Blog – Page 147

Judiciary Committee Reports Three Bills to the Senate

Senate Committee

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January 31, 2019

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.

Senate Reviews Education Reform in Committee of the Whole

Senate Committee

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January 30, 2019

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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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