Blog – Page 143

House Government Organization Advances Four Bills to the House Floor

House Committee

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February 8, 2019

The House Committee on Government Organization convened at 9 a.m. on Friday, Feb 8, in 434-M. The committee considered four pieces of legislation, all of which were passed unanimously.

House Bill 2338 is a bill that would allow owners of antique military vehicles to display alternate registration insignia compatible with the original, antique markings of the vehicle, in lieu of a standard West Virginia license plate.

This bill was advanced to the House Floor unanimously with the recommendation that it pass.

The House Committee on Government Organization then had a consideration of House Bill 2359. This bill would exempt commercial motor vehicle operators employed with a farm related service industry from the commercial driver’s license requirements. West Virginia citizens employed in the fields of agrichemical business, harvesting, livestock feeding, and other applicable careers would be exempt from getting a commercial driver’s license for a limited time.

This bill was also advanced to the House Floor unanimously with the recommendation that it pass.

House Bill 2692 was also passed by the House Committee on Government Organization, a bill that would equalize the candidacy filing dates for third party candidates, independent candidates, and the two major parties for state offices.

The committee also heard an originating bill regarding the reportage requirements of government agencies. The bill would require state agencies to have governmental websites containing up-to-date contact information, members, and legislative involvement. Counties and municipalities would be required to ensure that the websites are up to date.

This originating bill was moved to the House Floor with little discussion, with the recommendation that it pass.

House Education Continues Education Bill Discussion

House Committee

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February 7, 2019

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The House Education Committee questioned several witnesses over provisions in a Senate education bill and presented further proposed changes to the bill Thursday evening.

The Senate passed the bill earlier this week following many days of debate and deliberation. The House Education Committee presented a proposed strike-and-insert amendment that made several changes to the version passed out of the Senate.

Some of the proposed changes included capping charter schools at six statewide, removing virtual charter schools from the bill, and changing the implementation date of establishing charter schools to July 2020. The strike-and-insert also proposed limiting Education Savings Accounts, or ESAs, to families of students with special needs.

The strike-and-insert also would add a severability clause, changed the section related to payment during work stoppages, and removed a provision that would require unions to get written permission from members before spending membership dues on political causes.

The committee presented changes to the strike-and-insert Thursday evening. Most of the changes were technical in nature. The biggest change involved the number of charter schools, decreasing from six to two statewide.

The newest version proposes a pilot project for charter schools consisting of one elementary school in Cabell County and one elementary school in Kanawha County that are low performing and designated as a federal Title I eligible schools.

The committee also heard input from several people Thursday.

In the evening portion of the meeting, legislators heard from Rachelle Engen from the Institute for Justice, a parent of a special needs student, a high school teacher, a political director of the American Federation of Teachers-West Virginia and the president of the West Virginia Education Association.

Delegates questioned Engen on ESAs. Six states currently have ESA programs although Nevada’s program currently is not operating. Engen told the committee that Florida has the highest participation rate, representing about 3 percent of eligible students.

Many questions focused on fraud prevention. Engen described the monitoring conducted by the state Treasurer’s office on ESAs.

Delegates asked what the ESA funds would cover. Engen told the committee people could use ESA funds for courses at charter schools, community colleges or private schools and additionally use ESAs for therapy and other services. Public funds are put into the ESAs with 75 percent of state aid going into it. Parents do not contribute to the ESA.

Kristy Black, a parent of a 15-year-old daughter who has down syndrome, also spoke before the committee. She talked about the services her daughter receives. She expressed concern with ESAs, saying the approximate $3,200 from an ESA would not come close to paying for services she receives through the public school system and the additional tutoring and therapy services her daughter needs.

The committee also heard from Greg Phillips, a social studies teacher at Robert C. Byrd High School and the president of the Harrison County Education Association. Phillips told the committee he didn’t think the $250 tax credit would go far.

The committee additionally heard from Kris Mallory, political director for the American Federation of Teachers-West Virginia, and Dale Lee, president of the West Virginia Education Association, who answered questions including discussing the differences between innovation zones and charter schools.

Innovation Zones are designated by the West Virginia Board of Education that provides schools with support and flexibility to collaboratively implement innovation to enhance student learning, according to the West Virginia Department of Education. Innovation Zones means that schools have been awarded grants to address student learning or dropout prevention, according to the state Department of Education.

