Blog – Page 156

House Veteran Affairs and Homeland Security Committee Consider Four Bills

House Committee

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January 16, 2019

The House Committee on Veterans Affairs and Homeland Security Wednesday afternoon to consider four pieces of legislation.

House Bill 2036 is a revived piece of legislation from last year. It passed the House of Delegates unanimously during the previous session but it didn’t get approved by the Senate. House Bill 2036 would allow vehicles with disabled veterans’ special registration plates park in spaces reserved for people with mobility impairments. This would allow those with disabled veterans’ stickers or plates to use this documentation as an equivalent to the usual blue handicap signs.

House Bill 2036 was advanced to the House floor, with the request that the second reference to the Judiciary Committee be dispensed. This was decided on the grounds that the bill was passed in the House the previous session unanimously.

House Bill 2209 would allow military veterans who have certain qualifications to qualify for examination for licensure as an emergency medical technician. If a service member obtains a Military Occupational Specialty (MOS) in a field related to that of emergency medical technician or combat medic, they can apply to test for an emergency medical technician license in the state of West Virginia. If they pass the examination, these people would not have to go through additional state training.

Delegate Brandon Steele, R-Raleigh, proposed an amendment to the bill that would not only apply this legislation to active duty military personnel within the state, as well as those in reserve.

The amendment to House Bill 2209 was adopted unanimously through the committee. The bill was advanced to the House floor as amended. Additionally, the committee also approved the option to request that the second reference to the House Committee on Health and Human Resources be dispensed.

House Bill 2223 would allow military personnel stationed in West Virginia to be recognized as citizens of the state in order to obtain a concealed carry permit. Current statute requires those in the state of West Virginia to be citizens of West Virginia, and this bill would allow those stationed in the state to be recognized under this.

The Committee on Veterans Affairs and Homeland Security approved House Bill 2223 unanimously but with the recommendation that it be referenced to Judiciary Committee first.

House Bill 2330 is similar to House Bill 2209, but the occupations it would work to legislate for differ. If a service member obtains a MOS related to the fields of plumbing, HVAC operation, or sprinkler installation, they can also opt to take the examination for state licensure without going through additional state training.

Steele proposed a parallel amendment to 2330, moving to apply the bill to not only those in active duty, but on reserve as well.

House Bill 2330 was advanced to the floor as amended with a recommendation that it should pass, with a request for the dispense of a second reference to the House Committee on Government Organization.

Senate Economic Development sends Bill to Finance

Senate Committee

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January 16, 2019

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The Senate Economic Development Committee sent Senate Bill 29 to the Senate Finance Committee in Wednesday’s meeting.

Senate Bill 29 would create a five-year credit for businesses on post-coal mine sites. Sen. Ron Stollings, D-Boone, explained this bill is intended to help create businesses in post coal-mine areas which have been surfaced mined and are currently not occupied.

“(The bill) is meant to give a jumpstart on new businesses and encourage people to develop in areas where coal-mines no longer operate,” Stollings said. “This is really something people could look at and want to take advantage of.”

Currently, the bill is intended to give potential tax credits to businesses for five years following the first expenditures used by the business. Stollings said that the bill was introduced last session and was sent from the Senate to the House where it died.

Following a series of questions from the senators, the committee unanimously voted to add two amendments to the bill.

Sen. Michael Romano, D-Harrison, proposed two amendments — one amendment added the term “entities employed at the post coal-mine site” to a section of the bill. The second amendment changed the unused tax credit discussed in another section of the bill from five years to the first 10 taxable years during which a business is located on a post-coal mine site.

The committee unanimously voted to send the bill to the full Senate following referral to the Senate Finance Committee.

Two Bills Pass Unanimously through House

House Floor Session

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January 16, 2019

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The West Virginia House of Delegates convened at 11a.m. on Wednesday, Jan. 16 in the House Chamber to consider legislation.

Bills on first reading included House Bill 2185, which works to legalize the removal of unattended animals left in enclosed motor vehicles. This bill was referred to the appropriate committee, as was House Bill 2307. This bill would create provisional licenses for cosmetologists and barbers within the state.

Bills on second reading that were advanced to committee without amendments include House Bill 2038, which would amend the process of deciding which state occupations are subject to regulation. House Bill 2128, which would allow for leaves of absence for state employees attending parent-teacher conferences, was also referred to committee.

