Blog – Page 145

Committee on Prevention and Treatment of Substance Abuse Addresses Two Bills

House Committee

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January 31, 2019

A House committee advanced two bills dealing with drug court programs and providing mental health and counseling services.

The committee considered Senate Bill 62, which requires participation in drug court programs before discharge of certain first time drug offenses.

The purpose of this bill is to permit a court to require the additional requirement of participation in a drug court program, or drug treatment program before a conditional discharge for first offense possession of controlled opiates or opioids may be granted.

The bill now heads before the House Judiciary Committee.

The committee also advanced House Bill 2397, which requires county school boards to provide adequate mental health and counseling services.

This bill requires the county school boards to provide adequate mental health and counseling services in the form of the employment of a psychologist or psychiatrist to pupils to address issues stemming from drug abuse.

This bill would require each county to employ full time at least one school psychologist for every 1,000 kindergarten through seventh grade students in net enrollment or major faction thereof or a psychiatrist. Currently, there are 129 school psychologists in West Virginia.

The committee unanimously adopted an amendment to change the number of students from 1,000 to 500, consenting West Virginia’s children need lawmakers help and support. The bill now heads before the House Education Committee.

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DEP Requests Additional $2,422,604 From Senate Finance

Senate Committee

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January 31, 2019

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The West Virginia Department of Environmental Protection (DEP) has requested an additional $2,422,604 for fiscal year 2020.

Austin Caperton, cabinet secretary of the DEP, came before the Senate Finance Committee to present the department’s budget request and explain that additional funding would go towards establishing the following — a Watershed Assessment Branch, a Dam Safety Program, an oil and gas program and to develop stream partnerships.

Caperton called on Scott Mandirola, deputy cabinet secretary for external affairs, to address the potential formation of the Watershed Assessment Branch. According to Mandirola, the branch would allow for the state’s water to be tested in order to receive specific labels. Certain labels which showed concern could then signal other branch’s of the DEP to address the issue.

In total, the DEP has requested $8,730,598.

Committee members also received a budget request from Mary Jane Pickens, deputy cabinet secretary at the Department of Administration. The total general revenue request for the department is set at $70,897,717 with $11,585,650 being set aside for an improvement package.

When addressing the improvement package, Pickens explained that funding allocated for the improvement package would go towards the Public Defenders salaries and court appointed counsel fees. The package will also cover general services fees as well.

The West Virginia Department of Environmental Protection presentation concluded the Senate Finance’s budget request agenda.

Senate Education Reports Two Bills to Full Senate

Senate Committee

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January 31, 2019

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The Senate Education Committee unanimously voted to report two pieces of legislation to the full Senate, 2 p.m. Thursday, Jan. 31.

Senate Bill 267, which would require the State Board of Education to adopt policies detailing certain levels of computer science instruction, in addition to a committee substitute for Senate Bill 154, pertaining to the use of school facilities for funeral and memorial services, will be reported to the full Senate with the recommendation that they each pass.

The West Virginia State Superintendent of Schools, Steven Paine, came before the committee to answer questions concerning bill 267, and explained that the bill would make certain levels of computer science instruction mandatory in schools. Passage of the bill wouldn’t require every teacher to participate.

The bill is intended to add an emphasis on systematical approaches to computer science within the state’s education system. According to the superintendent, West Virginia is currently one of the only educational systems within the nation which requires a computer science course.

Members also reviewed the committee substitute for Senate Bill 154 which featured minor changes concerning the bill’s title and language found within subsection C. Per counsel’s explanation, the bill is intended for large scale funerals for certain members of a community.

Judiciary Committee Reports Three Bills to the Senate

Senate Committee

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January 31, 2019

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

Senate Bill 157, Bundle 2, would authorize the Department of Administration to promulgate a legislative rule relating to purchasing.

Senate Bill 175, Bundle 5, would add more information to the Collection and Exchange of Data Related to Overdoses. The bill directly relates to SB 272 which was passed in the 2018 Regular Session. The bill would include hospital emergency rooms and departments to the list of mandatory reporters.

Senate Bill 387 would update provisions authorizing the Governor to seek the return of fugitives who have been convicted of a crime, have violated bail, probation, parole, or have been improperly released from confinement when those persons flee to another state or to the District of Columbia.

All three bills were reported to the Senate to be voted upon.

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House Health and Human Resources Advances Two Bills

House Committee

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January 31, 2019

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The House Committee on Health and Human Resources had a consideration of two House bills at 2 p.m. on Thursday, Jan. 31 in 215-E.

House Bill 2515 is a bill that would exempt the sale and installation of mobility enhancing equipment for West Virginia citizens. Currently, healthcare providers are exempt from sales tax when it comes to the purchase and modification of medical equipment for the purpose of increasing a patient’s mobility. This bill would extend that tax exemption to West Virginia citizens who are subject to paying for the mobility enhancing equipment themselves.

Under this bill, mobility enhancing equipment would include wheelchair docking systems for vehicles and homes, car seats for mobility-impaired individuals, and other similar medical equipment.

