Blog – Page 186

Bill to Eliminate RESAs Laid Over in Senate Education

Senate Committee

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April 5, 2017

The Senate Education Committee has laid over a bill requested by Governor Justice that would abolish Regional Education Service Agencies (RESA) and funding by July 1, 2017.

The bill, HB 2711, would also provide authority for county school systems to share services, modify school accreditation and accountability measures, alter school and school system intervention procedures and requirements and reduce statewide student assessment requirements.

Committee counsel said the purpose of the bill is to reduce state bureaucracy and restore local control through increased flexibility in regulations for county school systems.

The original 2 percent pay raise for teachers has since been removed from the bill by the House.

Senator Robert Karnes, R-Upshur, moved to amend the committee’s technical strike-and-insert amendment by adding a provision that would require the Legislature to approve of decisions made by the State Board of Education.

Karnes said the amendment would help to slow down the process of studying standards imposed on public education in the state.

Senator Mike Romano, D-Harrison, said he was concerned that doing so would deteriorate progress in the school system further, as well as force the Legislature to go into a Special Session each year while considering and debating each standard suggested by the Board.

State Superintendent of Schools Dr. Steven Paine said the amendment would conflict with the State Board of Education’s constitution.

Heather Hutchens, general counsel for the WV Dept. of Education, and Clayton Burch, a chief officer for the WV Dept. of Education, both said they agreed with Dr. Paine’s concerns.

Education Chair Kenny Mann, R-Monroe, called for a recess for the Republican party of the committee to caucus in the back of the room. Upon reentry, Mann made a motion to pull the bill from the agenda and adjourned the meeting.

Bill to Improve Substance Abuse Treatment Approved in Senate Health

Senate Committee

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April 4, 2017

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The Senate Health and Human Resources Committee has approved six bills to be reported to the full Senate with the recommendation that they pass.

HB 3102 would permit the Secretary of DHHR to sell Hopemont Hospital and its assets.

Committee counsel made a strike-and-insert amendment to correct technical issues in the bill.

The bill will be referred to Senate Finance once reported to the floor.

HB 2366 would require the selling of Jackie Withrow Hospital by the Secretary of the Department of Health and Human Resources.

Committee counsel made a strike-and-insert amendment to correct technical issues in the bill.

The bill will be referred to Senate Finance once reported to the floor.

HB 2520 would prohibit the use of a tanning device by a person under the age of 18.

Lead sponsor of the bill Delegate Amy Summers, R-Taylor, voiced her support for the bill’s passage to the committee and shared different statistics about tanning that motivated her to take the lead on the bill.

Summers said many other countries and states have already adopted similar legislation.

A representative from the American Cancer Society discussed the society’s support for the bill and answered questions from members of the committee related to scientific studies that prove that tanning beds are more harmful than the sun.

Conrad Lewis spoke against the bill on behalf of the American Suntanning Association and said it could harm small businesses and put many citizens out of jobs.

Lewis said the association is, however, supportive of parental consent and health risk education, and is concerned that many of their customers would resort to tanning at home unsupervised by tanning professionals, causing more health damages.

“This isn’t a solution,” said Lewis. “This will just increase risk.”

Senator Ron Stollings, D-Boone, shared his opposition for the bill and spoke from his personal experiences as a doctor who has dealt with skin cancers and as a person who lost an uncle to melanoma.

HB 2428 would establish additional substance abuse treatment facilities.

DHHR Secretary Bill Crouch was available to answer questions from members of the committee and said he was concerned with how well facilities would be able to adapt to the bill’s requirement for more beds in treatment facilities by the deadline of July 1, 2018.

J.B. Akers, member of a local nonprofit drug treatment facility board in Kanawha County, was available to answer questions from members of the committee.

Senator Ryan Weld, R-Boone, first amended the bill to allow the DHHR secretary to have rule-making authority with the provisions of the bill, including the ability to adjust the deadline date. Weld also included some technical corrections in this amendment.

Senator Corey Palumbo, D-Kanawha, amended the amendment to clarify that the bill would apply only to existing facilities.

Weld made an additional amendment to create a special revenue account to help fund the bill’s provisions outside of state appropriations.

The bill will be referred to Senate Finance once reported to the floor.

HB 2745 would add provisions for the testing of applicants for the position of Advanced Care Technician for those municipalities which provide an advance life support ambulance service.

HB 2846 would include high school students participating in a competency-base pharmacy technician education and training program, as persons qualifying to be a pharmacy technician trainee.

The committee also laid over HB 2376, which would reorganize the structure of several state health organizations.

Crouch said the DHHR opposes the bill’s passage and does not see how it is feasible for continuing certain administrative functions.

