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Agriculture Committee Looses Restrictions on Cottage Foods

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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

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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

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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

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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.

 

House Finance Advances Business Inventory Resolution

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A resolution that would allow a future Legislature the discretion of whether to eliminate or reduce the business inventory tax is now before the House Judiciary Committee.

The House Finance Committee advanced House Joint Resolution 17, called the Business Inventory Machinery and Equipment Tax Exemption Amendment, in a Wednesday morning meeting.

The resolution would amend the state’s constitution to let the Legislature make the determination whether to exempt personal property used in business activities as inventory, machinery, or equipment.

Since this resolution calls for a change to the state Constitution, two-thirds members of each house would have to approve the measure. The resolution then would go before voters in the 2020 General Election.  

Delegates asked about the revenue breakdown of this tax and how it is distributed. Deputy Revenue Secretary Mark Muchow explained the biggest receiver or property taxes is public education, followed by county commissions and then, to a lesser extent, municipalities.

Muchow broke down the revenue, noting it varies by county but averages about 36-37 percent for school boards, 26-27 percent affecting county commissions, and about 5 percent for municipalities.

“With education, it’s more complicated because the state School Aid Formula guarantees a certain amount of funding in all counties,” Muchow said. “If local funds go down a bit, the state or school levee makes up the difference. Ultimately, the state has a lot of skin in the game.”

Delegate Isaac Sponaugle, D-Pendleton, asked how much money would hang in the balance if the tax were altogether eliminated. Muchow estimated a maximum total ranging from $250 to $300 million.

Delegate Paul Espinosa, R-Jefferson, however, told committee members that there is no cost specifically associated with this resolution because the resolution itself would not change the tax structure. A later Legislature would make that determination whether to exempt personal property items from this tax.

Muchow said in most states, property tax is general law but in West Virginia, it is embedded in the Constitution.

“Just because it’s outside the Constitution doesn’t mean the Legislature will act on it,” Muchow said.

Delegates asked how many states have this tax in place. Muchow answered that manufacturing and inventory is taxed in seven states and personal property is taxed in 20 states. He said Pennsylvania does not tax machinery, equipment or inventory; Ohio removed its tax on machinery and inventory and now taxes real estate; Kentucky has a broad-based tax like West Virginia but real property taxes are higher than personal property; Virginia taxes machinery and equipment; and Maryland taxes real estate.

Delegate Mick Bates, D-Raleigh, expressed concerns about the resolution.

“This is a tax no one likes to pay but the issue is that this is a tax local governments and the school system depend on,” Bates said. “There have been multiple discussions on how to replace this revenue to come up with a viable solution. We are going to remove from the Constitution this protection we have in place, which was placed there for a reason. … I have a general concern about this process and whether a future Legislature, whether under control of either party could use this newly-created authority to affect the local school system.”

Delegate Jim Butler, R-Mason, supported the resolution.

“For decades, several administrations realized the taxation of business inventory and equipment makes West Virginia uncompetitive,” Butler said. “We are locking jobs out of West Virginia and hurting our citizens. This is an important step to untying the hands of future Legislatures.”

Senate Passes Higher Education Reform Bill

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The Senate met Wednesday morning and unanimously passed a higher education bill and was reported to the House of Delegates.

Senate Bill 1 relates to increasing accesses to career education and workforce training for the citizens of West Virginia. This bill would specifically impact community and technical colleges throughout the state. The bill would the establish the Advanced Career Education (ACE) programs and creates the West Virginia Invests Grant Program.

The ACE will prepare students in secondary schools for community and technical college for an associate’s degree or work certification. The program would require pathways that consist of a curriculum of courses leading to an associate degree or certification that has been determined to satisfy an area of workforce need as determined the Department of Commerce. 

The WV Invests Grants will provide tuition assistance to qualifying students who pursue higher education at a community or technical college. The bill also provides a provision for the Grant that people who graduate with assistance from the Grant must reside in the state for a minimum of two years. If they chose to leave the state, they will then be required to pay back the grant.

The Senate also passed three other bills that were reported to the House.

Senate Bill 18 relates to crimes committed on State Capitol Complex. The bill would remove the requirement that a person must have a valid concealed handgun license to lawfully keep a firearm in their vehicle on the Capitol grounds.

Senate Bill 255 relates to the Emergency Medical Services Advisory Committee. The bill would add three more members to the committee.

