitute for Senate Bill 496, 2 p.m. Tuesday, Feb 5.

The proposed legislation, which would transfer the authority to regulate milk from the Department of Health and Human Resources to the Department of Agriculture, was highly questioned by committee members.

Following the reading of the bill, Judy Vallandingham Director of Public Health Sanitation at the Bureau of Public Health, came before the committee to address concerns pertaining the the transfer.

According to Vallandingham, a special task force was created to evaluate the potential need for a transfer, and a majority found that the Department of Agriculture would greatly benefit by acquiring the authority. The task force featured a representative from the DHHR, a representative from the Department of Agriculture, a representative from the milk industry and three Senators.

Sen. Corey Palumbo, D-Kanawha, questioned if the transfer would potentially affect the quality of milk meant for consumption. Vallandingham assured the Senator that the product would be tested through multiple checks in order to produce healthy grade A milk.

The committee also reviewed Senate Bill 352 which relates to the Division of Corrections and Rehabilitation acquiring and disposing of goods and commodities.

Both bills were voted to be sent to the full Senate with the recommendation that they each pass.

House of Delegates Considers Postponing Education Reform Bill

House Committee

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February 5, 2019

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Today in the House of Delegates during the introduction of bills one delegate proposed a motion for the House to postpone a Senate education bill indefinitely.

House Majority Leader Amy Summers, R-Taylor, 49, motioned that the motion to postpone the bill be tabled. The House then voted on Summers’ motion to table which passed 52-44 with four members absent. The House referred Senate Bill 451 to the Committee on Education and then Finance.

The House passed these bills Tuesday:

Senate Bill 268: Updates the meaning of federal taxable income in the West Virginia Corporation Net Income Tax Act. This bill completed legislative action.
Senate Bill 269: Updates terms used in personal income tax act. This bill also completed legislative action.
House Bill 2004: Provides for a program of instruction in workforce preparedness
House Bill 2420: Establishes the Mountaineer Trail Network Recreation Authority
House Bill 2666: Supplemental appropriation to the Department of Veteran’s Assistance
House Bill 2668: Supplemental appropriation to the Department of Administration, Public Defender Services

All other bills on second and first were advanced with no amendments made.

Health Committee Reports House Bill to the Full Senate

Senate Committee

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February 5, 2019

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The Senate Committee on Health and Human Resources met Tuesday afternoon to discuss three bills on the agenda.

House Bill 2492 would direct all reports of abuse and neglect to the central office of Department of Health and Human Resources. The Committee unanimously approved the House Bill, and reported it to the full Senate to be vote upon.

Senate Bill 394 would allow the state of West Virginia to opt out of a federal statute that would not allow an individual living in the state who has previously been convicted of a felony involving a controlled substance from receiving benefits under the supplemental nutrition program (SNAP). The bill is currently tabled in committee.

Senate Bill 400 would permit the West Virginia Board of Dentistry to create specialty licenses. The bill would change the specific examination an applicant must pass before being issued a license to practice dentistry. The bill was approved, and was referred to the Committee on Government Organization.

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Senate Presents Senate Resolutions

Senate Floor Session

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February 5, 2019

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Members of the Senate unanimously passed three resolutions prior to second reading, Tuesday, Feb. 5.

Passage of the resolutions follows extensive floor debates concerning Senate Bill 451 last week. No resolutions were passed during floor sessions where discussion and passage of the comprehensive education bill took place.

Senate Resolution 27, which designated Feb. 5, 2019 as West Virginia Alzheimer’s Day, was presented by Sen. Tom Takubo, R-Kanawha, while Sen. Roman Prezioso, D-Marion, presented Senate Resolutions 28 and 29.

The life and career of Joe Retton, a former men’s basketball coach at Fairmount State University was commemorated by resolution 28 and resolution 29 congratulated Doug Nuzum for winning the Earle S. Dillard Insurance Agent of Year Award.

Following resolutions, members of the Senate advanced eight bills to third reading, and of those bills, two received committee substitutes. The committee substitute for Senate Bill 154 would allow for the use of school facilities for funeral and memorial services pertaining to certain community members.

Senate Bills 521 through 532 were also introduced.

Senate Bill 523 would prohibit retailers from selling or leasing products that make certain content accessible on internet.
Senate Bill 530 relates to the state employee merit system.

The following committees will meet today:

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

House Industry and Labor Advances Bill to Eliminate Worker Reportage Requirements

House Committee

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February 5, 2019

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The House Committee on Industry and Labor met at 10 a.m. on Tuesday, Feb. 5 to consider two pieces of legislation, one of which would strike language requiring workers on state-funded construction projects to report certified payroll information to the WV Division of Labor.

