Blog – Page 151

House Health and Human Resources Committee Advances Six Bills

House Committee

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January 24, 2019

The House Committee on Health and Human Resources convened at 2 p.m. on Thursday, January 24, in 215-E to consider six pieces of legislation.

House Bill 2407 was first on the agenda, a bill to modernize the Nursing Practice Act. This bill would require that registered professional nurses in the state cannot practice without a license. Additionally, the bill also renames the board that oversees registered nurses, details the requirements for the composition of that board, and establishes permit and license requirements.

This bill passed the committee without question, and was advanced to the floor with recommendation that it should pass.

House Bill 2492 was also advanced to the House Floor without much discussion. This bill would revise the communication mechanism in which abuse and neglect cases could be reported within the state. It would allow the WV Department of Health and Human Resources to explore other methods of reportage that victims could access, such as an electronic portal.

House Bill 2524 would permit a West Virginia license pharmacist to move prescriptions for maintenance drugs that are for thirty days to be 60 or 90-day prescriptions when needed. In order for a pharmacist to do this, a list of criteria must be met for both the patient and the drug being administered. This would mostly apply to medications such as birth control, which are taken by a patient over a long term period.

Delegate Mike Pushkin (D-Kanawha) proposed an amendment to this bill, which would address the issue of some West Virginians in rural locations not having access to life-saving drugs or consistent transportation to get those consistent drugs.

Pushkin referenced a specific case of a man in Ohio who died because he could not get an emergency refill of his insulin.

The amendment to HB2524, which would allow a pharmacist to dispense certain drugs that are considered to be over Schedule II for a 72-hour period. Pharmacists would also have the option to allow for an individual to get a 30-day emergency refill for non-controlled substances, rather than the current 10-day refills they can currently get.

After members from the West Virginia Board of Pharmacy said that the amendment to the proposed legislation could be of benefit to them, Pushkin’s amendment passed overwhelmingly.

House Bill 2524 advanced to the floor with the recommendation that it pass as amended.

House Bill 2525 would permit licensed pharmacists to administer tobacco cessation therapy drugs to people over the age of 18 in the state of West Virginia without having to have a prescription. This bill was voted to advance to the House Floor with recommendation that it should pass.

House Bill 2531 would permit advanced nurse practitioners with a specialization in psychology to perform assisted therapy with the proper training. This would allow for more staffing opportunities for struggling state mental health facilities, which struggle to employ mental health experts. This bill was advanced to the floor with the recommendation that it should pass.

House Bill 2530 would create a voluntary certification for state recovery residencies, if they choose to become a part of the certification process. The DHHR would have discretion over how they facilitate accreditation, and how they evaluate the practice of the certified residencies. The bill has no force of law, and is completely voluntary.

House Bill 2530 was advanced to the House Floor with recommendation that it should pass.

Committee Passes Bills Regarding Financial Exploitation

House Committee

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January 24, 2019

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A House committee passed two bills delegates hope will help protect the elderly from financial exploitation.

The Committee for Seniors, Children, and Family Issues met Thursday, taking up House Bill 2618. This bill includes undue influence as a factor in the definition of financial exploitation of an elderly person or protected person. There have been many cases where undue influence has been the major factor of cases concerning the elderly, but were dismissed in court because that term is not recognized with financial exploitation. The bill passed and will be referred to the Judiciary Committee.

The second bill, House Bill 2614, provides protective orders for victims of financial exploitation. The committee adopted a small amendment to the bill to make minor grammatical errors in the bill. The bill passed and will also be reported to the Judiciary Committee.

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Raleigh County Delegate Urges House to Decriminalize Cannabis

House Floor Session

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January 24, 2019

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Citing West Virginia’s population decline and economy, Delegate Mick Bates urged House members to take up a bill that would decriminalize cannabis in West Virginia.

Bates, D-Raleigh, addressed the House in Thursday’s floor session, urging support of House Bill 2331, relating to legalizing cannabis production, sales and adult consumption, of which he is the lead sponsor.

“Cannabis can fix the greatest problem West Virginia faces, cannabis is the single greatest economic opportunity West Virginia has,” Bates said.

Six bills on third reading passed in the House without any discussion;

House Bill 2346 relates to changing the licensing requirement for certain casino employees.
House Bill 2360 relates to placing the Athletic Commission under the Lottery Commission.
House Bill 2412 relates to criminal acts concerning government procurement of commodities and services.
House Bill 2422 concerns the time for the observation of “Celebrate Freedom Week.”
House Bill 2459 exercises authority to exempt individuals domiciled within the state from certain restrictions contained in federal law.
House Bill 2462 concerns the issuing of a certificate to correctional employees to carry firearms.

