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

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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

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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

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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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Committee on Transportation & Infrastructure Discusses Driving Privileges

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The Senate Committee on Transportation & Infrastructure convened on Tuesday to discuss Senate Bill 55, which refers to driving privileges for persons under the age of 18.

The bill would include drivers under the age of 18 and with a level three drivers’ license to be prohibited from using a wireless deceive, such as a cell phone, while driving.

As of now under the current code, only drivers with a level one or two license are prohibited from using a wireless device while driving.

The bill would qualify West Virginia for Federal grant of $2.4 million which would be used at the local level such as training for emergency personnel.

The Committee also discussed Resolution Ten which would impose a deadline for naming resolutions of infrastructures to be introduced to the Senate during regular session.

Senators discussed how this resolution would help the Committee and the Senate attend to more pressing matters in the last ten days of session. The deadline would be on the 50th day of the regular session.

The Committee voted unanimously to adopted the resolution, and to report it to the Senate to be referred to the Rules Committee.

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Committee for Industry and Labor Amends Contractor Bill

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The House Committee for Industry and Labor met Tuesday to discuss a bill relating to contractors.

The committee was unable to discuss both bills that were introduced due to conflicts of time but started discussions and amendments for House Bill 2049. This bill relates to a prime contractor’s responsibility for wages and benefits. 

The committee had a lengthy discussion on the bill and voted on an amendment to the bill to help clarify the terminology and language used in the bill. 

The committee plans to continue discussion in a meeting next week.

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House of Delegates Advances Two Bills for Passage

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The West Virginia House of Delegates met briefly Tuesday morning, advancing two bills to third reading.

One of these bills, House Bill 2164, clarifies that appeals to the Supreme Court are a matter of right. The second bill, House Bill 2351, relates to regulating prior authorizations. 

These bills were in the amendment stage Tuesday and are up for passage Wednesday.

The House will reconvene 11 a.m. Wednesday.

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Senate Advances Eight Bills to Third Reading, Amends SB 190

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The Senate advanced eight bills to third reading including a bill regarding a Division of Highway hiring rule, in its Tuesday floor session.

Senate Bill 190, which is a Division of Highway rule change for hiring new employees, was unanimously amended by the Senate to include defining the term “premium” as overtime paid for as time and a half.

Seven other bills were advanced to third reading Tuesday.

The Committee on Judiciary reported Senate Bill 61 and 272 to the full Senate. Senate Bill 61 involves adding crimes that prosecutors may apply for a wiretap, and Senate Bill 272 relates to updating code on the Commission on Special Investigations.

The Senate introduced Bills 303 to 315, and were referred to committees.

A letter of resignation submitted by Sen. Richard Ojeda’s, D-Logan, was reported to the Senate.

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College Board Presents Information to Senate Military

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Senior Director for Strategic Military Initiatives with the College Board, Lt. Col. Bruce Shahbaz, updated the Senate Military Committee on CLEP tests.  

“The College-Level Examination Program, also known as the CLEP, is a test administered through the College Board which allows for easy access to college credit,” Shahbaz said.  

Like an Advanced Placement exam, Shahbaz explained that the program helps administer credit through 33 subject tests which Shahbaz said are aligned to most college introductory courses.   

According to Shahbaz, the 90-minute online tests have raised degree completion and tests results have shown that those who take the CLEP score equal to or higher than those who take an AP test for a traditional class.  

“The state is doing exceptionally well,” Shahbaz said. “West Virginia’s current pass rate for the CLEP is 70 percent while the national average stands at 50 percent.” 

Shahbaz told the committee that the Department of Defense is currently paying for an initial CLEP exam for those who have an active status in the military. An individual may be reimbursed for the exam under the G.I. Bill as well.  

The committee reported Senate Bills 121, 149, 256 and 297 to the full Senate following referral to the Finance Committee.  

Senate Bill 149 which would exempt certain veterans from concealed weapons license fees. The bill was introduced last session where it died in the House. 

