Blog – Page 147

Senate Legislation Jan. 28-Feb. 1

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February 1, 2019

As of 4 p.m. Friday, February 1, 2019, the 24th day of the first regular session of the 84th Legislature, 511 bills have been introduced to the senate. Of those bills, 48 have passed and have been sent on to the House for further consideration.

SB 4: The Municipal Home Rule Pilot Program will sunset on July 1, 2019. The bill would make the Program become a permanent law, and will no longer sunset.

SB 55: The bill would amend and updates W.Va. Code §17B-2-3a on graduated driver’s licenses. This bill would prohibit a holder of a level three driver’s license who is under 18 from using a wireless communication device while operating a motor vehicle. Such prohibition does not apply if the use of the wireless communication device is for contacting a 9-1-1 system. The bill would make violations of a level three driver’s license condition subject to the section’s penalty provision, which provides monetary fines. The bill would also include stylistic updates and corrections

SB 63: The bill would allow partial filling of prescriptions of controlled substances listed in Schedule II. Partial filling would be permissible if (1) it is written and filled in conformity with this article (2) the partial fill is requested by the patient or prescribing individual practitioner that wrote the prescription (3) the total quantity dispensed in all partial fills does not exceed the total quantity prescribed.

SB 72: This bill would create a section of the code titled Sexual Assault Victims’ Bill of Rights. It gives a sexual assault victim the following rights: 1. The right to receive a forensic medical examination; 2. The right to have a sexual assault evidence collection kit tested and preserved; 3. The right to be informed of the results of any forensic medical examination (if such disclosure would not impede or compromise an ongoing investigation); 4. The right to receive notification of evidence obtained from a forensic medication examination no fewer sixty days prior to the date of the intended destruction or disposal of said evidence; 5. The right to have said evidence to be preserved for an addition period not to exceed ten years as a result of a written request;

SB 101: The purpose of the bill would be to equalize the criminal penalties for intimidating (prior to proceeding) and retaliating (post proceeding) against public officers and employees, jurors and witnesses; increase the penalty for intimidation of such persons to a felony; and to establish criminal penalties.

SB 102:he purpose of the bill is to authorize certain West Virginia courthouse security officers to carry concealed firearms while off duty with court approval.

SB 103: The bill relates to the Public Defenders Services (PDS). The bill would transfer authority from judges to the PDS to review, approve, modify, or refuse panel attorney vouchers.

SB 124: Under the bill, a person who is convicted of cruelty to animals that caused bodily injury to or death of an animal or who is convicted of a second or subsequent violation of cruelty to an animal would be guilty of a felony and subject to confinement in a state correctional facility for 1-5 years and a fine of $1,000 to $5,000. Cruelty includes intentionally, knowingly or recklessly mistreating an animal in a cruel manner, abandoning an animal, and withholding food, water, shelter or medical treatment.

SB 149: The bill would exempt honorably discharged veterans of the Armed Forces of the United States from fees and costs required by this section for a license to carry deadly weapons. This exemption already applies to former law-enforcement officers who are honorably retired.

SB 187: Relates to the State Tax Department and to exchange of information agreements between State Tax Division and certain state agencies.

SB 199: Athletic Commission rule relating to administrative rules of State Athletic Commission. The bill would which allows promoters to schedule single-night semi-professional boxing or kick-boxing events using one of three different formats.

SB 233: The bill would raise the maximum age at which an individual may apply to be a deputy sheriff from 45 to 50 years of age.

SB 236: The bill would provide notice of eligibility to persons to vote after completion of punishment or pardon. The bill would require an agency having custody or supervisory authority over a convicted person who is ineligible to register vote to give notice of the renewed right to register to vote and a voter registration form upon release or discharge from custody.

SB 241: The Committee Substitute for SB241 would allow a county commission to authorize the county clerk to record documents by scanning them in electronic format instead of placing them in books, and not prepare separate indices of those documents. The committee substitute would also allow the county commission to authorize the clerk to scan and replace existing books, but requires that the existing books be retained, either on or off site.

The county commission’s authorization is to be made in accordance with the provisions of West Virginia Code §5A-8-15, which is the section of the Public Records Management and Preservation of Essential Records Act specifically applicable to counties.

SB 243: The bill eliminates the requirement that a county must have participated in the West Virginia Thoroughbred Development Racing Fund in order to receive any amount of net terminal income in excess of the amount of net terminal income generated by a licensed racetrack.

SB 256: The bill would allow certain deductions to be made from individual personal income tax refunds for purposes of providing nursing home and health care for aged and disabled veterans in the West Virginia Veterans Home and for purposes of operating and maintaining the Donel C. Kinnard Memorial State Veterans Cemetery.

SB 258: The bill amends the Uniform Limited Liability Company Act. The bill also nullifies the Supreme Court of Appeals of West Virginia’s decision in Joseph Kubican v. The Tavern.

SB 264: The bill would include the Crime Victim’s Fund as an entity which may obtain reimbursement from defendants for money given a victim.

SB 264: The bill would update the state’s corporate net income tax law to bring terms in conformity to federal law.

SB 269: The bill would update the West Virginia personal income tax to make it conform to federal tax code.

SB 270: The bill would make the process for utilities to gain access to DOH rights-of-way more efficient.

SB 297: The bill would extend the expiration of the driver’s licenses of military members’ spouses until six months after the date on which the person member is separated from active duty in the Armed Forces under honorable circumstances.