The committee is adjourned until 9 a.m. Friday. The committee will meet in the Government Organization Committee room.

Energy Committee Passes Bill Relating to the Uniform Partition of Heirs Property Act

House Committee

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February 7, 2019

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The committee on Energy took up a bill that would establish the Uniform Partition of Heirs Property Act.

House Bill 2802 would preserve family wealth in the form of real property. Some families engage in sophisticated estate planning to ensure the passage of generational wealth but those with smaller estates are more likely to use a simple will or to die intestate. For lower-income families, most of an estate consists of real property.

If the landowner dies intestate, the real estate passes to the landowner’s heirs as tenants-in-common. In a tenancy-in-common, any co-tenant has the legal right file an action with a court to partition the property.

Tenants-in-common are vulnerable because any individual cotenant can force a partition. Real estate investors may acquire a small undivided share of heirs’ property and file a partition action and force a sale. Using a partition by sale, an outside investor can acquire an entire parcel, sometimes at a price below its fair market value. This may deplete a family’s inherited wealth.

This bill provides to the heirs a series of due process protections; notice, appraisal, right of first refusal, right to a private auction, and if the other co-tenants choose not to exercise their right to buy the property, a commercial sale supervised by a court to ensure all parties receive a fair price and their share of the proceeds.

The act only applies to heirs’ property where one or more co-tenants must have received his or her property interest from a relative and only when there is no written agreement governing partition among the owners. If a property is not an heir’s property, the current partition statute will apply.

The bill would preserve the right of a co-tenant to sell his or her interest in inherited real estate while ensuring that the other co-tenants will have the necessary due process to prevent a forced sale to an outside investor.

The bill was reported to the House and will be referred to the Judiciary Committee.

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Committee for Seniors, Children, and Family Issues Pass Bills Regarding In-Home Care

House Committee

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February 7, 2019

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The Committee for Seniors, Children, and Family Issues advanced two bills Thursday related to in-home care.

House Bill 2825 would create a workgroup to review the hospice need standards in this state. The purpose of the bill is to establish a workgroup to review the hospice services and relevant standards in effect in this state.

The workgroup shall be led by the chair of the West Virginia Health Care Authority and shall include the Secretary of the Department of Health and Resources, or an appointed designee.

The bill also selects organizations, which shall choose the remaining members of the workgroup, and outlines their duties. These include determining whether the current hospice standards and deadlines need modifications which would be reviewed by the Legislative Oversight Committee. The bill was reported to the House.

House Bill 2625 would establish reimbursement rates for congregate and in-home meals. The purpose of this bill is to raise the reimbursement rate for congregate and in home meals provided by senior centers. The bill was reported to the House.

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Judiciary Committee Reports Two Bills to the Senate, Lays One Over

Senate Committee

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February 7, 2019

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The Senate Committee on the Judiciary met Thursday afternoon to discuss three bills.

Senate Bill 487 is an originating bill that would clarify that meeting minimum staffing requirements in a health care facility includes the provision of adequate supervision. The bill would a statutory rebuttable presumption for health care facilities or health care providers that appropriate staffing and adequate supervision to prevent accidents were provided if the health care facility or health care provider has demonstrated compliance with the minimum staffing requirements under state law.

Plaintiffs would need to prove clear and convincing evidence, which would be a 75 percent standard needed, instead of 51 percent standard by preponderance. The Committee lied the bill over for further discussion at a later time.

Senate Bill 339 would allow certain persons to carry pepper spray on and in the State Capitol Complex. The bill would allow for people ages 16 and older to carry pepper spray for self-defense reasons.

Senate Bill 481 relates to the Judicial Vacancy Advisory Commission. The bill would provide that no more than two appointed members of the Commission may be residents of the same state senatorial district, and no more than four from the same congressional district.

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

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Senate Finance Reviews Six Bills

Senate Committee

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February 7, 2019

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Six pieces of legislation were discussed by Senate Finance Committee members Thursday.

Senate Bills 40, 47, 117, 291, 296 and 461 were brought before the committee to be explained and voted upon. Of the six bills, five pieces of the legislation received the decision to be reported to the full Senate with the recommendation that they each pass.

One bill in particular, Senate Bill 40, which would establish the Military Service Members Court program, raised concern among a number of Senators on the committee. Sen. Doug Facemire, D-Braxton, questioned why the program would be created and asked why military members couldn’t use the state’s existing court system.