House Bill 2028, on its second reading during this floor session, was advanced to committee with an amendment from Delegate Jason Harshbarger (R-Ritchie). This bill, if passed, would limit the supervision of how state lines are laid on the highway. Currently, when lines are laid on state highway roads, there must be a state engineer present for the entirety of the project to ensure quality and accuracy. This bill would reduce the time that a state engineer must be present from throughout the entirety of the project, to periodically throughout the project.

Two bills that were on their third reading passed the House unanimously today.

House Bill 2164, would establish that each party heard in a West Virginia lower court would have the right to be heard and receive a document based on merits of appeal.

Delegate John Shott (R-Mercer), the lead sponsor of the bill, said “This bill would codify what is already law, and clarifies our stance that this legislature agrees to full and meaningful appeals as a right.”

House Bill 2164 passed unanimously.

Another bill that passed the House of Delegates today was House Bill 2351, which 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.

The House will reconvene tomorrow at 11 a.m. in the House Chamber.

Committees to meet before 11am tomorrow:

-The House Committee on Veterans Affairs and Homeland Security will meet at 1 p.m. today, Jan. 16, in 434-M.

-The House Committee on Finance will meet at 2 p.m. today, Jan. 16, in 460-M.

-The House Committee on Judiciary will meet at 2 p.m. today, Jan. 16, in 410-M.

-The House Committee on Education will meet at 2:30 p.m. today, Jan. 16, in 434-M.

-The House Committee on Finance will meet at 4:00 p.m. today, Jan. 16, in 460-M.

-The House Committee on Technology and Infrastructure will meet at 4:00 p.m. today, Jan. 16, in 215-E.

-The House Committee on Small Business, Entrepreneurship, and Economic Development will meet at 9 a.m. tomorrow, Jan. 17, in 215-E.

-The House Committee on Banking and Insurance will meet at 10 a.m. tomorrow, Jan. 17, in 215-E.

Senate Passes 8 Bills, Introduces 316-336

Senate Floor Session

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January 16, 2019

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The Senate passed 8 Senate Bills and introduced 316-336 11 a.m. Wednesday, Jan. 16.

Senate Bills 10, 24, 27, 28, 36, 106, 177 and 190 were passed with 36 and 106 becoming effective on July 1, 2019 and Senate Bills 177 and 190 becoming effective immediately.

Senate Bill 24 would would require the Legislature to include funding in the appropriation of the DHHR that must be used for pay raises for employees of local board of health when an across the board pay increase is provided for state employees. The bill would also require the funding be ongoing.

Senate Bill 27 would remove current restrictions on where certain KENO themed lottery games may be played. Currently these games may only be played at locations that are authorized to sell alcohol. The bill would allow these games to be sold at all traditional lottery licensed retail locations.

The Senate also introduced Senate Bills 316-336 during their session and sent the bills to their assigned committees.

Senate Bill 330 which would require contact information be listed on agency’s online directory and website.

Senate Bill 334 would require the Secretary of State establishing searchable database for WV corporations and sole proprietorships.

The following committees will meet today:

The Economic Development Committee will meet at 1 p.m. in 208W.
The Agriculture Comimittee will meet at 2 p.m. in 208W.
The Pensions Committee will meet at 2 p.m. in 451M.
The Judiciary Committee will meet 3 p.m. in 208W
The Finance Committee will meet 3 p.m. in 451M.

The following committees will meet tomorrow:

The Finance Committee will meet at 9:30 a.m. in 451M.
The Health and Human Resources Committee will meet at 1 p.m. in 451M.
The Education Committee will meet at 2 p.m. in 451M.

Government Organization Committee Considers Three Bills

House Committee

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January 16, 2019

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The House Committee on Government Organization convened Wednesday to consider three house bills.

House Bill 2203, which aims to revise the licensing requirements for West Virginia contractors, was first on the agenda. This bill would move the administration and registration process for contractors from the West Virginia Division of Labor to the jurisdiction of Chapter 30 of state code.

This would put West Virginia contractors under the same umbrella as other licensed state professionals such as architects and physicians. Contractors in West Virginia, under this bill, would have to follow licensing procedure similar to that of 41occupations covered under code. Contractors would be required to annually renew their licenses, report to an executive board, and have a certificate with a seal displayed openly in order to be a licensed contractor within the state.