House Bill 2441 would amend current statute which requires the employers working on publicly funded construction projects to submit payroll information containing their employees’ counties of residence, addresses, and the number of employees working on a given project. The bill would strike this requirement, allowing the WV Division of Labor to get needed compliance information from already conducted spot-checks.

Delegate Geoff Foster, R-Putnam, lead sponsor of the bill, argued that the passage would protect the privacy of the employees working on these sites.

“Somebody’s personally identifiable information should not be public information,” Foster said.

House Bill 2441 generated lengthy debate regarding transparency and the legislation’s implication for the West Virginia Jobs Act.

Opponents of the bill, such as Shawn Fluharty, D- Ohio, argued that passage of House Bill 2441 would complicate compliance with the West Virginia Jobs Act, which ensures that public construction projects give employment preference to West Virginia citizens.

“The West Virginia Jobs Act is crucial to keeping jobs in West Virginia,” Fluharty said. “The passage of this bill would make it harder for us to pinpoint where these employees live, where they’re coming from, and it makes it easier for employers to hire illegal immigrants for these jobs instead.”

Other opponents argued that House Bill 2441 reduced transparency regarding state taxpayer dollars.

Delegate Rodney Miller, D-Boone, spoke to the issue of transparency.

“The need for transparency in our state transcends politics, we can agree to the importance of transparency across both sides of the aisle. The public deserves to know what happens with public money. The passage of this bill enhances the ability for these contractors to violate our state code.” Miller said.

Mitch Woodrum, the WV Commissioner of Labor, was available to answer questions pertaining to the bill.

Woodrum testified that while the legislation may perhaps make it easier for illegal immigrants to slip through the cracks and gain these employment positions, that the Division of Labor is committed to conducting spot checks to ensure that West Virginians are getting first preference when it comes to these state projects.

There was a request for the WV Press Association to also answer questions, but the request was denied by the Chair due to time constraints.

Despite heated discussion, House Bill 2441 was approved by the committee, and advanced to the House Committee on the Judiciary for second reference.

The House Committee on Industry and Labor also had a consideration of House Concurrent Resolution 25, a resolution that would request the Joint Committee on Government and Finance to study and analyze the discrepancy between estimates and actual readings of electrical meters. This is due to widespread state complaints regarding electrical meters.

House Concurrent Resolution 25 was unanimously approved by the Committee, and was advanced to the House Floor with the recommendation that it be adopted but first be referenced to the House Committee on Rules.

Senate Finance Hastily Reviews Legislation

Senate Committee

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February 4, 2019

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The Senate Finance Committee swiftly reviewed six bills following Banking and Insurance, 4:30 p.m. Monday, Feb. 4.

The brief meeting followed an extensive floor session which saw the passage of the omnibus education bill.

Senate Bills 16, 30, 90, 323, 346 and 263 were each reported to the full Senate with the recommendation that they pass. Four pieces of the legislation received committee substitutes from committee members.

One committee substitute, relating to Senate Bill 90, would transfer the Safety and Treatment Program from the Department of Health and Human Resources to the Division of Motor Vehicles .

Adam Holley, general counsel for the division, addressed Senators and explained that the program was originally owned by the DMV and later transferred to the DHHR in 2009. Holley contributed the original transfer due to the DHHR being better equipped for handling the program.

Members also reviewed Senate Bill 323 which would establish a revenue fund in order to support the Department of Agriculture’s improvement to facilities. The bill was originally introduced last year where it passed through the Senate and House and was vetoed by the Governor.

Banking and Insurance Reviews Legislation

House Committee

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February 4, 2019

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The Senate Committee for Banking and Insurance review four Senate Bills, 3:30 p.m. Monday, Feb. 4.

Following their agenda, the committee discussed four bills, three of which are committee substitutes, and unanimously motioned to send the legislation to the full body with the recommendation that they each pass. All three of the committee substitutes are double referenced to the Senate Judiciary Committee also.

Senate Bill 47 would exempt nonpaid volunteers at ski areas from receiving workers’ compensation benefits.
Senate Bill 340 would repeal obsolete provisions of the WV Medical Professional Liability Insurance Joint Underwriting Association.
Senate Bill 407 relates to the abandonment and indication of ownership in property held by a financial institution.
Senate Bill 453 relates to background checks of certain financial institutions.