The House will reconvene Friday at 11 a.m.

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Senate Honors West Virginia University

Senate Floor Session

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January 24, 2019

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The Senate passed Senate Resolution 20 which designated Jan. 24 as WVU and WVU Extension Service Day at the Legislature.

The university’s president, Gordon Gee, accepted the resolution on behalf of faculty and staff from the university.

Members of the Senate also passed Senate Resolution _, which also designates Jan. 24 as Human Resources Day.

Sen. Robert Beach, D-Mononalia, rose to address the Senate and thank the state’s Human Resources employees for their service.

Senate Bill 223, a rule bundle which would authorize theDepartment of Commerce to promulgate legislative rules, passed while Senate Bills 410 through 425 were introduced.

Senate Bill 412 would establish the Katherine Johnson Fair Pay Act of 2019.

Senate Bill 420 would allow the county commissions to impose amusement tax.
Senate Bill 422 would increase supplemental appropriations to the Public Defender Services.

The following committees will meet today:

The Senate Committee on Health and Human Resources at 1 p.m. in 451M.

The Senate Committee on Energy, Industry and Mining will meet at 1 p.m. in 208W.
The Senate Committee on Education will meet at 2 p.m. in 451M.
The Senate Government Organization Committee will meet at 2 p.m. in 208W.
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 committees will meet tomorrow:

The Senate Judiciary Committee will meet at 9 a.m. in 208W.

DHHR to Gain 400 Detox Beds, Begin New Treatment Technique

House Committee

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January 23, 2019

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The West Virginia Department of Heath and Human Resources will reportedly gain 400 detox beds by the end of the year, Bill Crouch, cabinet secretary of the WV DHHR said.

The Cabinet Secretary addressed the Senate Finance Committee to update the committee about the department while also presenting their fiscal year 2020 budget request.

Crouch said that the DHHR’s addition of detox treatment beds are intended to help aid in the rehabilitation process used to battle the state’s opioid crisis. The addition would put the total amount of detox treatment beds within the state at 900.

Committee members were also introduced to a new treatment plan which is being planned by the DHHR. Crouch explained that the new treatment process would be unlike anything that’s currently being used and will begin helping individuals plan for life following discharge from treatment once they enter treatment facilities.

“What we did to fight this problem two years ago won’t work today,” Crouch said,

In order to aid individuals in treatment, Crouch said that transition agents will also be put into place to help an individual create a plan for reentering the workforce. In addition to a transition agent, Crouch said that support services will be offered during and after an individuals treatment.

“We have to be prepared to pick up where an individual has left off so we can get them into productive life,” Crouch said. “This is an approach that no other state is using.”

Crouch also discussed the state’s current child welfare crisis which he said is a direct result of the opioid crisis.

“We’ve got to tackle the drug problem to get a better handle on the child welfare problem,” Crouch said.

As a way to tackle the issues, Crouch explained that the department has recently added over 50 Child Protective Services workers by asking existing DHHR workers to become CPS workers and placed in a community.

“CPS workers are the foundation of our child welfare system, but we need more,” Crouch said.

Along with the addition of more CPS workers, the DHHR is setting aside a large portion of their budget to help battle the child welfare issues according to Jeremiah Samples, deputy secretary of state at the Department of Health and Human Resources. Other areas featured within the budget include, … and ….

Sen. William Ihlenfeld, D- Ohio, addressed Samples to ask if additional money in areas of the budget could go towards sexual assault prevention. Currently, prevention for sexual assault receives $125,000 of the DHHR’s budget.

“If there is any way we could put more money into assault prevention it would be money well spent,” Ihlenfeld said. “The rape crisis centers are operating on crumbs.”

Samples explained that over the past six years, the DHHR’s budget cuts have resulted in a total of $321,080,767.

In total for fiscal year 2020, the DHHR is currently requesting $2,123,487,552.

Judiciary Committee Approves Partial Fill of Prescription Bill

Senate Committee

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January 23, 2019

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The Senate Committee on Judiciary met Wednesday afternoon to discuss two bills.

