Blog – Page 145

Health Committee Reports House Bill to the Full Senate

Senate Committee

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February 5, 2019

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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House Government Organization Advances Four Bills

House Committee

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February 4, 2019

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The House Committee on Government Organization convened at 2 p.m. on Monday, Feb. 4 to consider four bills on the agenda.

House Bill 2528 would authorize the West Virginia Commissioner of Agriculture to employ a general counsel that would be necessary to perform the duties of the office.

House Bill 2528 was approved by the House Committee on Government Organization unanimously, and was recommended to the floor with the recommendation that it pass.

House Bill 2696 would create a naming convention to records lands owned by the state in an index system for easy cross-reference to county indexes. This would create an index system for attorneys searching for title information that would be specific to each county.

This new series of books would mostly serve to provide easily accessed information regarding state agencies whose names have changed. For example, information pertinent to the WV Division of Highways would also be made more accessible under the agency’s previous name, the State Roads Commission.

House Bill 2696 also approved by the House Committee on Government Organization unanimously, and was recommended to the floor with the recommendation that it pass.

House Bill 2601 was also advanced to the House floor. This bill would ensure the review and approval of state property leases by requiring two signatures and the review and approval of leasing of state property to nongovernment entities.

House Bill 2392 was also advanced to the House floor, a bill that would allow 1-day licenses to be issued by the Alcoholic Beverages Commission for charitable events. This would allow those who are hosting a charitable event to apply for a single day license to sell non-intoxicating alcohol, such as beer and wine.

Passes Two Bills on Third Reading, Memorializes Former Lawmaker

House Floor Session

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February 4, 2019

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The House of Delegates considered several pieces of proposed legislation, heard a memorial resolution for the late James M. Casey, and listened to several noteworthy remarks from delegates at 11 a.m. on Monday, February 4 in the House Chamber.

The House of Delegates first adopted and read aloud House Resolution 10, a resolution honoring the late James Michael Casey, who passed this past October.

James Michael Casey was honored for being a former member of the House of Delegates, as well as an active attorney. He was also a lobbyist, and an “advocate for his community”. The House honored him and his family, who were present to accept the resolution.

There were second bills on third reading on this day, the 27th day of the legislative session.

House Bill 2607 is a bill that would make certain technical changes to existing code regarding the licensure of nursing homes. It would change the language to revise the reportage requirements for licensed nursing homes in the state. The strike-and-insert legislation cleans up some language in the previous code in order to better specify the Secretary of DHHR’s administrative responsibilities, as well as specify the requirements of licensed state nursing homes as far as reportage goes.

The bill passed the House and was advanced to the Senate for further consideration.

House Bill 2612 would authorize the Secretary of the West Virginia Department of Health and Human Resources to update rules regarding the source water protection plans throughout the state. Currently, each public water utility is mandated to report the status of their water and a water protection plan to the state commission every three years. This bill would allow the timeframe of this reportage to be more flexible in order to give these water utilities more time to review the status of their water protection.

House Bill 2612 was unanimously passed as well, and advanced to the Senate for further consideration.

Bills on second reading that were advanced include Senate Bill 268, Senate Bill 269, House Bill 2004, House Bill 2420, House Bill 2666, and House Bill 2668.

House Bill 2420, another bill on second reading, was postponed for one day.

House Bill 2691 and House Bill 2779 were also read for the first time on this day.

Several Delegates made noteworthy remarks at the end of this House floor session.

Delegate Evan Hansen, D- Monongalia, spoke of his sponsorship of House Bill 2589. Hansen described this bill as a piece of legislation that would loosen energy restrictions on West Virginia companies, and allow the state to be more inclusive of companies utilizing solar energy.

“The fastest growing energy sector is that of solar energy,” Hansen said. “Like it or not, the world is changing. You can dig in your heels and keep making the current economy look like the economy has for fifty years, but I ask that you support all job options—not just the ones that have sustained us for the past century.”

Delegate Dianna Graves, R- Kanawha, made comments commending the bipartisanship within the House this legislative session.

“I’m impressed with how bipartisan we have been under the current Speaker,” Graves said. “Lifting all boats doesn’t work if half of us are left behind, so let’s keep this up.”

The House of Delegates is adjourned until 11 a.m. tomorrow, Tuesday, February 5th.

The following committees will meet today after the House Floor Session:

-The House Committee on Technology and Infrastructure will meet at 1 p.m. in 215-E.

-The House Committee on Finance will meet at 2 p.m. in 460-M.

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

-The House Committee on Government Organization will meet at 2 p.m. in 215-E.

-The House Committee on Education will meet at 3 p.m. in 434-M.

-The House Committee on Fire and Emergency Medical Services will meet at 4 p.m. in 215-E.

The following committees will meet tomorrow before the House Floor Session:

-The House Committee on Agricultural and Natural Resources will meet at 8:30 a.m. tomorrow in 215-E.

-The House Committee on Industry and Labor will meet at 10 a.m. tomorrow in 215-E.

Senate Adopts Six Amendments for Comprehensive Education Reform Bill

Senate Committee

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February 1, 2019

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A total of six amendments were adopted to Senate Bill 451 following a brief recess Friday.

The second reading of the comprehensive education reform bill received a number of amendments with a select few being accepted by Senators. The series of proposed changes follow the adjournment of the committee on the whole Thursday, Jan. 31.

In addition to 451, 11 other Senate Bills were features on second reading and were advanced to third reading.

Prior to second reading, numerous bills were also featured during third reading with Senate Bill 4, which relates generally to the Municipal Home Rule Program, receiving a total of four amendments. Following the additions, members voted to pass the legislation.

Senate Bills 103, 233, 264, 270, 331, 332 and 390 were also passed with four of the bills becoming effective upon passage.

Senate Bill 103 relates generally to the Public Defender Service.

Senate Bill 233 relates to changing the age requirements for deputy sheriffs applicants.
Senate Bill 390 would require electric utilities to submit a series of feasibility studies when constructing and operating middle-mile broadband internet projects.

The Senate is adjourned until 11 a.m. Monday morning.