Blog – Page 155

Health Committee Works on Updating West Virginia Code

House Committee

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January 17, 2019

The Senate Committee on Health and Human Resources met Thursday afternoon to discuss four bills.

Senate Bill 63 relates to partial filling of prescription drugs. The bill would update West Virginia code to be complacent with the federal code. The bill would allow a pharmacist to partially fill a prescription, and provides new regulations on how to refill the rest of the remaining prescription.

Senate Bill 136 would add electronic cigarettes (E-Cigs) to the same list as other tobacco products that are prohibited on public school property. The bill would also increase the penalty for anyone who would violate carrying tobacco products on public school property.

Senate Bill 169 relates to minor rule changing to assisted living residencies.

Senate Bill 310 relates to health insurance companies and dentists. The bill would prohibit insurers from requiring dentists to provide discount on non-covered services, and prohibit dentists from charging more for covered persons on non-covered services.

All four bills were passed by the Committee. Senate Bill 63, 136, and 169 were referred to the Committee on Judiciary. Senate Bill 310 was referred to the Committee on Finance.

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DUI Bill Passes House of Delegates

House Floor Session

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January 17, 2019

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HouseBill 2183The House of Delegates convened at 11 a.m. on Thursday, Jan. 17 in the House Chamber to consider legislation.

Several bills were introduced in the House and referred to the appropriate committee on this day. Of these bills includes House Bill 2010, which works to reform foster care regulation in the state. This strike and insert legislation would change a lot of the jurisdiction over the state foster care system to be under the Division of Corrections and Rehabilitation rather than the Division of Juvenile Services. This bill was referred to the House Committee on Senior, Children, and Family Issues.

Several bills reached third reading in the House.

House Bill 2028, which would require state engineers to observe the laying of road lines periodically instead of throughout the duration of the project, passed through the House unanimously.

The committee substitute for House Bill 2038 generated a lot of conversation on its third reading. This bill, if passed, would not require the regulation of an occupation if it isn’t regulated in 25 or more states.

Delegate Andrew Robinson (D-Kanawha), stood in opposition against the bill, arguing that the process for licensure is meant to protect the public and any legislation working to reduce oversight could be harmful.

Delegate Gary Howell (R-Mineral), one of the lead sponsors of the bill, argued that the legislation would not directly remove any occupational licensing requirements until they go through additional legislative preclearance.

“There’s no removal of licenses,” Howell said. “It just provides another step for review.”

House Bill 2038 passed through the House after lengthy discussion.

House Bill 2128, which would allow state employees to take paid leave to attend parent-teacher conferences, passed through the House unanimously.

Another House Bill that raised controversy was HouseBill 2183, which would allow for intoxicated individuals to operate a motor vehicle on their personal property without being subject to a DUI.

Delegate John Shott (R-Mercer), an advocate for this legislation, clarified that West Virginia citizens should have the right to do what they want on their personal property, as long as it causes no injury or death. He clarifies that if somebody is operating a motor vehicle on their property and it does cause injury or death, they would then be subject to a DUI charge.

The bill generated lengthy discussion regarding the definition of “private property” and if private roads and large clearings are included under that operational definition. Because of the function of this definition, several delegates were “uncomfortable” with voting through the House Bill.

Despite this, House Bill 2183 passed almost unanimously.

Bills on second reading included a piece of strike and insert legislation regarding animals in motor vehicles, House Bill 2185. This bill would allow agents acting at their official capacity to break into an enclosed motor vehicle to rescue animals that they believe are in danger.

The House Committee on Judiciary proposed to add language to the bill that would further protect the professionals who are permitted to enter these vehicles. This amendment passed.

House Bill 2307, which would create provisional licenses for cosmetologists and barbers throughout the state, also advanced without any proposed amendments.

Bills on first reading were all referred to their appropriate committees.

The House of Delegates will reconvene at 11 a.m. tomorrow, Friday Jan. 18, in the House Chamber.