“This is a terrible bill,” Crouch said. “We truly don’t know how to do this.”

Health Chair Tom Takubo, R-Kanawha, moved to postpone the bill indefinitely. The motion failed, since some senators wished to give the sponsors of the bill a chance to defend their intentions for the bill.

The bill will be referred to Senate Government Organization once reported to the floor.

Senate Completes Legislation on Resolutions for Memorial Bridges

Senate Floor Session

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April 4, 2017

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The Senate has completed legislation on nine concurrent resolutions related to naming certain bridges.

HCR 13 would name a bridge in Roane County the U.S. Army SSG Brian Curtis Rogers Bridge.

HCR 20 would name a bridge in Logan County the US Army PVT James Earl Pelfrey Memorial Bridge.

HCR 22 would name a bridge in Logan County the U.S. Air Force MSgt Johnny Baxter Clark and U.S. Air Force MSgt Carl Richard (Dick) Clark Memorial Bridge.

HCR 36 would name a bridge in Cabell County the U.S. Army PFC John Ira Pinkerman Memorial Bridge.

HCR 49 would name a bridge in Logan County the U.S. Army PFC Donald Ray Cochran Memorial Bridge.

HCR 51 would name a bridge in Logan County the Toby” Runyon Memorial Bridge.

HCR 54 would name a bridge in Randolph County the U.S. Army PVT Preston D. Vanscoy Memorial Bridge.

HCR 60 would name a bridge in Marion County the William “Bill” R. VanGilder Memorial Bridge.

HCR 82 would name a bridge in Monongalia County the U.S. Marine Sergeant David Paul McCord Memorial Bridge.

Senate Concurrent Resolutions 33, 42 and 49 and House Concurrent Resolutions 8, 10, 24 and 27, were also passed by the Senate for further consideration from the House.

All concurrent resolutions were previously approved in the Senate Transportation and Infrastructure Committee’s meeting this morning.

Committee Meetings Today

Health and Human Resources: 7 p.m. in 451M

Committee Meetings Tomorrow

Government Organization: 9 a.m. in 451M

Education: 9 a.m. in 208W

Military: 10 a.m. in 208W

Judiciary: 2 p.m. in 208W

Finance: 2 p.m. in 451M

The Senate is adjourned until 11 a.m. tomorrow.

Senate Bill 360 is Reported out of House Education

House Committee

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April 4, 2017

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The House Committee on Education reported some bills out of the committee to the House Floor.

Senate Bill 40 would require the inclusion of protocols for response to after-school emergencies in school crisis response plans. The bill was reported to the floor of the House with the recommendation that it pass.

Senate Bill 630 would establish the Accessibility and Equity in Public Education Enhancement Act.

Seth McKenzie with K-12 Incorporated said the program could work similarly to Omaha, Nebraska. They opened up the Omaha Virtual School which is a blended model. The district wanted to serve the students that they were losing to the outlying districts. Within a span of about three weeks the school had almost 200 students enrolled in the school. Counties could decide if they needed to have a few face to face meetings or a fully virtual options. About 60 percent of those enrolled at this certain school are homeschooled currently. There is an alignment team that would make sure that the curriculum would be adherent to the testing standards of the state. Those who have satellite internet is where there isn’t a regulatory standard currently and would be a policy question.

Delegate Hornbuckle (D-Cabell), Delegate Moye (D-Raleigh) and Delegate Folk (R-Berkeley) wanted to know how much it cost. Mr. McKenzie said the contract in Nebraska was just over $600,000.

Delegate Dean (R-Mingo) moved to amend the bill to make it so if a student transferred to or from the school they must go by the current transfer rules. The amendment was adopted.

Delegate Moye moved to amend the bill to so that online teachers in a public school classroom would be sure that a certified teacher would be in the classrooms. The amendment was adopted.

The bill was reported to the House floor with the recommendation that it pass as amended.

Senate Bill 401 would allow the county board of education base employment decisions on individual’s qualifications. This would let them turn seniority to the wayside in the hiring process.

Delegate Cooper (R-Summers) said, “This bill’s intent is to give counties the ability to hire how they see fit.”

There were two amendments from the committee. One was a technical amendment and was adopted, the other was rejected.

Delegate Wilson (R-Berkeley) moved to amend the bill so that teachers could access their personnel file in cases of a teacher transfer. The amendment was withdrawn.

Delegate Wilson spoke in support of the bill and Delegate Cooper spoke against it.

The bill was rejected.

Innovation in Education Bill Approved in Senate Education

Senate Committee

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April 4, 2017

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The Senate Education Committee has approved one concurrent resolution and one bill to be reported to the floor with the recommendation that they pass.

