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Senate Finance Reviews Six Bills

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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

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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

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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

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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

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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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Blue Alert Plan to be Reported to the Senate

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The Senate Committee on Government Organization met Thursday afternoon to discuss four bills on the agenda.

House Bill 2446 was the focal point of the meeting, as it would create the Blue Alert Plan. The Blue Alert Plan would aid in locating a law-enforcement officer who has disappeared in the line of duty or locating a suspect or suspects who kill or inflict a life-threatening injury upon a law-enforcement officer and remain at large. Alerts would go to media outlets who then would inform the public about the missing officer.

Senate Bill 345 would add the definition of grantee to include state spending units and local governments and to require grantees to report state grant spending information to grantors.

Senate Bill 285 relates to the selling of cottage foods. The bill would allow homemade foods, also known as cottage foods, to be sold at third party vendors. Foods must abide by current code and must contain labels of ingredients.

Senate Bill 405 would Increase the limit on additional expenses incurred in preparing notice list for redemption. The bill would increase it from $200 to $500.

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

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Visitors Fill Senate Chamber to Celebrate Resolutions

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Multiple guests visited the Senate chamber to celebrate the passage of Senate Resolutions 33, 34 and 35, 11 a.m. Thursday.  

Resolution 33, which designated Feb. 7, 2019 as Veterans Visibility Day at the legislature, was unanimously passed by members. Sen. Ryan Weld, R-Brooke, and Sen. Charles Clements, R-Wetzel, veterans of the military, rose to urge adoption of the resolution.  

The Senate also passed Senate Resolution 35, which recognized Glenville State College and certain public school districts in West Virginia, and Senate Resolution 34, which designated Feb. 7, 2019 as Go Red for Women Day. Multiple Senators wore red in support for the resolution.  

Three bills were read for a third time with each of the bills being passed by the Senate. Sen. Charles Trump, R-Morgan, and Sen. Greg Boso, R-Nicholas, rose to give extensive explanations of the legislation.  

  • Senate Bill 127 relates to parole officers’ duties to perform alcohol and drug testing of litigants 

  • Senate Bill 163 would authorize the DEP to promulgate legislative rules. The bill will become effective upon passage.  

  • Senate Bill 392 relates to payment of invoices received by the Division of Corrections and Rehabilitation for contract work.  

Ten bills were featured on second reading with only one piece of legislation, Senate Bill 343, which relates to review and approval of state property leases, receiving an amendment from Sen. Chandler Swope, R-Mercer.  

Senate Bills 543 through 554 were introduced.  

  • Senate Bill 544 would increase salaries for members of the WV State Police over three-year period.  

  • Senate Bill 550 would declare certain claims to be moral obligations of state.  

The following committees will meet today: 

  • The Senate Health 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.  

The following committee will meet tomorrow: 

  • The Senate Judiciary Committee will meet at 9:30 a.m. in 208W. 

Supplemental Appropriations Pass Finance

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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

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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

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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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