Committees Meeting Today After 11am:

The House Committee on Senior, Children, and Family Issues will meet at 1 p.m. today, Thursday, Jan 17, in 215-E.
The House Committee on Health and Human Resources will meet at 2 p.m. today, Thursday, Jan 17, in 215-E.
The House Committee on Energy will meet at 2 p.m today, Thursday Jan. 17, in 410M.
The House Committee on Prevention and Treatment of Substance Abuse will meet at 3:30 p.m. today, Thursday, Jan. 17, in 215-E.
Committees Meeting Tomorrow Before 11am:
The House Committee on Education will meet at 9 a.m. tomorrow, Jan. 18, in 434-M.
The House Committee on Finance will meet at 9 a.m. tomorrow, Jan. 18, in 460M for a presentation on the West Virginia Supreme Court’s budget.
The House Committee on Government Organization will meet at 9 a.m. tomorrow, Jan. 18, in 215-E.
The House Committee on the Judiciary will meet at 9 a.m. tomorrow, Jan. 18, in 410-M.

Senate Honors Cross Country Team, Two Bills Reported from the House

Senate Floor Session

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January 17, 2019

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The Senate convened on Thursday to adopt Senate Resolution Ten, which honored the Ritchie County High School Boys Cross Country Team for winning the A-AA State Championship.

This was Ritchie County’s first Boys XC State Championship. The team had a stellar year finishing first place in the Little Kanawha Conference, Region One Meet, and in the State Championship. The runners and coaching staff were presented the Resolution on the Senate Floor.

The House of Delegates reported two bills to the Senate.

House Bill 2164 relates to clarifying that appeals to the Supreme Court are a matter of right, and that every party has an opportunity to be heard and to obtain a written decision on the merits of the appeal.

House Bill 2351 relates to streaming PEIA authorization of documents.

Bills 338 to 342 were introduced today as well.

The following committees will meet today:

Health at 1 p.m. in 451M

Energy, Industry & Mining at 1 p.m. in 208W

Education at 2 p.m. in 451M

Gov. Org. at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

The following committee will meet tomorrow:

Agriculture at 12:30 p.m. in 208W

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House Committee on Small Business and Entrepreneurship Discuss State Development

House Committee

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January 17, 2019

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The House Committee on Small Business, Entrepreneurship, and Economic Development convened at 9 a.m. on Thursday, Jan. 17 in 215-E to hear two presentations regarding state economic development.

The committee heard two informational presentations regarding business engagement throughout the state, as well as recommendations for improvements.

Executive Director of the WV Development Office, Michael Graney, presented on behalf of his office and what they’re doing to improve business retention and recruitment in the state of West Virginia.

The WV Development Office, which is mostly federally funded, is responsible for the maintenance and engagement of small business and entrepreneurship in the state. Graney cited that in the year of 2018, the office helped to create or retain around 690 jobs.

“That’s great,” Graney said of the accomplishment. “It’s great but it’s not enough.”

Graney stated plans of the office to better engage with West Virginia universities and technical schools. The office believes that recruitment in schools such as West Virginia University, Marshall, and a number of state technical schools will play an integral part in inspiring entrepreneurship within the state.

Graney stated two policy facets that the committee could advocate for that would greatly help them achieve outreach.

“Access to capital is critical for our office,” said Graney. “Several pieces of legislation are going to come up this session that considers increasing funds for us, I ask that you consider them.”

Graney also stated that the office would greatly benefit from the passage of any legislation regarding broadband expansion, stating that access is key for his office to do their job effectively.

Delegate Joshua Higginbotham (R-Putnam), the Chair of the House Committee, stated a desire to communicate state business incentives more effectively to spur small business.

“We want to be able to communicate these incentives and benefits well to our communities,” said Higginbotham. “I am willing to work with your office, and I’m sure the committee is willing to work with your office as well.”

The second presentation to the committee featured new Secretary of West Virginia’s Department of Commerce, Ed Gaunch.

Most of Gaunch’s presentation detailed his plans as the new secretary of the department, which include advocating an image change for business in West Virginia.

“I want this office to be a catalyst,” said Gaunch. “I want my children and grandchildren and your children and grandchildren to have a future in this state.”

Gaunch stated that the committee should advocate for the budget that their office will be presenting in the coming weeks. He hinted that the Office of Tourism would be asking for $14 million this fiscal year, and that the committee should be open to fighting for that.

“Tourism is an investment in this state, it’s proven to be a multiplier by at least eight times.”

Gaunch also wants to put a more positive spin on West Virginia’s entrepreneurial image.

“I know we don’t have beaches, and we don’t have flat ground,” said Gaunch. “But we need to start talking about what West Virginia does have, what we can have, and what we will do.”

Gaunch said that we need to focus on bringing new business into the state, but also show appreciation for the successful entrepreneurial ventures that exist in the state already.