Lead sponsor of the bill, Sen. Ryan Weld, R-Brooke, came before the committee and explained that West Virginia previously had a veteran’s court program which was disbanded in 2017 due to a lack of funding. According to Weld, following investigation, it was found that the program did in fact have more than enough funding to stay in operation. The Senator stated that the main purpose of the bill was to reestablish the court and right the wrongs that occurred in 2017.

Weld explained that if passed, the bill would reestablish the program which provides options for rehabilitation, in addition to incarceration, to military service members. The fiscal note for the bill lists a $323,000 start up budget with $1.6 million being spent annually following full implementation.

Following discussion of SB40, committee chair, Sen. Craig Blair, R-Berkeley, motioned to removed Senate Bill 117, which relates to incentives for consolidating local governments, from the agenda and lay the bill over for one day.

Health Committee Reviews Athletic Training Bill

House Committee

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February 7, 2019

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The Senate Committee for Health and Human Resources reviewed Senate Bill 60, 1 p.m. Thursday.

The legislation, which would begin a licensing practice of athletic training, spurred conversation between committee members and representatives from the state’s athletic training field.

President of the West Virginia Athletic Trainers Association, Jenni Johnson, came before committee members to explain that the potential legislation would create title protections for athletic trainers in the state. Johnson cited that the state currently has no board for athletic trainers to report to.

Following discussion of the bill, committee members motioned to report the bill to the full Senate following a second reference to the committee on government organization.

Senate Bill 519, would require county emergency dispatchers to complete course for telephonic cardiopulmonary resuscitation (CPR), and Senate Bill 518, would restrict the sale and trade of dextromethorphan to those under 18.

Dextromethorphan, commonly referred to as DMX, is a cough medication that can cause fatal liver injury, cardiovascular effects and over-sedation. If passed, this bill would create a criminal misdemeanor and $100 fine for those who are found guilty of dispense the medication to an individual under 18.

Both bills were voted to be reported to the full Senate with 518 receiving a second reference to judiciary and 519 receiving a second reference to finance.

Banking and Insurance Committee Passes Bill Relating to Background Checks

House Committee

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February 7, 2019

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The Banking and Insurance Committee took up House Bill 2621 which relates to background checks of certain financial institutions in its Thursday meeting.

This bill amends and reenacts state code relating to background checks of certain financial institutions by the Division of Financial Institutions, formerly known as the Division of Banking. This section sets forth the duties and powers of the Commissioner, which includes in current law the mandatory duty to require a criminal background investigation.

The bill amends the current code to provide that the commissioner may determine alternate acceptable forms for background check information for direct or indirect principals of a licensee or applicant for a mortgage lender or broker license or a money transmission license who are not residents of the United States.

The bill does not apply to applications to charter or control a bank. It only applies to principals of a licensee or applicant for a mortgage lender or broker license or a money transmission license who are not residents of the United States. The bill was reported to the House and will be referred to the Judiciary Committee.

Two other bills also were taken up by the committee.

House Bill 2807 would create an additional modification to the West Virginia adjusted gross income of shareholders of S corporations engaged in banking.

The purpose of this bill is to provide a reducing modification to the West Virginia adjusted gross income of a shareholder of a Subchapter S corporation engaged in banking business in this state. The modifications are similar to modifications that presently exists in code for corporate next taxable income applicable to CD corporations, which includes banks organized as C corporations.

The provisions of the bill are applicable with respect to tax years beginning January 1, 2019. The bill was passed by the committee and will be reported to the House after being reviewed by the Judiciary Committee.

House Bill 2361 would establish certain requirements for dental insurance. The purpose of this bill is to prohibit insurers or health care service contractors from requiring dentists to provide a discount on any dental care service or materials not covered by the insurance or contract.

There was a committee amendment made to the bill which amends the section of heading, removes the definition of “contractual discount,” a term not found in the bill, to clarify that the prohibitions cover insurance policies and insurers as well as contracts by health care service contractors and makes technical corrections to the bill.

The bill is reported to the House after being reviewed by the Judiciary committee.

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House Health and Human Resources Advances Medicare Fraud Control Unit Bill

House Committee

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February 7, 2019

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The House Committee on Health and Human Resources had a consideration of two pieces of legislation at 2 p.m. on Thursday, Feb 7 in 215-E. Both bills were advanced through the committee for a second reference to the House Judiciary Committee.