Due to definitional debates among the committee and discussion about implications for state contractors, the bill was laid over until the next House Government Organization committee meeting.

House Bill 2311 is a proposed revision to how West Virginia citizens with short term licenses would have to report to the State Tax Commission.

Currently, people in the state who receive a short term merchant license to sell beer, fireworks, or other miscellaneous merchandise can get a short term, 90-day license to sell these items. After their license has expired, these temporary merchants have to fill out tax information for the remainder of the fiscal year. This bill would stop requiring short-term licensees to fill out tax paperwork after their term is over and after they’ve paid all of their required fees.

House Bill 2311 was advanced to the House floor.

House Bill 2346 revises the licensure requirements for state casino workers. This bill would allow certain casino workers, including service workers, to opt for a registration rather than a license. This bill was laid over until the next House Government Organization committee meeting, whereas the committee is seeking more information regarding the employment implications for the West Virginia Lottery.

West Virginia Supreme Court of Appeals Request $131,150,000 from Senate Finance

Senate Committee

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January 15, 2019

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Chief Justice Beth Walker presented the state Supreme Court’s 2020 budget request in Tuesday’s Senate Finance Committee.

Walker said the total general revenue expenditures of the West Virginia Supreme Court was $127,235,284 in fiscal year 2018 and requested $131,150,000 for fiscal year 2020.

Walker explained a large chunk of the proposed budget, $107,850,000, would go toward four different areas including state employee pay raise, the conversion of IT workers from independent contractors to employees, the new judge and staff in the 19th circuit and an increase in probation staff and filling current positions which are open.

Other areas of the proposed budget are set to go towards repairs, equipment, the Children’s Protective Act and the Judges’ Retirement System. Minor areas of the budget have been set aside for buildings and the West Virginia Board of Risk Insurance Management premiums.

The committee was also updated on 2018 expenses which were over $100 million. These included purchases on attorney legal service payments, telecommunications, jury fees, software licenses and contractual services. Walker told the committee that new rules have been adopted to ensure that overspending is cut down. One adoption is a new travel policy that limits personal use of state vehicles.

“Even though we are an intendent branch, we don’t believe that relieves us of the need to be responsible to the tax payers of this state and to you, the overseers of our budget,” Walker told the committee.

Senate Minority Leader Roman Prezioso, D-Marion, asked about recent incidents involving expenditures on purchasing cards listed as miscellaneous expenses.

Walker addressed Prezioso and the committee about two separate incidents, both involving purchases at Victoria’s Secret, which were used as incentives in juvenile centers in the state. Walker explained that one purchase, which equaled $284, was used to purchase gift cards through the retailer that was used as incentives and rewards for good behaviors in juvenile centers. The other purchase which equaled $64 was for a graduation present for a juvenile at Monongalia County Youth Services.

Walker said the reason why these purchases were listed as miscellaneous in the budget is because incentives are filed under a sub-object category within the miscellaneous budget. She also mentioned that the Supreme Court sent out a memo to employees which explained what p-cards can and can’t be used for.

Sen. Craig Blair, R-Berkeley, closed the meeting by addressing Walker and suggesting that juvenile courts look to the community for donations that could serve as incentives instead of spending money from their budget.

Senate Education Votes on Senate Bill 1

Senate Committee

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January 15, 2019

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The Senate Education Committee voted to send Senate Bill 1 to the full Senate during their committee meeting 2 p.m. Tuesday, Jan. 15.

Senate Bill 1 would increase access to career education and workforce training throughout the state.

Sarah Armstrong Tucker, chancellor of Community Technical College Sytems updated the committee about the bill and answered various questions that were raised by members of the committee.

Tucker explained that currently, the Department of Education predicts that if the bill were to be passed, it would have little to no effect on enrollment. She also mentioned that current enrollment is down following a drop of 25 percent drop.

Senator Robert Plymale, a sponsor of the bill, said he hoped to see the bill benefit two-year programs and community technical colleges.

Despite being introduced during last year’s session, the Senate sent the bill to the House where it died.

Overall, the committee unanimously voted to send the bill to the full Senate following referral to the Senate Finance Committee.