In the Spring, Gaunch is launching a state-wide campaign in which the Department of Commerce will travel around the state and celebrate the small businesses that have excelled, and help them in any way that they can.

The House Committee members vocalized their support and optimism for Gaunch’s ideas.

“I like the idea of not only bringing in new development, but appreciating what we already have,” said Delegate Martin Atkinson III (Roane-R). “We need to ask people who want to be business owners, ‘Why not West Virginia?’, and we need to stop apologizing for having mountains. We need to embrace the positive facets that business owners can find in this state.” Atkinson said.

Gaunch said he was looking forward to working with the committee and the rest of the legislature this session. From strengthening tax incentives to increasing outreach and communication, Gaunch stated that the office has a lot of work to do this year.

“The sun is about to shine brightly in West Virginia,” said Gaunch.

Distribution of E911 Fees Explained to Senate Finance

Senate Committee

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January 17, 2019

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Mike Albert, chairman of the Public Service Commission of West Virginia, updated the Senate on the total amount of revenue which was generated through the state’s E911 system and distributed throughout West Virginia’s counties, 9:30 a.m. Thursday, Jan. 17.

According to Albert, E911’s revenue is distributed to three areas with the cell tower fund receiving $1 million, the State Police collecting $.10 per line and the West Virginia Division of Homeland and Emergency Management receiving 5 percent of the total collections.

Albert explained that the remainder of the revenue is distributed to all 55 counties based on population size but assured the committee that a special formula is used to ensure that each county is receiving an adequate amount of money. From 2007-2018, the state’s counties have received a total of $424,082,509 from the E911 system.

“That is a significant amount of money that all the counties greatly protect,” Albert said.

The current projected distribution for E911 fees in fiscal year 2020 is set at $41,374,888 according to the chairman.

Regarding the commission’s budget, Albert requested $22,943,328 for a base budget which is the same total that was requested for fiscal year 2019.

Albert explained that the commission’s base budget has been identical since 2013 and would be divided into three categories with utilities receiving $19,634,848, pipeline safety receiving $385,164 and the motor carrier receiving $2, 943,328.

Jackie Roberts, a consumer advocate with the Consumer Advocate Division, requested a total of $1,340,000 for the division’s fiscal year 2020 budget. Roberts explained that the division’s base budget has been the same amount for a number of years.

The committee also discussed Senate Bill 1, which would increase access to career education and workforce training, which was unanimously sent to the full Senate.

The Senate Finance Committee is adjourned until 3 p.m. Thursday, Jan. 17.

Senate Finance Receives Budget Presentation, Sends Bills to Senate

Senate Committee

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January 16, 2019

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The West Virginia Department of Agriculture and West Virginia State Conservation Agency updated the Senate Finance Committee on their 2020 fiscal budgets 3 p.m. Wednesday, Jan. 16.

The two agencies provided a review of their expenditures from the past year while also presenting the committee with an updated version of their current budget proposals.

Brian Farkas, Executive Director of the West Virginia State Conservation Agency requested a total of $10,023,235.00 for the 2020 fiscal year. Farkas said that $8,799,709.00 of the proposal is intended to go towards conservation projects which would likely include: spending on the Agricultural Enhancement Program, emergency watershed and stream resolutions program and flood-control dam operations which includes dam maintenance.

Farkas addressed the committee and said that West Virginia’s 170 dams provide $90 million in annual flood protection despite 82 percent being 40 years old or older. According to Farkas, the majority of dams throughout the nation are 30 years or older. According to Farkas, dam repair and rehabilitation estimates for the state’s dams’ range between $100 and $300 million.

Farkas also discussed the state’s stream blockages which affects West Virginia’s 40,000 miles of streams throughout the state. He explained that due to a national increase in rainfall, the northeast part of the country, which features West Virginia, can anticipate an increase in stream blockages due to a rise in flooding.

Kent A. Leonhardt with the West Virginia Department of Agriculture updated the committee on the departments current budget request which features $1,000,000 for repairs to the Cedar Lakes facility, $50,000,000 to replace labs and $417,500 for the startup of a Hemp Program.

Leonhardt explained that the Hemp Program would be a one-time funding to help create a new laboratory in the state which would include lab equipment, maintence and lab consumables.