HCR 66 would request the Joint Committee on Government and Finance to study the sustainability of the state’s current system of higher education and how the state can better support the public institutions of higher education.

HB 3061 would encourage a limited cohort of no more than 20 schools to implement mastery-based education through the federal “Innovation In Education” program.

The schools with the program would move from the current time-based model toward a mastery-based model of education that allows for more personalized and differentiated learning, creates a focus on explicit, measurable, transferable learning objectives and empowers students to progress to higher levels as they demonstrate mastery with additional focus on those who have not.

Michelle Blatt of the WV Dept. of Education was available to answer questions from members of the committee regarding funding for the program.

The committee also began discussion on HB 2711, which would promote an efficient and effective public education system by reducing state bureaucracy, restoring local control through increased flexibility in regulations for county school systems and providing supports for classroom teachers throughout the state.

The bill more specifically abolishes Regional Education Service Agencies (RESA) and funding by July 1, 2017, eliminates the office of Education Performance Audits and establishes the County Superintendents’ Advisory Council.

Joey Garcia of the Governor’s Office addressed questions related to grant funding.

The bill will be referred to Senate Finance once reported to the floor.

The committee will meet 9 a.m. tomorrow in 451M.

Resolution Urging to Keep Promises Passes House Energy

House Floor Session

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April 4, 2017

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The House Energy Committee met this afternoon to discuss SB 687 and HR 13.

SB 687 would eliminate the Board of Miner Training, Education and Certification, the Mine Inspectors’ Examining Board, and the Mine Safety Technology Task Force, and the transfer of duties from those boards and task force to the Board of Coal Mine Health and Safety. It would provide that moneys be paid from special reclamation water trust fund to assure a reliable source of capital and operating expenses for the treatment of discharges from forfeited sites. It would modify modifies notification requirements for pre-blast surveys for surface mining operations and certain other blasting activities, as well as minimum bond requirements related to certain reclamation work.

HR 13 would urge the United States Congress to keep America’s promise to our retired coal miners and widows and to pass the Miners Protection Act as soon as possible and provide the full measure of benefits these retirees were promised and have earned. The resolution passed unanimously out of the Energy Committee and will be reported to the full floor.

WV Safer Workplaces Act Approved in Senate Judiciary

House Committee

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April 4, 2017

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The Senate Judiciary Committee has approved five bills and one originating concurrent resolution to be reported to the full Senate with the recommendation that they pass.

HB 2857 would create the West Virginia Safer Workplaces Act to permit employers to test employees and prospective employees for drugs and alcohol.

Senator Mike Romano, D-Harrison, proposed an amendment that would prohibit the direct observation of a sample collection for drug and/or alcohol testing to protect certain employees from being abused under provisions of the bill. The amendment was rejected, as the majority of senators felt the provision was unnecessary.

“This is a silly bill that has gone too far with no protections for employees’ privacy,” said Romano.

Romano said he would save the rest of his amendments for when the bill is brought to the floor, so that they can be heard and debated in public with the full Senate.

Senator Randy Smith, R-Tucker, said he is drug tested as a miner in front of supervisors all the time and believes the bill is “a good bill” that protects workplaces from the dangers associated with employees who might be under the influence of drugs or alcohol.

HB 2916 would authorize supervising entities to authorize ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearms.

The committee made a strike-and-insert amendment to correct technical issues in the bill.

HB 3018 would add the definition of correctional employee to the list of persons against whom an assault is a felony.

The committee made a strike-and-insert amendment to correct technical issues in the bill.

HB 2930 would allow a Powerball winner to be anonymous if they elect to be anonymous.

The bill was vetoed by the governor last year for policy concerns and technical issues.

Danielle Boyd, managing general counsel of the WV Lottery Commission, said the bill “poses several issues” to the commission related to fraud and security, transparency with public monies and other concerns.

Boyd said the commission also takes care of the winners and ensures their protection, and the commission has never had complaints in that regard.

Out of 43 state lotteries, Boyd said only six allow anonymous lottery winners.

Those who supported passage of the bill said they wanted to help protect lottery winners who, despite the Lottery Commission’s protections, are still manipulated or threatened into giving money to friends, family members and even strangers.

Senators who opposed the bill said its passage could harm the reputation of transparency in West Virginia.

The bill will be referred to Senate Finance once reported to the floor.

HB 2850 would limit products liability actions against a seller other than the manufacturer except in limited circumstances and to define terms.

Senator Mike Romano, D-Harrison, proposed an amendment to ensure the seller has some responsibility for possibly harmful situations or designs they “should have” known about. The amendment was rejected.