Senate Bill 63 relates to partial fill of a prescription. The bill would allow partial filling of a prescription of a controlled substances listed in Schedule II. The bill provides that the partial filling of a prescription is permissible if:

· It is written and filled in conformity with this article

· The partial fill is requested by the patient or prescribing individual practitioner that wrote the prescription

· The total quantity dispensed in all partial fills does not exceed the total quantity prescribed.

Senate Bill 236 relates to voting privileges of people convicted of certain crimes. The bill would provide notice and an opportunity to persons convicted of certain crimes that they are eligible to vote after completion of their punishment. The bill would require people to be notified within one week of completing their full punishment or receiving a pardon.

Both bills were unanimously approved, and were reported to the full Senate to be voted upon.

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Agriculture Committee Looses Restrictions on Cottage Foods

Senate Committee

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January 23, 2019

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The Senate Committee on Agriculture and Rural Development met Wednesday afternoon to discuss four bills on the agenda.

Senate Bill 285 relates to homemade food, better known as “cottage foods,” being sold throughout West Virginia. The would allow unhazardous cottage foods to be sold not only at farmers’ markets, but also at the producer’s home and at a third party establishment such as a retail store. The bill is similar to other states with lighter restrictions on the selling of cottage foods.

Two amendments were adopted to the current bill. The first amendment would clarify the different hazardous and unhazardous foods mentioned in the bill. The second amendment would define retail establishments.

The bill was unanimously approved, and was referred to the Committee on the Government Organization.

Senate Bill 259 would expand the Coyote Control Program to protect livestock throughout the state. An increasing number of coyotes are breeding with wolves, and is causing a problem for farmers protecting their livestock.

Senate Bill 19 relates to the Senior Farmers Market Nutrition Program. The program provides citizens with a $20 voucher to use at a farmers’ market. The bill would increase the voucher to $30.

Senate Bill 14 would create the West Virginia Farm-to-School Grant Program. The program would encourage public school to find local healthy produce to provide for their students, and would also provide an incentive for farmers to sell their produce to public schools.

All three bills were approved and were referred to the Committee on Finance.

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House Education Committee Re-Convenes to Discuss Bill

House Committee

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January 23, 2019

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The House Education Committee re-convened at 2 p.m. to continue fulfilling their agenda from an early morning 9 a.m. meeting today, Jan. 23 in 434-M.

The Education Committee considered House Bill 2004, a bill to encourage cooperation between high school programs and state community and technical colleges.

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.

While the committee seemed to agree with the intent of the bill, the idea that certain language within the bill should be adjusted to better align with the intent of the bill.

Delegates Sean Hornbuckle (D-Cabell), Lisa Zukoff (D-Marshall), and Ed Evans (D-McDowell) proposed an amendment to change the definition of an “apprentice” to distinguish that “apprentice” should mean somebody enrolled in a registered and credible apprenticeship program, to ensure cooperation with the state. This amendment to provide clarity to the bill’s language, passed.

The Democratic membership of the Education Committee also introduced an amendment to add a section to House Bill 2004 that would create a Governor’s Workforce Credential Award. This award would recognize public high school students at graduation who go above and beyond the requirements of their technical programs, and exceed the requirements of the state board.

This amendment was rescinded ultimately, due to the committee wanting to further develop the language of the bill before any further amendments go forth.

House Bill 2004 was laid over until next Wednesday when the House Committee on Education will meet again, and a subcommittee for House Bill 2004 was appointed. The meeting time for the subcommittee will be announced following tomorrow’s House Floor Session.

Judiciary Reviews House and Senate Bills in Meeting

House Committee

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January 23, 2019

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Among the six bills the committee reviewed Wednesday, three were from the Senate.

Senate Bill 17 relates to sex offender probation eligibility. The committee had little discussion on the bill before it passed with a unanimous vote to be sent to the House.

Senate Bill 119 relates to specifying documents not subject to discovery in certain proceedings. This bill passed the House and Senate last year but was vetoed by the governor. In his veto note, the governor noted he rejected the bill because of policy reasons and that it puts patients at a disadvantage. The committee passed the bill, which next heads to the House.

Senate Bill 272 concerns the Commission on Special Investigations. The bill requires that any action taken by the commission requires a vote by a quorum of the members appointed as opposed to the current requirement of a “majority.” A new section of the bill states it would be a felony to impersonate a commission member or staff. The penalty is the same as for making a false statement except for the fine, which is up to $5,000.

The bill adds a new section, which allows the commission to award duty weapons to certain retiring members and provides for the disposal for surplus weapons.

