Blog – Page 149

Senate Finance Discusses Bills, Reviews Budget Presentation

Senate Committee

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January 28, 2019

The Senate Finance Committee reviewed three bills and two budget presentations, 3 p.m. Monday, Jan. 28.

Representatives from the West Virginia Bureau of Senior Services and the West Virginia Department of Arts, Culture and History came before committee members to present their budget proposals for fiscal year 2020.

Robert Roswell, commissioner for the West Virginia Bureau of Senior Services, requested a total of $29,950,955 towards their general revenue for the upcoming fiscal year, the exact amount of their fiscal year 2019 budget.

Following the bureau’s presentation, Randal Reed Smith, commissioner of the West Virginia Department of Arts, Culture and History, requested a total of $5.1 million prior to acknowledging the many successes of the department. According to Smith, the state’s museums were named among the top 25 in the nation despite receiving a cut to grant funding.

“As the economy of the state gets better, we hope to receive more money for appropriations to get grant funding where it once was,” Smith said.

The committee also reviewed Senate Bills 100, 103 and 264, and unanimously voted to send each of the bills to the full Senate with the recommendation that they each pass.

Senate Bill 100 would increase court fees to fund law enforcement standards training and expenses.
Senate Bill 103 relates generally to Public Defender Services.
Senate Bill 264 would require courts to order restitution to crime victims where economically practicable.

Intermediate Appellate Bill Passes Senate Judiciary

Senate Committee

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January 28, 2019

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The Senate Committee met on Monday afternoon to continue discussion over Senate Bill 266 which was held over from last Friday, Jan. 25.

The bill would create an Intermediate Court of Appeals for the state of West Virginia, and would have limited jurisdiction over what cases the Court could hear.

The Committee heard arguments for and against the bill over the course of the meeting. Evan Jenkins, West Virginia State Supreme Court Justice, was in attendance to represent the Court. He provided information of the case load status of the Court. Justice Jenkins went on to add that the Supreme Court was now caught up from the cases on hold from 2018 after the Impeachment hearings.

Mark Hayes, Vice President of the West Virginia Defense Trial Counsel, spoke to the Committee in favor of the bill. Hayes argued than adding an appellate court would provide more opinions that could be used as precedent.

Anthony Majestro, President of the West Virginia Association for Justice, spoke to the Committee in opposition of the bill. Majestro argued adding and appellate court would slow down the appellate process even longer than it already is.

After more discussion and deliberation, Senator Clements, Wetzel – R, proposed a conceptual amendment that cases involving surface/mineral rights of land owners with oil and gas companies goes directly to the Supreme Court instead of the proposed Intermediate Court. The proposed amendment passed 13 to 4, and was added to the bill.

The Committee approved the bill, and was referred to the Senate Committee on Finance.

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Judiciary Reviews Three Bills Required for Insurance Accreditation

House Committee

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January 28, 2019

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The Judiciary Committee reviewed and advanced three bills that are required for the state to remain accredited within the National Association of Insurance Commissioners.

House Bill 2474 relates to a reserving methodology for health insurance and annuity contracts. The bill prescribes the minimum standard of valuation for health insurance contracts. The legislation is needed for the State of West Virginia to remain accredited.

House Bill 2479 relates to the Corporate Governance Annual Disclosure Act. The bill requires insurers writing more than $500 million or insurance groups writing more than $1 billion, in annual premium to maintain an internal audit function providing independent, objective and reasonable assurance to the insurer’s or insurance groups audit committee regarding the insurer’s governance, risk management, and internal controls. The bill also requires an insurer or insurer group to annually provide a confidential disclosure regarding its corporate governance practices.

House Bill 2480 relates to regulation of an internationally active insurance group. This bill provides authority to designated state insurance commissioner to act as a group-wide supervisor for an internationally active insurance group.

The committee’s last bill of the day, House Bill 2536, refers to mine subsidence insurance. The bill sought to clarify that if a policyholder has other insurance or other sources of remuneration for a loss covered by mine subsidence insurance, the Mine Subsidence Insurance Fund is only liable for the portion of the loss which the other insurance or other source of remuneration will not cover. The committee ultimately rejected the bill.

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House Government Organization Committee Considers First Senate Bill

House Committee

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January 28, 2019

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The House Committee on Government Organization met at 2 p.m. on Monday, Jan. 28 in 215-E to consider two pieces of legislation, one of which was the first Senate bill considered by the committee since the beginning of the first regular session of the 84th West Virginia Legislature.