Romano proposed a second amendment to add language that would give a seller responsibility if a foreign manufacturer does not respond in a lawsuit. The amendment was rejected.

Originating Concurrent Resolution 3 would request the Joint Committee to study the feasibility and benefits of replacing the state’s civil service system.

The committee is in recess until after the Senate floor session, which begins at 6 p.m. this evening.

Senate Finance Reports HB 2759 Creating the Statewide Interoperable Radio Network

Senate Committee

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April 4, 2017

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The Senate Finance Committee met today to discuss one bill.

HB 2759 would create the Statewide Interoperable Radio Network. It would also create an account for the network. The network would tie every 911 call center, police dispatch center, and other communications together state wide and with other state’s bordering counties. This would let natural disaster relief much easier to do. The program has grown from a few counties to be shown how the infrastructure could be built. It would help when there is no cell service available. Other states are looking at the system in West Virginia due to its efficiency and effectiveness. This will also help with regional jail transportation.

Council had an amendment to make technical changes in the bill. The amendment was adopted.

The bill was reported to the full Senate with the recommendation that it pass as amended.

Bills Related to Retired Teachers Approved in Senate Education

Senate Committee

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April 4, 2017

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The Senate Education Committee has approved six bills to be reported to the full Senate with the recommendation that they pass.

HB 2637 would extend the date for expiration of provisions related to the employment of a retired teacher as a substitute beyond the post-retirement limit in areas of critical need and shortage to June 30, 2020.

Committee counsel amended the bill to clarify language related to additional faculty senate involvement.

HB 2651 would require nationally normed standardized achievement tests to be administered to nonpublic students between the ages of seven and 17.

HB 2799 would prohibit a superintendent of schools from requiring a physical examination to be included to the application for a minor’s work permit, unless it is required by the prospective employer.

HB 2887 would authorize Boards of Governors of institutions of higher education to develop retirement and incentive packages.

The bill will be referred to Senate Finance once reported to the floor.

HB 3095 would allow retired teachers to be employed by a higher education institution, the Higher Education Policy Commission or the Council for Community and Technical College Education without forfeiting their retirement.

HB 2571 would require the State Department of Education and the Schools for the Deaf and the Blind to jointly select language developmental milestones from existing standardized norms for purposes of developing a resource for use by parents to monitor and track deaf and hard-of-hearing children’s expressive and receptive language acquisition and developmental stages toward English literacy.

Dr. Jodi Cottrell of the Marshall University College of Health Professions said the bill also needs to include the assessment of Listening and Spoken Language, which she said is a viable English literacy option that is used by many deaf children.

A representative of the DHHR said the department was concerned that there were no data-collection measures in the bill and no provisions for what will be done if a child fails an assessment.

Antonia Vaughan, a professional educational interpreter for Kanawha County schools, said Listening and Spoken Language provisions are included in language that involves speaking and understanding English.

Vaughan also said there are provisions in the bill for data collection.

Dr. Rikki Lowe, director of special education for Lincoln County schools, said the bill shows a good collaboration to help improve IEPs and should be passed.

“Parents have a choice, and we need to support this choice,” Lowe said.

Senator Robert Karnes, R-Upshur, requested committee counsel to draft the bill into a concurrent resolution for further study of the bill’s provisions. The committee approved the motion.

The committee is in recess until 5 p.m. this evening.

House Passes WV Medical Cannabis Act Senate Bill 386

House Floor Session

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April 4, 2017

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The House of Delegates met today to pass 25 bills.

Senate Bill 28 would create a new system for certain contiguous counties to establish regional recreation authorities.

Senate Bill 169 would repeal an article providing assistance to Korea and Vietnam veterans exposed to certain chemical defoliants. The article being repealed was never taken into effect due to the Federal government taking care of those services.

Senate Bill 170 would repeal the state hemophilia program. The article being repealed was never taken into effect due to the Federal government taking care of those services.

Senate Bill 171 would repeal programs of All-Inclusive Care for the Elderly. The article being repealed was never taken into effect due to the Federal government taking care of those services.

Senate Bill 180 relates to PSC jurisdiction over certain telephone company and internet services.

Senate Bill 186 would adjust the date when children become eligible for certain school programs and school attendance requirements.

Delegate Espinosa (R-Jefferson) said the bill would be a county by county process.

Delegate Rohrbach (R-Cabell) said the bill would also sync up with schools starting earlier in the year.

Senate Bill 198 would expand Health Sciences Programs to allow certain medical practitioners in underserved areas. The bill would give monetary incentives for students to complete their residency in underserved parts of the state.

