Blog – Page 146

Senate Reviews Education Reform in Committee of the Whole

Senate Committee

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January 30, 2019

The full Senate convened under a committee of the whole to review the omnibus education reform bill, 11:30 a.m. Wednesday, Jan. 30.

Senate Bill 451, which would establish complete comprehensive education reform was throughly discussed throughout the day.

Senators received presentations aiming to better explain the bill and were able to converse with counsel concerning the financial and educational aspects of the legislation. Throughout the committee, Senators also heard testimonials from individuals throughout the state, and were given an opportunity to ask questions.

Representatives from around the nation also came to discuss the establishment of charter schools and school choice. Along with education reform, a significant portion of the current proposed legislation deals with the establishment of public charter schools in the state.

Following testimonies, Senators were given the opportunity to ask questions to all speakers present during the committee.

The Senate is adjourned until 9 a.m. with the committee of the whole continuing immediately following floor session.

All discussion surrounding Senate Bill 451 can be found here.

House Committee on Industry and Labor Considers Wage Bill

House Committee

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January 30, 2019

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The House Committee on Industry and Labor convened at 3:00 p.m. on Wednesday, Jan 30 in 215-E to consider a bill.

House Bill 2646 was on the agenda for the committee, a bill that was picked up from a previous committee meeting.

House Bill 2646 would add a new section under the West Virginia Wage Payment and Collection Act that would add protections for employers and small contractors throughout the state. The section requires that an employee seeking the remainder of wages or fringe benefits after they leave their place of employment to make a written demand to his or her employer requesting those items. The bill would also require the employee to provide the employer 30 days to correct the alleged underpayment or non-payment of wages and fringe benefits, before taking steps to pursue any civil action.

Delegate Buck Jennings, R-Preston, argued for the bill, saying “All this bill would do is give the employer time to pay late wages they may be unaware of,” said Jennings. “This is going to prevent unnecessary class action lawsuits.”

Several delegates, such as Delegate Phillip Diserio, D-Brooke, were concerned about the impact that the bill would have on unaffiliated state workers.

“This bill would highly impact the state construction worker, who is oftentimes more separated from their employer,” Diserio said. “We have people out there without anybody to represent them or fight for them, and this hurts them.”

Geoff Foster, R-Putnam, supported the bill and its amendments.

“This will probably even help the employee get their money quicker and easier with that documentation,” said Foster.

House Bill 2646 was approved by the House Committee on Industry and Labor in a close vote. House Bill 2646 was advanced to the House Judiciary Committee with the recommendation that it do pass.

Judiciary Discusses Bill Regarding Lobbyists

House Committee

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January 30, 2019

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The House Judiciary Committee advanced a bill that prevents professional boards from hiring lobbyists.

The committee took up House Bill 2204 in its Wednesday meeting. The bill prevents professional boards from hiring lobbyists. However, the bill does not prevent board members and directors from lobbying. It also does not prohibit professional boards from lobbying. Instead, the bill designates that only the director or the appointed board members may lobby on behalf of the board.

Some legislators questioned some of the facets of the legislation and expressed concerns rooted in what they described as potential constitutional issues with the bill.

The First Amendment protects an individual’s or association’s right to petition the government. Some regulation as to the form and manner of that speech is permissible. Lobbyist registration requirements are valid.

The committee advanced the bill to the House floor.

Senate Bill 240 was also reviewed along with two other bills. This bill repeals certain legislative rules no longer authorized or that are obsolete. There was a strike-and-insert amendment that added the West Virginia Department of Military Affairs and Public Safety rules to the bill that was adopted. The bill passed the committee and was sent to the House.

The committee also reported House Bill 2691 to the floor. The bill provides that a license to carry a concealed deadly weapon expires on the holder’s birthday.

The committee established a subcommittee to review House Bill 2579 and another bill, House Bill 2744. House Bill 2579 relates to the collection of tax and the priority of distribution of an estate or property in receivership. The bill seeks to clarify conflicts within the code and create uniformity relating to the collection of taxes, the priority of distribution of an estate and to limit the liability of a fiduciary charged with distribution of the estate.