House Bill 2547 is related to election prohibition zones. This bill has an amendment that would change the election prohibition zone from 300 feet to 100 feet. The bill passed the committee and will be reported to the House.

House Bill 2600 amends state code relating to publication of sample ballots. Currently, counties do not interpret the current statures in place so there is no uniform understanding. This bill would help clarify this for the counties and was passed by the committee to be reported to the House.

House Bill 2602 describes the inclusion possession of known stolen property in the offense of receiving or transferring stolen property. This would add the language “possession” and would allow the same charges for theft to be applied to those who own the property and know it is stolen. Some delegates showed concern about the ability to show proof of someone knowing whether or not they possessed stolen property on purpose, but prosecutors who sit on the committee showed strong support of the bill and advocated that it would help more than harm their practice.

The bill was passed and is to be reported to the House.

The committee also had House Bill 2579 on their agenda but removed it to be reviewed at a later date.

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Saving Bonds Bill Passes House

House Floor Session

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January 23, 2019

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A bill to relinquish unclaimed bonds back to the state of West Virginia generated a lot of discussion and was ultimately passed by the House during Wednesday’s floor session.

The House of Delegates convened for the 14th day of regular session at 11 a.m. on Jan. 23 to advance legislation. The House passed three bills and advanced all bills on first reading to appropriate committees for further consideration.

House Bill 2193 would revert savings bonds that have been completely unclaimed for five or more years back into the hands of the state.

The legislation, which was sponsored primarily by Delegate John Shott, R-Mercer, is an attempt to provide a purpose for thousands of unclaimed savings bonds currently in the possession of the state.

“Right now, half a million dollars is just sitting, without a purpose,” Shott said.

The legislation was modeled similarly after a piece of Kansas legislation, but delegates still had many questions for the House Judiciary Committee chairman. Many involved the applicability of the bill to savings bonds that are issued in the state electronically.

Shott assured the House that the only way an individual’s savings bonds would be escheated is if they had relinquished their bond physically to the State Treasury.

Other concerns involved the discretion that the State Treasurer would have if House Bill 2193 passes, and how willing they would be to escheat bonds out of the possession of West Virginia individuals.

Delegate Tom Fast, R-Fayette, defended the bill, arguing that there were many checks in place to assure that any bond reverted back into state funds is a truly unclaimed bond.

“It’s going to take a lot of procrastination on the part of the owner and a lot of diligence on the part of the Treasurer for an individual to lose a bond that they want,” Fast said.

After lengthy debate, House Bill 2193 passed the House.

Two other bills on third reading passed the House today, House Bill 2095 would take measures to further assess a public K-12 student’s college readiness in 11th and 12th grade. House Bill 2423 would prevent certain convicted sex offenders from taking on a supervisory position in an organization largely involving children.

State organizations such as 4-H camps, religious organizations, and many other extracurricular or curricular programs would no longer be permitted to staff those convicted of certain sex crimes if this bill passes.

During the floor session, a resolution to honor the life of the late West Virginia Delegate J. Franklin Deem of Vienna, WV passed the House as well. Mr. Deem’s family was ushered in by the delegation of Wood County, West Virginia to hear the reading that honored Mr. Deem, who passed at age 90 this past October.

House Bill 2005, the highly discussed legislation that would expand broadband for the state of West Virginia, is on tomorrow’s agenda for its third reading, with its amendments pending.

The House of Delegates will reconvene at 11 a.m. tomorrow, Jan. 24, in the House Chamber, for what’s sure to be an active discussion.

Committees Meeting Today After Floor Session:

-House Veterans Affairs and Homeland Security Committee will meet at 1 p.m. today, Jan 23, in 432-M.

-House Finance Committee will continue their budget hearings and legislation consideration from this morning. They will meet at 2 p.m. and 4 p.m. today, Jan 23, in 460-M.

– House Judiciary Committee will continue their 9am committee meeting at 2p.m. today, Jan 23, in 410-M.

-House Education Committee will continue their 9am committee meeting at 2p.m. today, Jan 23, in 432-M.

Committees Meeting Tomorrow Before Floor Session:

-House Committee on Small Business, Entrepreneurship, and Economic Development will meet at 9 a.m. tomorrow, Jan. 24, in 215-E.

-House Committee on Banking and Insurance will meet at 10 a.m. tomorrow, Jan. 24, in 215-E.