Senate Bill 221 relates to the composition of the PEIA Finance Board.

Senate Bill 280 would move the administration of Civil Air Patrol to Adjutant General.

Senate Bill 321 would report requirements of employee information to CPRB.

Senate Bill 344 relates to applications of payments on consumer credit sale and loans.

Senate Bill 350 would allow licensed professional counselors to be issued a temporary permit.

Senate Bill 358 relates generally to trustee sales of timeshare estates.

Senate Bill 364 would incorporate changes to Streamlined Sales and Use Tax Agreement.

Senate Bill 365 would maintain solvency of Unemployment Compensation Fund.

Senate Bill 386 would create the WV Medical Cannabis Act.

Delegate Shott (R-Mercer) said the bill implements protections in pricing, won’t be implemented fully in two years, and provides adequate flexibility for changes.

Delegate Fast (R-Fayette) said, “This bill goes against Federal Law. Are we a nation of laws or of mob rule?”

Delgate Lane (R-Kanawha) said, “I just want to thank the Judiciary Chair for all the work you have done. I don’t think anyone is 100 percent happy with the bill but this is a lot further than we thought we’d get this session. We can’t wait for the Feds while people die. We are here to help people. Let’s hope the federal government follows our lead.”

Delagate Cooper (R-Summers) said, “In a few years we will be trying to put the toothpaste back in the tube or the bullet back in the gun. The best way to stop that is with a no vote on this bill.”

Delegate Pushkin (D-Kanawha) said, “No other states who have completed similar legislation have gone back. Even though I supported a different amendment last night, I wholeheartedly support this bill now. And we aren’t bringing cannabis to West Virginia. It is already here. We are just brinigng some of it out of the shadows.”

Delegate Howell (R-Mineral) said he supported the bill after speaking with his constituents.

Delegate Ambler (R-Greenbrier) said, “This bill is a step towards being more compassionate so I support the bill.”

The bill passed with a vote of 76 yeas and 24 nays.

Senate Bill 392 relates to Municpal Police Officers and Firefighters Retirement Sustem.

Senate Bill 398 would create the Emergency Volunteer Health Practitioners Act.

Senate Bill 495 relates to regulation of events by the State Athletic Commission.

Senate Bill 505 would provide a five-year reclamation period following the completion of well pads for horizontal wells.

Senate Bill 564 relates to the Statewide Independent Livin Council.

Senate Bill 566 would pay the claims angainst the state.

Senate Bill 581 would relate generally to the administration of trusts.

Senate Bill 588 relates to reproduction, distribution and sale of tax maps.

Senate Bill 671 relates to the WV Anatomical Board.

There were 12 bills on second reading today.

The following committees meet today:

Finance at 4 p.m.

Judiciary at 4 p.m.

Education at 4 p.m. and 9:30 tomorrow.

Energy at 4 p.m. in the Government Organization room.

The House is in recess until 7 p.m.

Update:

The House moved to concur with the Senate amendments to the bills that were passed earlier today.

The House then received reports from committees.

On second reading was bill Senate Bill 484. The bill’s amendment would eliminate sales tax exemptions such as digital downloads, services, transportation and other various services. There would be a light reduction in the sales tax as well.

Delegate Boggs (D-Braxton) wondered how the General Revenue fund would be impacted if this amendment was adopted. He was informed that $107,000,000 would be expected to be gained from the amendment. Towards the end of the amendments implementation however, the state would lose $15,000,000.

Delegate Householder (R-Berkeley) said financially they cannot predict how the sales tax lowering would help consumers spend more and bring in more revenue from that.

Delegate Sponaugle (D-Pendleton) said, “There are a lot of simple things that we can do to raise revenue that aren’t this. I urge rejection.”

Delegate Folk (R-Berkeley) said, “After natural disasters, we are going to tax people for the service to fix their roof if they are hiring someone else to do the work. They can spin it any way they want it, this is a tax increase. I’ll have no part of it.”

Delegate Howell (R-Mineral) said, “This would be a tax decrease in the span of two years.”

Delegate Cowles (R-Morgan) said, “The idea of broadening the base and lowering the rate is a great idea. Otherwise, only certain groups of people are paying more than what they should and others aren’t paying enough. I feel that this is good economic policy and good tax policy. This is fairer for everybody. This could also give us a competitive advantage against other border states.”

Delegate Miley (D-Harrison) said that businesses should help to pull the rope more and for that reason he was against it.

The amendment was adopted with a vote of 53 yeas and 46 nays.

The House then received more committee reports.

Committee meetings:

Finance at 10 a.m.

Rules at 10:45 a.m.

The House is adjourned until 11 a.m. tomorrow.