The first bill considered was House Bill 2801, a bill to require abortions performed in the state to be performed by a licensed physician. A strike-and-insert amendment to House Bill 2801 was proposed at the beginning of the committee meeting that was unanimously accepted. As amended, House Bill 2801 specifies that surgical abortion procedures must be performed by a licensed physician, thus preventing nurses from performing surgeries they’re not licensed to perform.

House Bill 2801 was approved by the committee with amendment, and with recommendation that it pass. The bill will go to the House Judiciary Committee for second reference.

The second bill on the agenda for consideration was House Bill 2867, a bill that would move the Medicare Fraud Control Unit from the jurisdiction of the WV Inspector General’s Office to the WV Attorney General’s Office.

Jolynn Marra, the Director of the Office of Health Facility and Licensure Certification (OHFLAC) and Interim Inspector General, attested to the success that the Medicare Fraud Control Unit has recently had in the state.

“We return $4.98 for every dollar spent in this program,” Marra said. “This unit does a fantastic job, especially with our new director. The numbers speak for themselves.”

WV Attorney General Patrick Morrissey was present to testify as to why House Bill 2867 should be passed, and why the Medicare Fraud Control Unit should be transferred to his office.

“The Attorney General’s Office is experienced,” Morrisey said. “We are a very visible fraud-fighting entity, and we’ve had a lot of success pursuing consumer fraud in the state.”

Morrisey elaborated that 43 other states have their Medicaid Fraud Control Units underneath the jurisdiction of Attorney General Offices, and that the addition of West Virginia’s program to the WV Attorney General Office would increase transparency, and strengthen national relations.

Several delegates spoke in favor of the transfer that House Bill 2867 should pass.

Delegate Amy Summers, R-Taylor, spoke in favor of the bill, arguing that it reduces transparency for the Medicaid Control Fraud Unit to be under jurisdiction of the Inspector General’s office, and office that reports to the Department of Health and Human Resources.

“I just feel it’s inappropriate that this office investigates a program administered by the agency they report to,” Summers said. “It feels a bit like a fox is in the hen house.”

Several other delegates had some concern regarding political motives, and the need for the transfer to occur in the first place.

Delegate Mike Pushkin, D-Kanawha, argued against House Bill 2867, saying that a politically affiliated office such as the Attorney General should not have power over how Medicaid fraud claims are handled.

Delegate Barbara Fleischauer, D-Monongalia, also was skeptical of the bill’s passage.

“I’ll be voting no because as the Director of OHFLAC stated, we are currently getting an excellent return on investment,” Fleischauer said. “The office is very successful right now. If it isn’t broke, don’t fix it.”

Despite a lengthy discussion, the bill was advanced by the committee in a close 12-11 vote.

House Bill 2867 was advanced to the House Floor with the recommendation that it pass, but first receive consideration from the House Judiciary Committee.

House of Delegates Passes Bill to Create Family Drug Court Program

House Floor Session

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February 7, 2019

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The House passed a bill Thursday that would permit the state Supreme Court to create a family drug court pilot program.

House Bill 2686 would permit family drug court programs that would only operate with abuse and neglect cases. This bill also establishes a state advisory committee, which would provide more local involvement in treatment courts.

Other bills that passed the House on third reading are:

· Senate Bill 324, relating to Commissioner of Agriculture Employees

· House Bill 2204, prohibiting state licensing boards from hiring lobbyists

· House Bill 2479, relating to Corporate Governance Annual Disclosure Act

· House Bill 2481, permitting the retail sale of alcoholic beverages on Sundays after 1 p.m.

· House Bill 2608, repealing the requirement of printing date a consumer deposit account was opened on paper checks

There was also a motion made on the floor to discharge House Bill 2733 from its committee. This is a bill that adds “sexual orientation” and “gender identity” to categories covered by the Human Rights Act. The motion was tabled.

All bills on second reading were advanced with the exception of one bill. House Bill 2365 had action postponed one day. This bill clarifies the definition of an employee for the purposes of unemployment compensation and worker’s compensation.

All bills on first reading were also advanced.

Two public hearings will take place Monday, Feb. 11. A public hearing on Senate Bill 451, relating to comprehensive education reform, will take place at 8 a.m. in the House Chamber.

Another public hearing will take place later that day at 2 p.m. in the House Chamber on House Bill 2519, the Campus Self Defense Act.

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