 

House Judiciary Advances Three Bills

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After briefly meeting in the House for the floor session yesterday, the Judiciary Committee reconvened to discuss three bills on its agenda. 

The committee took up House Bill 2190, which relates to the release of a criminal on a personal recognizance bond by a magistrate unless there is good cause shown that they should not be released.  There was much discussion as to what constitutes “good cause” but after much debate and a failed amendment to the bill, the committee advanced the bill to the House floor.

Randall Reed Smith, Chair of the Capital Building Commission, also addressed the committee. He spoke about the commission’s responsibilities. He said their main purpose is to preserve the historical integrity and significance of the State Capital building.  There was a discussion about an originating bill from the committee about the Capital Building Commission that was passed and sent to the House.

The next bill to be introduced was House Bill 2191, which is bill relating to limited video lottery.  This bill would allow operators to be retailers at up to 10 licensed locations with certain exceptions; increasing the maximum wager permitted per limited video lottery game; removing five restrictions on bill denominations accepted by limited video lottery terminals; and fixing the six states share of gross terminal income at 50 percent on July 1, 2019.  This bill was also passed and was to be reported to the House but will first go to the House Finance Committee.

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House Committee on Finance Hears Two Presentations on Higher Education Budgets

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The House Finance Committee heard two presentations regarding the financial standing of higher education institutions in its Monday meeting.

Carolyn Long, the Interim Chancellor of the West Virginia Higher Education Policy Commission (WVHEPC), presented an appropriation request for the fiscal year of 2020. The presentation, which asked for about $13.5 million for student-focused funding, aims to increase the competitive edge of West Virginia higher education institutions as well as alleviate the cost to students across the state.

“We are here today to advocate for reinvestment in our state’s college education programs,” Long said. 

Long said the HEPC understands cuts made to higher education in the past years were warranted but now that the state is in an economic upswing, they want to address financial problems colleges are experiencing.

Long said although the Southern Regional Education Board sees their students pay around 58.7 percent of their educational costs, West Virginia students must bear 72.3 percent of their educational costs. Additionally, enrollment has decreased 0.2 percent since 2016. Under the West Virginia CLIMB program, the HEPC wants to equip 60 percent of West Virginians with a certificate or degree by the year 2030. Their budget request accounted for this proposal. 

The HEPC provided three different funding models, per the Legislature’s request last year. Each funding model presented to the committee for consideration used a different metric to allot different rates of state appropriations to each state school. The budget also resided within Gov. Jim Justice’s budget recommendations.

The HEPC has concerns over a funding mechanism – or what Long said is a lack of one. Long said there are currently “no objective means” to dictate how much money goes to any particular higher education institution within the state.

Although the funding mechanisms presented by HEPC solved for the lack of a current, streamlined formula, some delegates questioned the repercussions of the quantitative nature of the models.

“I would hope that the formula we choose takes into consideration the socioeconomic factors of each school,” Delegate Brent Boggs, D-Braxton, said. “I think we all want to strive for equity when it comes to funding, but we have to be very careful to ensure no region of West Virginia gets left behind.”

Sarah Armstrong Tucker, chancellor of the West Virginia Council for Community and Technical College Education, also addressed the finance committee Monday. Tucker outlined the community college system, its functions and its budgetary recommendations for the 2020 fiscal year.

The West Virginia Council for Community and Technical College requested $5 million for deferred maintenance, $7 million for student tuition for qualifying students, and $5 million to fund the Student Support and College Completion Initiative.

Tucker emphasized the return on investment that community and technical schools bring to the state. She said 92 percent of students attending a community of technical school are from West Virginia, and 71 percent of graduating students work in state after graduation. 

Tucker said that community and technical schools, while integral to the state for preparing the workforce, have also been affected by education cuts. She said 127 programs have been cut since 2013, and a lot of schools have to share administrators in order to economize.

“A lot of our students are adults who attend college part time,” Tucker said. “This is what our students look like, and this is what our workforce looks like. We need to help to ensure their success.”