During his presentation, Leonhart explained that the state’s laboratories in Gutherie and Moorefield are listed some of the premiere laboratories in the country but due to a lack of space and funding, individuals from around the country are unable to visit the labs.

The committee also sent Senate Bills 180-183 to the full Senate following referral to the Senate Judiciary Committee.

Senate Bill 183 is a State Tax Department rule relating to the administration of tax on purchases of wine and liquor inside and outside of municipalities.

Senate Bill 181 is a State Tax Department rule relating to aircraft operated under a fractional ownership program.

Committee for Technology & Infrastructure Passes Broadband Act Bill

House Committee

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January 16, 2019

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The Committee for Technology & Infrastructure met today to discuss House Bill 2005, which is the 2019 Broadband act. This would allow Broadband internet across the state, which for those who don’t know broadband means it is faster internet connection and speed. After some brief discussion on the bill and its various sections the committee decided to pass the bill, sending it to the Judiciary committee first and then the House.

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Judiciary Meets to Pass Four Bills

House Committee

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January 16, 2019

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In today’s first half of the Judiciary meeting two bills were passed. House Bill 2008, this bill is a committee substitute and relates to nonpartisan election of justices of the supreme court of appeals. The actions of this bill would take place with the nonpartisan election in 2020, the committee passed the bill and it is due to appear on the House floor.

House Bill 2362 was also passed by the committee along with an amendment. This bill relates to procedures for voting an emergency absentee ballot by qualified voters. In the bill there was a line which discussed reasons why a person might need an absentee ballot and used the phrasing “extreme advanced age” this was amended to just say age. This bill will also be reported to the House floor.

After meeting again in the afternoon the committee was able to work pass two more bills to the House. House Bill 2193 provides a specific escheat for US savings bonds. The maturity date for a bond is the day the bond stops losing interest, this bill would allow people to claim those bonds up to 5 years after that date. There were two amendments that were attempted for this bill, one delegate had some trouble with the wording of the bill and worried that it would not allow people to claim bonds from their relatives or loved ones after those 5 years were over. Their amendment failed and another was accepted which changed language and wording in the bill for better clarification as to what the bills purpose is.

House Bill 2423 prohibits certain sex offenders from obtaining supervisory positions over groups of children. There was one amendment made to this bill that includes the words “religious groups” in the examples of what groups of children could be considered as. The amendment was adopted and the bill was passed by the whole committee to be reported to the floor.

To conclude the meeting the committee briefly heard an overview of House Bill 2003. This bill would extend the expungement of certain criminal convictions, this is a sub-committee bill and will be further discussed and voted on by several members from the Judiciary committee.

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Committee Proposes New Regulations for Expungement of Drug Charges

Senate Committee

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January 16, 2019

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

Senate Bill 62 amends a West Virginia code of expungement of a controlled substance. The bill would require first time offenders of possession of a controlled substance to participate in a drug court program before the charge may be taken off a person’s record. The court may require the offender to go to a drug treatment program as well.

Senate Bill 240 would repeal obsolete rules that are no longer used, and have no legal backing. These rules have already been taken over by newer laws and regulations, but these obsolete rules are still within the W. Va. Code. None of the rules that are up for repeal would have any direct impact to the citizens of W. Va.

Both bills were approved by the Committee, and were reported to the Senate to be voted upon.

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Agricultural Committee Passes Hemp Bill to the Judiciary

Senate Committee

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January 16, 2019

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The Senate Committee on Agriculture and Rural Development met on Wednesday to discuss proposed bills relating to the Department of Agriculture (Dept. of Ag.).

Senate Bill 192 relates to new rules and regulations for industrial hemp in West Virginia.

The bill would require licensing for the use of land to cultivate, grow, harvest, and sell industrial hemp throughout the state. Applicants would have to pay a yearly application fee of $100 per acre. Applicants will be required to submit an application for each acre of land that is separated by more than a mile, and will be charged the $100 fee for each application.

The bill would also make it a requirement that the growers notify the Dept. of Ag. 30 days prior to harvest. This provision would be to allow the testing and supervision of industrial hemp during harvest.

Senate Bill 191 relates to animal disease control regulations for the Dept. of Ag. The bill would prohibit the release of domestic livestock into the wilderness such as feral swine.

The bill would also prohibit chronic neglect of fencing. Farmers to who neglect to build proper fencing for their livestock may be fined misdemeanor penalty.

Both bills were referred to the Senate Committee on Judiciary.

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