Judiciary Committee Reviews Three Bills Related to Estate Administrations

House Committee

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February 4, 2019

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Among the many bills the House Judiciary Committee discussed Monday, three were specifically referenced for the committee to look over.

These three bills relate to estates administrations as well as ownership of estates and each passed the committee and will be reported to the House without any amendments.

House Bill 2740 would bar a parent from inheriting from a child in certain instances. Currently, a parent who has had his or her parental rights terminated, may still inherit form their child. Further, a child may not inherit from a biological parent who dies interstate after his or her parental rights to said child have been terminated. This bill amends the definition of “parent” by adding a sentence that references the new section which bars a parent from inheriting from or through a child in certain instances.

The bill seeks to bar a parent from inheriting from a child if parental rights are terminated by court order and the parent-child relationship has not been judicially re-established or if the child died before reaching 18 and there is clear and convincing evidence that immediately before the child’s death, the parental rights of the parent could have been terminated under the law of this state for nonsupport, abandonment, abuse, neglect, or other actions or inactions of the parent toward the child. The bill also permits a child to inherit from a barred parent as long as a parent-child relationship does not exist between the child as an adoptee with another person.

House Bill 2746 relates to administration of estates. The purpose of this bill is to allow the county commission to administratively close un-progressed or dormant estates. If the county commission administratively closes an estate, the personal representative is still liable in a civil action to heirs, beneficiaries, or interested parties for property or assets of the decedent or the estate.

House Bill 2759 provides for ancillary administration of West Virginia real estate owned by non-residents by affidavit and without administration. The bill simplifies the procedure by which West Virginia real estate property owned by nonresident decedents is probated.

Other bills passed by the committee are:

House Bill 2809 relates to prohibited acts and penalties in the Hatfield-McCoy Recreation Area. Currently, certain acts are prohibited as they relate to the Hatfield-McCoy Regional Recreation Authority. A person who commits one of the enumerated acts is guilty of a misdemeanor and upon conviction shall be fined not more than $100. Under this bill, people who do not remain within and on a designated and marked trail will be subject to a fine of not less than $1,000. Persons who do not remain within and on a designated and marked trail and cause damage to a landowners property or interfere with a landowners use of the property will be subject to a fine of not less than $2,000.

House Bill 2761 relates to modernizing the self-service storage lien law. West Virginia’s lien law was passed in 2001 and has not been updated since that time. This bill seeks to modernize West Virginia’s self-storage lien law to reflect technological advances and contemporary industry practices. The bill was heavily discussed and four amendments were added to it. Texting was added to the electronic messaging system of the bill, blanket immunity now only applies to someone acting in good faith in the storage unit, and a new subdivision creates additional requirements for the military.

House Bill 2647 is the self-storage limited license act. This bill establishes a limited lines insurance license to allow owners of self-service storage facilities to obtain a license to sell, solicit or offer self-service storage insurance coverage to occupants. The bill requires the insure issuing the self-service storage insurance to appoint a supervising entity to supervise the administration of the program including development of a training program for employees and authorized representatives of the owner who sell, solicit, or offer self-service storage insurance.

House Bill 2815 raises the value of goods or chattels that are taken in a larceny to constitute grand larceny. The purpose of this bill is to increase the monetary value of goods or chattels stolen to be considered grand larceny.

The Judiciary committee will meet again on Wednesday, January 4.

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Senate Bill 451 Passes the Senate

Senate Floor Session

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February 4, 2019

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After many days and hours of debate and deliberation, the Senate passed Senate Bill 451, comprehensive education reform, on Monday by a vote of 18-16. The bill was reported to the House of Delegates.

The 140-page bill introduces major educational reform for West Virginia. The legislation would introduce public charter schools, education savings accounts (ESA), a $250 tax credit for teachers buying supplies, 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.

Some senators expressed concerns with public charter schools and education savings accounts.

The charter schools could be open in any school district, and is an op-in. Students and their families would have to apply for admission into a charter school, and would be first-come first-serve.

Education savings accounts would be open for 2,500 students who attend public charter schools in the state at any one time. Funds in the account can also roll over year to year. If a student enrolls in public school, then their ESA account would result in immediate suspension.

The Senate also passed 11 other bills, which include:

Senate bills 512 to 520 were also introduced.

The following committees will meet today:

Banking at 3:30 p.m. in 451M

Finance ten minutes after Banking in 451M

Judiciary ten minutes after Banking in 208W

The following committees will meet tomorrow:

Transportation at 10 a.m. in 451M

Health at 1 p.m. in 451M

Education at 2 p.m. in 451M

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