Senate Bill 255 would add three members of the public to the Emergency Medical Services Advisory Council, increasing the number of board members from 15 to 18.

Several delegates, such as Delegate Eric Nelson (R-Kanawha), raised concerns regarding the number of board members being even. Additionally, Delegate Nelson raised the question of just replacing 3 of the existing 15 members on the board with members of the public, instead of allocating the funds necessary to pay the 3 new members.

“The Emergency Medical Services Advisory Council meets twice a year, so the taxpayer cost would be minimal,” said Delegate Michael Angelucci (D-Marion). “The addition of these three members of the public would add a unique perspective to the board, but replacing existing members would mean getting rid of three vital experts who currently serve on the board.”

After a small discussion regarding the technical implications of the bill, Senate Bill 255 was advanced unanimously to the House Floor with the recommendation that it do pass.

The House Committee on Government Organization also had a consideration of House Bill 2679, a bill that would allow West Virginia citizens to receive valid state identification cards with the option to opt out of a photo ID if it violates an individual’s religious beliefs.

Private establishments that require the use of a photo identification, such as places serving alcoholic beverages, would not be legally bound to accept the proposed state identification cards as a replacement.

“There’s a specific reason why this bill is being considered,” said Delegate Scott Cadle (R-Mason). “Amish people in this state can’t get their checks cashed at banks without a photo ID, and we want to make it possible for these people to be able to cash their checks.”

Delegate Chris Phillips (R-Barbour), the lead sponsor of House Bill 2679, stated that he had met with his local bank president, who told him that the passage of the bill would greatly help the Amish community within the state of West Virginia.

House Bill 2679 passed unanimously, and was advanced to the House Floor with the recommendation that it do pass.

House Committee on Technology and Infrastructure Advances Two Pieces of Legislation

House Committee

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January 28, 2019

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The House Committee on Technology and Infrastructure convened at 1 p.m. on Monday, Jan. 28 in 215-E to consider four pieces of legislation. One House Bill was advanced, one House Concurrent Resolution was advanced, and two pieces of legislation were tabled during this meeting.

House Bill 2070 is a bill that would make it legal for motorcyclists in the state of West Virginia over the age of 21 to ride or be passengers on motorcycles without a helmet and face no repercussions. This bill, which generated a lot of discussion at the last House Tech and Infrastructure Committee meeting, was tabled until the next meeting.

House Bill 2452 would establish a cyber security framework within certain state agencies. This bill would allow the West Virginia Office of Technology to establish a Cybersecurity Office within their department to facilitate a software program to strengthen the cyber security checks within state agency devices. This bill would be applied to all state agencies except for institutions of higher education, the county board of education, the WV Legislature, and the WV Judiciary. Agencies would be subject to cyber security risk assessment, adherence to enterprise standards, and plans of action in the event of a cyber-attack.

Joshua Spence, the Chief Technology Officer for the West Virginia Office of Technology, was present to answer questions the committee had pertaining to the legislation.

Spence stated that House Bill 2452 would require an upfront cost of $4.2 million in order to hire consultants and purchase the necessary software, but the cost of the agencies addressing the threats to their devices must be absorbed by the agencies.

When questioned about the need for a centralized entity for a WV Cybersecurity Office, Spence stated that there was “a need for a central body to drive the discussion on cyber threats” and that “one information system could have hundreds or even thousands of threats to one device”.

Spence pointed to the recent example of South Carolina, a victim of a major cybersecurity attack in 2012, that ended up costing the state $14 million. Spence stated urgency to address the gaps in the way West Virginia’s cyber infrastructure is currently reviewed.

“The threat is here now,” Spence said. “We have the department; this just gives us more functionality.”

Delegate Daniel Linville (R-Cabell) proposed an amendment to House Bill 2452, which would make several technical changes as well as subject the WV Cybersecurity Office to yearly progress reports to be submitted to the WV Legislature. This amendment was adopted by the committee unanimously.

House Bill 2452 was ultimately advanced to the House Floor with the recommendation that it do pass, but it first be referred to the House Committee on Government Organization.

The second piece of legislation to be considered was House Concurrent Resolution 8, which would facilitate an engineering study for a cost-benefit analysis. This is a resolution that would request the WV Division of Highway to conduct an engineering study on the extension of a WV highway on WV Route 9, bypassing the town of Hedgesville.

An amendment proposed by Delegate Gary Howell (R-Mineral) would connect the proposed road to Route 220. Howell’s amendment passed unanimously.

House Concurrent Resolution 8 was advanced by the Technology and Infrastructure Committee to the House Rules Committee.