House Bill 2744 would update officer liability provisions for sales tax, which is held in trust by a vendor or merchant, so all types of business structures are included and not just corporations and associations.

The committee is scheduled to meet again Friday.

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House of Delegates Debates Foster Care Bill, Passes Six Bills

House Floor Session

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January 30, 2019

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A bill relating to the foster care system in West Virginia was highly debated on the House floor Wednesday.

The House took up House Bill 2010, which was on the amendment stage Wednesday. Three amendments were offered with two ultimately adopted.

An amendment offered by House Majority Leader Amy Summers, R-Taylor, and Delegate Kayla Kessinger, R-Fayette, consumed much of the debate. The amendment inserted new language in the bill to say: “A residential child care center which has entered into a contract with the department to provide services to a certain number of foster children, shall accept any foster child who meets the residential child care center’s program criteria, if the residential child care center has not met its maximum capacity as provided for in the contract.”

Some delegates expressed concern with the amendment and how it would affect residential care centers.

The House adopted this amendment along with another amendment proposed by Delegate Lisa Zukoff, D-Marshall. Her amendment inserted a section to the bill that would mandate that the managed care organization shall create a voluntary advisory group of foster parents to meet every six months to discuss issues they encounter with the managed care organization.

The House advanced these bills, which were on second reading Wednesday:

Senate Bill 28 which relates to removing hotel occupancy tax limit collects for medical care and emergency services. There was one amendment adopted.

Senate Bill 177 relates to the Fire Commission rule relating to State Building Code.

House Bill 2324 concerns authorizing the acupuncture board to issue certificates to perform auricular acudetox therapy. There was one amendment made to the bill to correct language that was adopted.

House Bill 2503 relates to court actions.

House Bill 2521 relates to permitting fur-bearer parts

All bills for first reading were advanced to second reading.

The House of Delegates will reconvene tomorrow, January 31 at 11 a.m.

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House Committee on Education Advances Two Bills

House Committee

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January 30, 2019

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The House Committee on Education convened at 2 p.m. on January 30, 2019 briefly to have consideration of two bills. Both were reported to the floor with the recommendation that they do pass.

House Bill 2004 was reported back to the Education Committee by the assigned Subcommittee, which proposed an amendment that changed the definition of “apprentice” within the language of the bill, thus changing the applicability slightly.

House Bill 2004 would encourage communication between those in public West Virginia high schools preparing to go into a technical field, and the community and technical colleges that offer those corresponding programs. The bill would facilitate the ability for students to earn credit toward licensure while they’re still in high school, making it a seamless transition into their technical programs.

The bill was also drafted with the intent to help these students graduate early and become license quicker for fields that have a high demand for more employees within the state.

The proposed amendments would add the State Fire Commission to the list of applicable programs, as well as define “apprentice” as a student with the state enrolled in a registered and credible apprenticeship program. The bill also adjusted its language technically.

House Bill 2004 was accepted by the Committee, and voted to advance to the House Floor with the recommendation that it pass.

The House Committee on Education also had a consideration of House Bill 2363, a bill to revise the reportage requirements of the Upper Kanawha Valley Resiliency and Revitalization Program. The bill would extend the length of the program by ending it on June 30, 2024 rather than 2021. The bill would also require the program to report to the Joint Committee on Government and Finance every October.

The bill also requires that the reports be issued to the county school boards of Kanawha and Fayette Counties so that the boards could evaluate the effectiveness of the program.

House Bill 2363 was passed by the House Committee on Education without amendments, and is to be reported to the House Floor in the coming weeks with the recommendation that it do pass.

Senate Passes Bills Prior to Committee of the Whole

Senate Floor Session

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January 30, 2019

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The Senate convened at 9:30 a.m to pass several pieces of legislation prior to the the committee of the whole.

Senate Bills 72, 102, 149, 243, 258 and House Bill 2351 were passed.

Sen. Mike Woelfel, D-Cabell, urged passage of Senate Bill 72 which would create a Sexual Assault Victims’ Bill of Rights. Woelfel rose to inform his fellow Senators on the specific workings of the proposed bill which would include the right to have a personal representative of choice to accompany a victim of assurances throughout the medical process, the right to receive a medical evaluation, the right to be informed by investigators of any test results, as well as many more.