Manis Williamson, the resident of Mason County, testified before the committee and argued for the necessity of the passage of House Bill 2515. In paying for the remodel for his van in order to accommodate his physically impaired wife, Williamson had to pay over $30,000.

“This bill would correct what I believe is an injustice to the West Virginia people,” said Williamson. “The state is taxing people because they cannot walk.”

House Bill 2515 was passed by the House Health and Human Resources Committee, and was advanced to House Finance Committee for consideration.

House Bill 2490 was also advanced by House Health and Human Resources, and was moved to the House Floor with the recommendation that it should pass.

House Bill 2490 would prohibit the Secretary of the Department of Health and Human Resources from proposing or enforcing any rules which prevent recreational water facilities from making necessary upgrades, renovations, or repairs.

“I think this is a great bill,” said Delegate Margaret Staggers (D-Fayette). “This will allow more of our pools to open up and function, and we can get the kids out and moving this summer.”

Committee of Banking and Insurance Discusses Medical Cannabis Act

House Committee

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January 31, 2019

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The House Banking and Insurance Committee met Thursday advancing a bill relating to medical cannabis banking.

The bill, House Bill 2538 seeks to provide banking services for services provided under the West Virginia Medical Cannabis Act. The State Treasurer’s office found that BB&T along with other banks were unwilling to accept medical cannabis funds. This bill would encourage credit unions to accept these funds. After some brief discussion over the bill, the committee advanced the bill, which next heads to the Judiciary Committee.

The committee also took up House Bill 2608, which would repeal the requirement of printing the date a consumer deposit account was opened on paper checks.

Currently, state code requires all checks, drafts or similar negotiable or nonnegotiable instruments or orders of withdrawal used for drawing against funds held in a consumer deposit account by a supervised financial institution shall have printed on the face thereof a four- or five-digit combination of numbers and letters showing the date the account was opened. This bill would repeal this section of the code, thereby removing this requirement. The committee advanced the bill, which next heads to the House Judiciary Committee.

The committee also advanced House Bill 2609, which relates to presumptions of abandonment and indication of ownership in property.

This law establishes when certain property is presumed to be abandoned and therefore subject to disposition by the State Treasurer under the Uniform Unclaimed Property Act. The section establishes time periods after which various types of property is presumed to be abandoned by the apparent owner thereof. After the applicable time period passes, the property is presumed unclaimed if the owner has not indicated an interest in the property. The bill next heads to House Judiciary for review.

The committee also advanced House Bill 2647, which relates to the Self-Storage Limited License Act. The purpose of this bill is to create a limited lines insurance license for owners of self-service facilities to issue self-service storage insurance to storage facility occupants who lease or rent storage units.

The limited lines license is limited to authorizing the license licensee and the licensees employees to sell self-service storage. The bill provides that owners of self-storage facilities that offer or sell self-service storage property insurance to renters or lessees must hold a limited lines license.

The new section establishes several requirements for licensees, their employees and authorized representatives that sell the insurance and for the sale of the insurance. The bill now heads before the House Judiciary Committee.

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House of Delegates Passes Major Foster Care Reform Bill

House Committee

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January 31, 2019

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House Bill 2010, a bill to reform the foster care system in West Virginia passed through the House of Delegates today and will be advanced to the Senate for further consideration.

The House of Delegates convened for the 24th day of the regular session of the 84th West Virginia Legislature to consider legislation on Thursday, Jan 31. Of the bills considered within the House, six were on third reading.

Two Senate bills passed through the Chamber today. Senate Bill 28 is a bill that would remove the $200,000 limitation on the amount of a portion of hotel occupancy tax proceeds that a county commission or municipality may spend annually on emergency services. Senate Bill 177 is a bill that would add a sunset provision and improve energy efficiency standards for commercial buildings.

House Bill 2010 passed after a lengthy discussion ensued regarding the implications of the bill and what it would do for West Virginia foster children.

Delegate Barbara Fleischauer, D-Monongalia, stood in strong opposition against House Bill 2010. She advocated for the strengthening of the Department of Health and Human Resources, instead of subcontracting the services for foster children out to a managed care organization.

“I’ve received one email in support of the bill and many in opposition,” Fleischauer said. “Why are we taking these children away from an organization who has had jurisdiction over them since the 1930’s, and giving them to a company motivated by profit?”

Many delegates resounded Fleischauer’s ideas, arguing that the foster parents haven’t had enough say in the groundbreaking piece of state legislation.

Delegate Kayla Kessinger, R-Fayette, is the lead sponsor of House Bill 2010. She advocated strongly for the passage of the bill.

“We are ranked #1 nationally for child removal,” Kessinger said. “Our system has failed these children. Think of these kids who have not had a voice in over thirty years.”

Many delegates also resounded Kessinger’s ideas, with many saying that the bill is a positive step in the right direction to addressing the issues associated with WV’s foster care crisis.

House Bill 2010 passed the House of Delegates overwhelmingly. It will now move to the Senate for consideration

Other bills that were passed through the House include House Bill 2324, a bill to allow licensing for auricular acupuncture in the state, and House Bill 2503, a bill would amend court action in abuse and neglect cases.