The fourth item on the agenda, House Bill 2539, was tabled until the next House Technology and Infrastructure Committee meeting.

Natural Resources Committee Sends Three Bills to the Senate Floor

Senate Committee

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January 28, 2019

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The Senate Committee on Natural Resources met on Monday afternoon to discuss bills on the agenda.

Senate Bill 331 relates to leashed dogs tracking mortally wounded animals. The bill would authorize the tracking of wounded or injured deer or bear with leashed dogs. The bill would also clarify what is to be done with dogs that have hunted or chased deer that is not mortally wounded.

Senate Bill 332 relates to Class Q special hunting permit for disabled persons. The bill would expand the class of people who may wish to pally for a class Q license. The license allows people with certain disabilities to hunt while in a motor vehicle, and the bill adds requirements for people to qualify for this class of license.

Senate Bill 389 relates to allowing developmentally disabled persons to purchase base hunting licenses. The bill would allow persons with developmental disabilities to receive a base hunting license and to satisfy the training requirements of this section through a modified training course. The bill would also authorize person with developmental disabilities to lawfully hunt while accompanied and directly supervised by another hunter, and provides criminal penalties for violation of this subsection.

The Committee unanimously approved all three bills, and were reported to the Senate to be voted upon.

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House of Delegates Passes Broadband Expansion Bill

House Floor Session

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January 28, 2019

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The West Virginia House of Delegates passed the Broadband Expansion Act of 2019.

The House took up House Bill 2005 Monday and considered three amendments—two of which were adopted.

Delegate Barbara Evans Fleischauer, D-Monongalia, defended her amendment, claiming the tax structure involved in the bill would be unconstitutional and her amendment sought to correct this issue.

Delegate John Shott, R-Mercer, argued the amendment was unneeded and that there had been no issues reported by the state Supreme Court. The House rejected the amendment.

The bill passed the House and will be reported to the Senate.

Four other bills were passed in the House today:

House Bill 2036 relates to permitting vehicles displaying disabled veterans’ special registration plates to park in places where persons with mobility impairments may park.
House Bill 2209 allows military veterans who meet certain qualifications to qualify for examination for license as an emergency medical technician.
House Bill 2547 relates to the election prohibition zone.
House Bill 2600 relates to the publication of sample ballots.

All other bills for second and first reading were advanced and the House adjourned.

The House also passed a resolution to memorialize the life of the Honorable Paul W. Mckown, veteran, athlete, teacher, coach, and public servant.

The House of Delegates will reconvene Tuesday at 11 a.m.

Senate Sends Education Reform Bill to Committee of the Whole

Senate Committee

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January 28, 2019

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Senators from the majority party motioned a call for a committee of the whole to review the comprehensive education reform bill.

Sen. Roman Prezioso, D-Marion, questioned the body following a call for the entire Senate body to review Senate Bill 451, a bill which would create comprehensive education reform.

Prezioso raised concern over Senators seeking to quickly advance the multipurpose bill.

Sen. Ryan Weld, R-Brooke, further explained that the idea behind the motion was to give Senators who are unaffiliated with the Senate Education and Finance Committees an opportunity to ask questions surrounding the bill.

Further Democrats rose in opposition to the motion, yet following a call for the yays and nays, the motion passed.

Members also passed Senate Bills 55, 101, 124, 241, 268 and 269.

Senate Bill 124 would create a felony offense for actions of cruelty to animals which cause serious injury or death of animal.
Senate Bill 241 would permit county court clerks to scan certain documents in electronic form.

Senate Bill 440 through 450 were also introduced to the Senate.

Senate Bill 441 relates to higher education campus police officers.
Senate Bill 445 would increase salaries of WV State Police, public school teachers, and school service personnel.
Senate Bill 450 would exempt recipients of the Purple Heart medal from paying vehicle registration fees.

The following committees will be meeting today:

The Senate Committee on Natural Resources will meet at 1:45 pm in 208W.
The Senate Committee on Banking and Insurance will meet at 2:15 in 451M.
The Senate Finance Committee will meet at 3 p.m. in room 451M.
The Senate Judiciary Committee will meet at 3p.m. in room 208W.

The following committees will be meeting tomorrow:

The Senate Military Committee will meet at 10 a.m. in 208W.
The Senate Roads and Transportation Committee will meet at 10 a.m. in 451M.
The Senate Education Committee will meet at 2 p.m. in 451M.

The Senate Education Committee convened to read over the comprehensive education refo

Senate Committee

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January 25, 2019

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The Senate Education Committee convened to read over the comprehensive education reform bill, 1 p.m. Friday, Jan. 25.