House Committee on Health and Human Resources Advances Two Bills, Lays Over a Third

House Committee

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January 15, 2019

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House Bill 2077 The House Committee on Health and Human Resources convened at 2 p.m. on Tuesday, Jan. 15 in Room 215-E. The committee considered three bills during this meeting. Two of the three advanced to the floor, and the third was laid over for the next committee meeting.

House Bill 2077 would establish penalties in the state of West Virginia for smoking in a vehicle with a child under the age of eight present. This bill would make smoking with a child present a secondary offense, punishable by a fine of up to $25.

While there was some concern on the floor regarding whether or not the language of the bill was inclusive of vapor cigarettes or e-cigarettes, House Bill 2077 was ultimately advanced to the House Floor with recommendation that it should pass. It will move to House Judiciary Committee for second reference.

House Bill 2319 would permit the Bureau for Medical Services to create a wholesale importation program, where the state of West Virginia would be able to import more affordable pharmaceuticals from Canada available to West Virginia citizens for purchase.

There was debate on the floor regarding the cost of the implementation of a wholesale importation program, with some skeptical that the Department of Health and Human Resources would struggle in providing the oversight necessary

Delegate S. Marshall Wilson (R-Berkley) made a motion to amend the language in the draft legislation to use the word “may” in place of the word “shall”.

“We shouldn’t move to impose the program until we know it works,” said Wilson. “I like the idea of this bill, but it should only be done if we can determine its effectiveness.”

Other delegates were in support of the bill, looking to similar legislation enacted in Vermont for inspiration.

Delegate Mick Bates (D-Raleigh), who was the lead sponsor of the legislation, defended the lack of a fiscal note in the bill.

“We have to do something about skyrocketing prescription drug rates in West Virginia,” said Bates. “This is my attempt to do something. Give this bill a chance, it’s a novel idea.”

Wilson’s amendment to House Bill 2319 passed. With the amendment implemented, the house was approved to advance to the House Floor with recommendation that it should pass. It will move to the House Judiciary Committee for second reference.

House Bill 2347 would require the Secretary of the Department of Health and Human Resources to either improve significantly or build new facilities at two hospitals in West Virginia. Hopemont Hospital in Terra Alta, WV, and Jackie Withrow Hospital in Beckley, WV, would be improved upon or added to under this bill. They would be made better equipped to provide long term care and substance abuse treatment to those in the state in need.

The Secretary of the West Virginia Department of Health and Human Resources, Bill Crouch, said that he would favor new facilities altogether over attempting to modernize the two buildings, which are both almost a century old.

Lengthy discussion persisted over the Secretary’s desire to rebuild and then sell the two facilities to private entities for ownership.

“I don’t think that the state is a good direct provider of care,” said Crouch. “I think when it comes to treatment, the private sector is more capable. We’re not looking to take patients that the private sector can take care of.”

After the lengthy discussion regarding the privatization of state facilities, the committee agreed to lay over House Bill 2347 until the next House Health and Human Resources Committee meeting.

Criminal Expungement Bill Advances Out of Committee

Senate Committee

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January 15, 2019

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The Senate Judiciary Committee met on Tuesday to discuss three bills relating to criminal activity and due process.

Senate Bill 152 relates to the expungement of certain crimes on people’s criminal records. The bill would allow certain criminal offenses, misdemeanors or nonviolent felonies, to petition for an expungement of said crime off their criminal record. The bill would allow people to petition for more than one criminal offense as well if the offenses qualify within the parameters of the bill.

The goal of the bill is to improve the employment possibilities of certain persons while allowing the public notice of their actual conduct and prior transgressions without further penalty or diminution of employment opportunities.

The Committee voted unanimously to approve SB 152, and two other bills. All three bills were reported to the Senate to be voted upon.

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Senate Health Committee discusses DHHR Rules

Senate Committee

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January 15, 2019

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The Senate Committee on Health and Human Resources discussed seven bills that involved new rules and amendments for the Department of Health and Human Resources (DHHR).

Senate Bill 170 relates to West Virginia code on food establishments. The current code is from 2005, and the bill would update the code to the Federal standard from 2013. The bill would also qualify the state for continued funding provided by the Federal Government.

Senate Bill 171 involves a DHHR rule relating to food manufacturing facilities. The proposed amendment would have the Department of Agriculture oversee these facilities on certain foods instead of DHHR.

All seven bills were approved by the Committee to be reported to the Senate, and then to be referred to the Committee on Judiciary.

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