Senate Bill 354 would expire $1.5 million dollars from the Auditor’s Offices’ Securities Regulation fund and re appropriate them to the Auditor’s Office Chief Inspector’s Fund.

Senate Bills 394 to 409 were also introduced today.

The Senate is adjourned until 11 a.m. tomorrow, Jan. 24.

The following committees will meet today:

Economic Development at 1 p.m. in 208W

Agriculture at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

The following committees will meet tomorrow:

Finance at 9:30 a.m. in 451M

Health at 1 p.m. in 451M

Education at 2 p.m. in 451M

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Judiciary Committee Takes a Stance on Animal Cruelty

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The Senate Judiciary Committee met on Tuesday evening to discuss four bills on the agenda.

Senate Bill 124 relates to animal cruelty. The bill would increase fines for people who inflict bodily harm or death on animals. The bill would also up the misdemeanor to a felony for inflicting bodily harm on animals.

Senate Bill 55 relates to drivers under the age of 18. The bill would impact roughly 90 drivers annually. The bill would prohibit drivers under the age of 18 with a level three license to operate a wireless device, such as a cell phone, while driving. The bill would qualify West Virginia for a federal grant of $2.3 million.

All bills were approved by the Committee and reported to the Senate.

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Senate Finances Refers Bills to Full Senate, Receives Budget Proposals

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The Senate Finance Committee refereed three bills to the full Senate, 3 p.m. Tuesday, Jan. 22.  

SenateBill 168 which would update the meaning of federal taxable income in WV Corporation Net Income Tax Act, and Senate Bill 169 which would update terms used in WV Personal Income Tax Act, were unanimously voted to be referred to the full Senate.  

Senate Bill 178 which is a Lottery Commission rule that would relate to the West VIrginia Lottery sports wagering rule, was  

The committee also received two presentations – one from the West Virginia Department of Revenue and the other from the West Virginia Lottery Commission.  

 

Senate Education Receives Presentations

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Information from the West Virginia Department of Education and the West Virginia Higher Education Policy Commission was presented to the Senate Education Committee, 3 p.m. Monday, Jan. 22.  

Following the approval of minutes, Michele Blatt, assistant superintendent of the West Virginia Department of Education addressed the committee to discuss the state’s education areas of critical need.  

Blatt said that three different factors join together to make up the criteria for critical need with the shortage of non-fully certified teachers, especially in math, accounting for a majority of the issues. According to Blatt, a non-fully certified teacher describes a teacher who may have a certificate for education in a subject which is different than the one they are currently teaching.  

Statewide, 33.3 percent of West Virginia’s math teachers are non-fully certified in the subject. 

When asked about the amount of vacancies that are present within the state, Blatt said that of the 700 vacancies present within the state, most are simply situations where non-certified teachers are teaching a particular subject.  

Blatt also addressed the committee to discuss the need for additional teachers within the state and said  the board is hoping to initiate a program where college seniors majoring in education may be placed in a school for the whole year opposed to the 6-12 weeks of student teaching. She said that this will help teachers  

Senior Director for Financial Aid at the West Virginia Higher Education Policy Commission, Brian Weingart, also came before the committee to discuss the Underwood-Smith Teacher Scholarship Program. The purpose of the program is to assist West Virginians interested in obtaining a teaching certificate and committed to the pursuit of a teaching career in West Virginia’s public schools. 

The program is comprised of two components- a teacher scholarship and a teacher loan repayment. Both of which combine to create an appropriation total of $328,349.  

Students who are applying for a scholarship through the program may receive $5,000 following a commitment to teach two years for each year they receive the award. Those who are applying for loan repayment may receive up to $15,000 towards student loan debt. $3,000 of which is awarded following the two completed years of teaching.  

Overall, Weingart said that out of 300 applications, only 30 scholarships are awarded each year due to a lack of funding. 

 

Health Committee Approves New DHHR Rule

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The Senate Committee on Health and Human Resources met on Tuesday afternoon to discuss a new rule for the Department of Health and Human Resources (DHHR).

Senate Bill 173 would authorize DHHR to promulgate a legislative rule relating to, medication-assisted treatments (MAT). These treatment facilities are primarily used the treatment of addiction to opioids such as heroin and prescription pain relievers that contain opiates.

Committee members spoke about the positive implications the bill would do in Southern West Virginia in dealing with the opioid crisis.  

The Committee voted unanimously to approve the bill, and was referred to the Committee on the Judiciary.  

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