According to the Senator, the bill is intended to help battle the annual average of one in six of the state’s girls falling victim to sexual assault, as well as the one in 22 boys who also fall victim as well.

Senate Bill 149 would exempt certain veterans from carrying concealed weapons license fees and Senate Bill 243 would require racetracks to participate in the WV Thoroughbred Development Fund.

House Bill 2351 relates to regulating prior authorizations.

Senate Bills 4, 199, 233, 256, 297 and 390 were laid over.

The Senate also introduced Senate Bills 468 through 484.

– Senate Bill 468 would eliminate the requirement for schools be closed on election days.

– Senate Bill 470 would provide for periodic payment of verdict awards under Medical Professional Liability Act .

House Committee on Government Organization Lays Over Municipal Home Rule Bill

House Committee

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January 30, 2019

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The House Committee on Government Organization had a consideration of House Bill 2728, a major piece of legislation that would establish West Virginia’s Municipal Home Rule Program as a permanent program, as well as make the program available to several other Class IV cities within the state.

The committee convened at 9 a.m. on Wednesday, Jan 30, in 215-E.

The Municipal Home Rule Pilot Program is currently in place within four cities in the state: Huntington, Charleston, Wheeling, and Bridgeport. The Pilot Program was developed by the West Virginia Legislature in 2007, but due to a sunset provision, the program has to be regularly renewed.

Mayor Steve Williams of Huntington was present to speak before the committee, and maintained the effectiveness of the program as well as reassured the committee that no state laws or federal laws ran the risk of being violated.

“Home rule requires us to have multiple hearings for each proposal,” Mayor Williams said. “We have a lot of public hearings in addition to that, and we have to go before the Home Rule Board.”

House Bill 2728 would establish the program’s permanency, allowing the four cities already established and four new cities every year to utilize municipal home rule without the need for renewal. This program extends the legislative power of individual localities, allowing them to issue taxes and levies and pursue large scale municipal projects without going through state or federal government. Cities are able to issue new taxes, new projects, and even issue referendum votes as long as the laws passed do not violate any state or federal statute.

The cities utilizing the pilot program are under supervision of the West Virginia Municipal League. Lisa Dooley, the Executive Director of the Municipal League, was present to answer questions presented by the committee.

“This is a bill that addresses all of the concerns that got this legislation vetoed previously,” Dooley said in reference to the Governor’s veto of the bill.

“This legislation only allows for four cities every year to join the home rule program,” Dooley said. “I know there were concerns about many cities joining at once and overwhelming the system, and we have worked with the stakeholders to address this.”

Many delegates favored House Bill 2728 for its ability to give cities more power over their own projects and economic needs, but several Democratic delegates were disapproving of some of the technical language included in the bill.

Delegate Mike Caputo (D-Marion) said he took offense to the list of specific prohibitions in House Bill 2728. He argued that the list of rules that municipalities should not prohibit was repetitive, and rhetorically “poked the bear” in regards to West Virginia’s controversially right-to-work laws.

“We don’t need to be poking the eye of the right to work laws,” said Caputo. “This is a battle that’s already over, let’s strike the language that lays out these specific rules. The Municipal League already said they don’t need these specific rules laid out, the language already exists. Because let’s be honest, you’re not concerned about these rules being violated.”

Caputo moved to amend the bill, and strike the language that specifically lays out what state ordinances are off-limits for localities. The amendment passed with a close 13-12 vote, with several members crossing party lines to strike the bill’s language.

After Caputo’s amendment passed, House Bill 2728 was laid over until the next House Government Organization meeting.

The House Committee on Government Organization also had a consideration of House Bill 2420, a bill that would establish a Mountaineer Trail Network Recreational Authority for the purpose of oversight.

The bill would also limit the liability of landowners, set forth purchasing and bidding procedures, and provide for conflicts of interest. House Bill 2420 was passed with a small technical amendment, and was voted to be advanced to the House Floor with the recommendation that it do pass.

Senate Government Organization Sends Five Bills to Full Senate

Senate Committee

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January 29, 2019

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The Senate Committee for Government Organization convened to review five Senate Bills in its Tuesday meeting.