House Bill 2503 would amend a current statute that requires the state to pay for counsel for parents involved in abuse and neglect parents, even parents who aren’t at risk for losing parental rights. House Bill 2503 would require the DHHR to identify parents in state abuse and neglect cases as being “offending” and “nonoffending”, and would therefore not require the state to pay for counsel to represent the nonoffending parents in court.

House Bill 2521, a bill permitting the sale of fur-bearer parts, was also passed. This bill would allow for the legal purchasing, trading, and selling of animal male genitalia bones.

Bills on second reading and first reading were advanced forward this day in the House.

During remarks, Delegate Shawn Fluharty (D-Ohio), stood against the passage of House Bill 2521, remarking that it wasn’t significant enough to be included on the legislative agenda for this session.

“This is the people’s House. People aren’t emailing me about animal baculum, they’re emailing me about economic proposals and education reform. So let’s focus on that.” Fluharty said.

The House of Delegates is adjourned until 11 a.m. tomorrow, Friday, February 1st.

Committees Meeting After Floor Session Today:

-The House Committee on Banking and Insurance will meet right after the floor session to continue the previous agenda in 215-E.

-The House Committee on Seniors, Children, and Family Issues will meet at 1 p.m. in 215-E.

-The House Committee on Health and Human Resources will meet at 2:15 p.m. in 215-E.

-The House Committee on Energy will meet at 2 p.m. in 410-M.

-The House Committee on Prevention and Treatment of Substance Abuse will meet at 3 p.m. in 215-E.

Committees Meeting Tomorrow Before Floor Session:

-The House Committee on Finance will meet at 9 a.m. tomorrow in 460-M.

-The House Committee on Government Organization will meet at 9 a.m. tomorrow in 215E.

-The House Committee on Judiciary will meet at 9 a.m. tomorrow in 410-M.

Senate Bill 451 Passes Through the Committee on the Whole

Senate Committee

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January 31, 2019

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The Senate resolved themselves once again into the Committee on the Whole Thursday morning to discuss Senate Bill 451.

Senate Bill 451 is the omnibus educational reform bill that introduces charter schools, student savings accounts, 5 percent pay increase for teachers, etc.

The Committee heard one more testimony before bypassing discussion and proposal of amendments. The bill passed by a vote of 18 to 16, and will be reported to the full Senate to be voted upon.

The Senate is adjourned until tomorrow Feb. 1 at 11 a.m.

The following committees will be meeting today:

The Senate Education Committee will meet at 2 p.m. in 451M.

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:

Judiciary at 9:30 a.m. in 208W.

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Senate Passes Two Rules Bundles, Recognizes Homeschool Day

Senate Floor Session

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January 31, 2019

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The Senate convened Thursday morning to conduct daily order of business.

Senate Bill 199 (Bundle 9) is the largest rule bundle with over 32 rules related to miscellaneous agencies and boards to promulgate legislative rules.

Senate Bill 187 (Bundle 7) is another rule bundle with 12 other rules included with it. Most of the rules related to the West Virginia State Tax Department, lottery rules, and racing rules.

Both rule bundles were passed unanimously by the Senate, and are to be effective from passage.

The Senate also passed SB 256 and SB 297. Senate Bill 256 would allow certain deductions from individual personal income tax refund. Senate Bill 297 would extend expiration of military members’ spouses’ driver’s license. Both bills were unanimously passed by the Senate.

Senate Bills 485 to 497 were also introduced.

The Senate unanimously adopted Senate Resolution 25 which designated Jan. 31, 2019 as West Virginia Homeschool Day at the Capitol. Homeschooled students were in attendance, and were presented the Resolution.

The Senate is currently in recess, and the Committee on the Whole will meet at 10:30 a.m.

As of now there are no other committee meetings for today.

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House Committee on Small Business Originates Tax Incentive Bill

House Committee

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January 31, 2019

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The House Committee on Small Business, Entrepreneurship, and Economic Development convened at 9 a.m. on Jan 31 in 215-E to originate a bill that would give tax incentives to state business owners who operate within the state’s opportunity zones.

The bill, which was sponsored by all delegates in the committee this morning, would allow West Virginia entrepreneurs to receive a state tax credit for opening a new business within an opportunity zone. The tax incentive would be geared towards people who don’t yet have an existing business in an opportunity zone, but would like to put their money within one.

There are currently 55 opportunity zones throughout the state. These were identified by Governor Jim Justice last year as areas of West Virginia that are economically underdeveloped, and need economic revitalization.

The originating bill is modeled after a federal tax credit that these entrepreneurs may also receive for starting a business in an opportunity zone. These entrepreneurs are currently eligible for a federal tax incentive designed to encourage private investors to make capital investments in those areas. This bill provides for the addition of a state tax incentive, as well.

“The intent of this tax credit is to give an extra jump start to these areas,” said Minority Chairman Doug Skaff (D-Kanawha). “These places need the energy, and this bill will give them that.”

The legislation was approved by the committee to be advanced to the House Floor with recommendations that it pass, but it first go to House Finance Committee for some technical cleanups.