SB 331: The bill would authorize the tracking of wounded or injured deer or bear with leashed dogs. The bill also clarifies what is to be done with dogs that have hunted or chased deer.

SB 332: The bill would expand the conditions of permanent disability required for issuance of a Class Q permit.

SB 390: The bill would to require Electric Utilities to submit feasibility studies of potential middle-mile broadband internet service projects to the Broadband Enhancement Council for the council’s consideration.

HB 2351: The bill aims to streamline PEIA authorization documents. House Bill 2351 would establish an objective guideline for forms and deadlines that PEIA, managed care organizations, and private commercial insurers would abide by when it comes to prior authorization.

House Passes Bill to Expand Broadband Services

Andrea Lannom

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February 1, 2019

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House Passes Bill to Expand Broadband Services

“We Need to Treat Internet Like a Utility.”

A bill that overwhelmingly passed the House this week aims to encourage broadband expansion in the state.

House Speaker Roger Hanshaw, R-Clay, described the bill as critical, not only in providing people with a necessary service but also in enhancing West Virginia’s economy.

House Bill 2005, the Broadband Expansion Act of 2019, is the third in a series of broadband bills passed in the last three years.

This year’s bill focuses on wireless technology. Hanshaw explained it is difficult to quantify how many people would get access to broadband should the bill become law because the goal is more broad in making it easier for the private sector to expand.

“We need to treat internet like a utility,” Hanshaw said. “We treat water, sewer, telephone, and roads like true utilities and true instruments of commerce. In the 21st century, connection to a reliable internet service is a utility and it’s time to treat it like one.”

Hanshaw outlined the different facets of the bill. It incentivizes construction of wireless towers over the course of the next five years. The bill creates the Wireless Technology Business Property Valuation Act, which sets forth a method of evaluating valuation of wireless technology for tax purposes to reduce costs. The hope is that this would give developers incentive to construct wireless technologies.

The bill also authorizes small-cell facilities to be deployed around the state. Hanshaw said one carrier expressed a commitment of funding about $50 million in small-cell wireless facilities if the bill is signed into law.

Hanshaw explained the bill also authorizes the Public Service Commission (PSC) to take jurisdiction over laws related to pole attachment as opposed to the Federal Communications Commission, which currently oversees this.

“Right now, it’s all done by the FCC,” Hanshaw said. “If a state wishes to locally regulate, then it has to pass a bill like this. We are doing this to allow that regulation to happen locally.”

“States were only given that authority in the last eight months,” Hanshaw further explained. “Historically, this has been a federal regulatory regime only. There are lots of things like that where until the federal government gives up what is called preemptive authority and lets the state regulate that you’re stuck.”

Under the bill, power companies, which own many of the poles in West Virginia, would be required to study their infrastructure to see if they can connect broadband in what is called the “hot zone” of the pole. This is an area where electricity is run. Electric companies would run their own broadband fibers into this zone and then lease to telecom companies.

“Right now, that’s off limits, so utilities have to run below it,” Hanshaw said. “What this creates is essentially a hard stop on where the fiber can be run.”

“The way it’s set up is utilities are required to go to every home that wants it,” Hanshaw said. “That means they already have the pole network there. It’s already in place to put in fiber. This differs from telecommunications companies that would have to put a pole in the ground and make that investment. Power companies do this anyway because of Smart Meter reading for billing. They are running their own fiber anyway to all these homes. If they run their own fiber anyway, they can run a bit more and lease to telecom providers.”

This year’s bill, which focuses on wireless technology, builds upon two bills passed last year and in 2017. Last year, the Legislature passed House Bill 4629 and in 2017, the Legislature passed House Bill 3093. All three bills aim to lower barriers to let private companies expand services. However, some, including Delegate Brent Boggs, D-Braxton, are cautious about the bill. Although Boggs supported the bill and said he was happy to see it pass, he felt legislators should ensure that providers focus on rural areas.

“Historically, we’ve moved several of these initiatives forward over the years with limited success,” Boggs said. “It’s really important that anything we do lifts up all boats across the state, especially people in unserved or underserved areas.”

Boggs did not mention any problems specifically dealing with the bill but expressed his main issue as what he described as a need of continued monitoring.

“The bill is designed to do all of that but I want to make sure that carriers don’t just go for low-hanging fruit, leaving the more expensive and more challenging unserved and underserved areas,” he said. “Let’s do 5G and make sure that as we do that, we get people who have no service or are underserved too.”

Boggs said many people in his area have reached out to him about the need for broadband.

“I got an email from a lady who barely gets 1G service. She can’t send pictures. Her kid can’t do his homework,” he said. “It’s demoralizing. When they hear about this, they get excited but then feel like government has let them down later. That’s where we’ve dropped the ball over the years. We pass good things but don’t follow up to make sure that it’s benefitting people in our state.”

Boggs suggested having continuous monitoring conducted through interim committees so legislators can keep updated on progress made along with plans for future projects.

“We have an obligation to make sure that we hold carriers and all the parties to this bill accountable, including the PSC,” Boggs said. “The PSC has limited oversight but it’s something we need to look into as well.”

The Senate has referred this bill to Government Organization and then Finance.

Committee on Prevention and Treatment of Substance Abuse Addresses Two Bills

House Committee

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January 31, 2019

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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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