Senate Bills, 90, 323, 324, 357 and 358 were each unanimously voted to be reported to the full Senate with the recommendation that they each pass. Senate Bills 90 and 323 will be referenced to the Senate Finance Committee prior to being reported to the Senate.

Senate Bill 90 would transfer the Safety and Treatment Program from DHHR to DMV.
Senate Bill 323 would establish revenue funding and sourcing to support the Department of Agriculture’s improvement to facilities.
Senate Bill 324 relates to Commissioner of Agriculture employees.
Senate Bill 357 relates generally to the Division of Administrative Services.
Senate Bill 358 would exempt the Purchasing Division purchases for equipment to maintain security at state facilities.

Senate Health Reviews Tobacco Legislation

Senate Committee

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January 29, 2019

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The Senate Health and Human Resources advanced a bill that would prohibit smoking in a vehicle when a minor is present.

The committee met Tuesday afternoon where it took up SenateBill 81. The bill, which prohibits smoking in a vehicle when a minor under 16 is present, was highly discussed.

Sen. Ron Stollings, D-Boone, raised concern over whether vape pens or other electronic tobacco products would be included in the bill. The current version of the bill calls for a fine of $25 if an individual is found guilty of smoking a “lit” tobacco product while operating a vehicle where an individual under 16 is present.

Sen. Mike Azginer, R-Wood, also showed concern over the bill, citing that passage would result in too much government interference within the confines of a parent child relationship.

Dr. Cathy Slemp, interim state health officer and commissioner of the Bureau of Public Health, defended the bill and described the many effects that tobacco products can induce on children. Slemp cited statistics, saying children exposed to tobacco are more likely to contract ear infections and respiratory infections, and when tobacco products are used within a limited space, such as a car, the potential for negative side effects increase.

In response to Stollings’ concerns, Slemp stated that a rapid rise in electronic tobacco use has resulted in a 78 percent increase of teenage tobacco use in 2018— the highest increase since surveying began in 1975.

Following discussion, Stollings offered an amendment that would include electronic products in the current version of the bill. The senator also offered an amendment that would dedicate fines collected through this bill to the state’s tobacco education program.

Sen. Tom Takubo, R-Kanawha, offered an amendment to alter the age of a minor from 16 to 17 and below for minors present in a vehicle.

Following a vote, the committee adopted all three amendments and voted to have a committee substitute of Senate Bill 81 be sent to the full Senate following reference to the Senate Judiciary Committee.

Judiciary Committee Puts Limitations on Judge Per Diem

Senate Committee

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January 29, 2019

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The Senate Judiciary Committee met Tuesday afternoon to discuss seven bills on the committee’s agenda.

Senate Bill 398 relates to per diem compensation for senior judges or justices. The bill would fix the rate of per diem compensation for senior judges or justices by statute and limit the combined annual total of per diem compensation and retirement benefits that may be paid to a senior judge or justice. Currently they are paid $435 per day. The bill would drop it to $430 per day.

Senate Bill 399 relates to senior magistrates, and is in essence similar to Senate Bill 398. The bill would provide magistrates $200 per day for per diem.

Both bills were passed by the committee, and were referred to the Committee on Finance.

Senate Bill 369 relates to generic prescription drugs. The bill would require that when a pharmacist substitutes a drug, the patient shall receive the savings which shall be equal to the difference in acquisition cost of the product prescribed.

Senate Bill 373 relates to the Division of Corrections (DOC) and court ordered mandated for inmates. The bill would allow the DOC to subtract the monies from civil judgments and settlements to be paid towards court ordered obligations of inmates.

Senate Bill 361 would authorize the Public Defenders Services to create a habeas division for persons involved in habeas corpus.

Senate Bill 377 would exclude seasonal amusement park workers from the definition of “employee” for the purposes of maximum hours’ standard.

House Bill 2462 would allow correctional employees to carry, use and handle a firearm in performance of duties, including travel to and from work, after completion of same firearm training as law enforcement. They would be required to re-certify on a yearly basis.

The committee advanced all five bills, which were reported to the full Senate.

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