The proposed bill, which would bring about major reform to the state’s education system in addition to establishing public charter schools, prompted many questions from Senators.

The bill contains a large section pertaining to the formation of public charter schools, in addition to language which aids in establishing the public charter school.

Many Senators raised questions concerning this section, mainly concerning if money allocated from public charter schools would be drawn from public school boards. Rucker stated that 90 percent of a public charter school’s funding would be derived from a local public school boards.

Sen. John Unger, D-Berkeley, showed concern for the amount of public school board funding which could potentially go towards the formation of a charter school. The Senator asked how a community may choose or refuse the establishment of a public charter school, to which the committee chair called upon Emily Schultz, director of state advocacy and policy at the National Alliance for Public Charter Schools.

Schultz explained that a charter school authorizer would have to recognize a need for the charter school within a community and then measure the desire of local citizens to establish the school. To measure this desire, the community would have to participate in public forums and gain letter of references.

The director clarified that public charter schools aren’t the answer for every community, and if citizens have no interest in establishing a charter school, planning for the school with cease.

“These schools won’t be the solution for everyone, but some have shown to have useful tool for serving students,” Shultz said.

Shultz also stated that there is a national charter school fund which could potentially allocate up to $400 million to be used for establishing schools.

When comparing public charter schools to public school systems, Shultz also discussed two differences based on food service and transportation. The committee learned that food service providers are usually contracted out for charter schools, while charter schools offer no form of transportation money. According to Shultz, transportation has historically caused a strain on charter schools.

Committee members received updated versions of the bill which contained amendments that were added following the introduction of the bill on Thursday afternoon.

The committee reviewed a nine page abstract which outlined major changes in the bill pertaining to—

PEIA coverage
School levy systems
A new $250 tax credit for teachers
A new open enrollment process
An increase in the state’s student/teacher ratio
Specified responsibilities for school counselors
A modified school calendar
A teacher’s input on the promotion of students
Creation of separate allocations to be used for exceptional students
A five percent pay increase for teachers and service personal, including additional pay compensation for teachers who are fully certified to teach in math classes.
Establishment of individuals counties qualifications concerning employment
Establishment of education savings accounts, also known as, ESA’s.

Rachelle Engen of the Institute for Justice came before the committee to explain that ESA’s are funds transferred from a treasure to the parents of a students for the use of tuition money. The money is intended to be used to cover tuition costs for online or private school and materials.

Engen explained that ESA’s have no fiscal impact on public schools and are intended to grant parents the opportunity to enroll their student in a private school.

Following a brief discussion, the Senate Education voted to report the bill out to the floor but first be referenced to the Senate Committee on Finance

Judiciary Discusses and Advances Foster Care Bill

House Committee

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January 25, 2019

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The Judiciary Committee convened Friday, taking up a bill that updates regulations of the foster care system.

Under House Bill 2010, the West Virginia Department of Health and Human Resources would be required to change its rules regulating foster children in a way that would allow parents to treat foster children the same as they would treat their natural children. This would ensure foster children are able to travel and participate in the same activities that other siblings in the family can enjoy.

The committee considered several amendments including one suggested by Delegate Barbara Evans Fleischauer, D-Monongalia, and Delegate Shawn Fluharty, D-Ohio. This amendment provided a new section in the bill requiring the department to conduct a study and make recommendations for improving services provided for kinship foster care families. The committee advanced the bill in a 13-11 vote and the bill next heads to the House floor.

The committee passed Three other bills, which next head to the House floor. House Bill 2521 relates to permitting fur-bearer parts.

The bill provides that in addition to pelts, other parts may be sold, traded or bartered. These include carcasses for making lures and baits; carcass parts including glands, skulls, bones, urine, and claws taken during the legal season. The bill also adds language permitting the sale, trading or bartering of the hide and tails of legally killed squirrels.

House Bill 2503 modifies right to counsel for non-offending parents in abuse and neglect cases. This bill seeks to address the issue of abuse and neglect cases often hosting numerous attorneys appointed to represent non-offending parents whose parental rights are not implicated in the action.

The last bill reviewed was Senate Bill 177, which relates to the Fire Commission rule relating to State Building Code. The current rule provides guidance for all building and construction throughout the state. This bill amends a current legislative rule by adding a required sunset provision and updating an energy efficiency standard for commercial buildings from the 2007 edition to the 2010 edition of the International Property Maintenance Code.

The Judiciary Committee is scheduled to meet Monday, January 28, 2019 at 9 a.m.