Blog – Page 187

Senate Completes Legislation Allowing Police Officers to Conceal Carry Nationwide

Senate Floor Session

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April 4, 2017

The Senate has completed legislation on four bills that will now be sent to the governor for approval or rejection.

SB 173 would create an autocycle exemption from motorcycle examination, licensing and endorsement requirements.

SB 230 would require all law-enforcement agencies in this state to certify qualified law-enforcement officers, retired law-enforcement officers, prosecuting attorneys and assistant prosecuting attorneys to carry concealed firearms nationwide as provided by the federal Law-Enforcement Officers Safety Act.

SB 522 would define audit procedures between pharmacy benefits managers and pharmacies.

SB 575 would limit nuisance actions against shooting ranges for noises.

Of the bills up for completion, the Senate rejected the House amendments for Senate Bills 172, 204, 224 and 554, and sent one amended bill to the House for concurrence.

The one bill sent back for concurrence for an amended title, SB 125, would authorize the Health Care Authority to promulgate a legislative rule relating to the Hospital Assistance Grant Program.

The Senate also passed 19 bills to be sent to the House for consideration.

SB 304 would appropriate $2,700,000 from the General Revenue Fund to the Division of Health within the Department of Health and Human Resources.

SB 694 would appropriate $3,300,000 from the General Revenue Fund to the Department of Administration.

HB 2188 would extend the length of time for the special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth.

HB 2364 would prohibit electioneering during early voting periods in and around early voting locations to the same extent as is currently prohibited at polling places on election day.

HB 2404 would bar persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance.

HB 2479 would adopt and implement the provisions of the Uniform Deployed Parents Custody and Visitation Act in West Virginia to set standard procedures for resolution and determination of custody and visitation issues when a parent is deployed in the military or other national service.

HB 2509 would permit a physician to prescribe certain controlled substances when using telemedicine technologies.

HB 2518 would permit a pharmacist or pharmacy intern to administer HPV vaccines for adults as well flu and HPV vaccines for children 12-15 with a prescription.

HB 2519 would require the secretary of the Department of Health and Human Resources to enter into a compact to ensure payment for health care services provided to other states’ Medicaid participants.

HB 2522 would allow the state to enter into an interstate licensure compact for registered nurses, practical nurses and vocational nurses with 25 other states.

HB 2526 would classify additional drugs to Schedules I, II, IV and V of controlled substances.

HB 2586 would update the required minimum distribution laws to be in compliance with federal Internal Revenue Code requirements.

HB 2653 would extend the multistate real-time tracking system to June 30, 2023.

HB 2706 would authorize legislative rules related to higher education, involving the West Virginia Higher Education Grant Program, the PROMISE scholarship, the Research Trust Fund Program and the Annual Reauthorization of Degree-Granting Institutions, among others.

HB 2731 would clarify that only civil actions with controversial amounts exceeding $7,500 must be heard in circuit court, except in actions relating to real estate installment sales contracts or actions confined exclusively by the Constitution to some other tribunal.

HB 2739 would provide that an eligible provider may receive supplemental Medicaid reimbursement, in addition to the rate of payment that the provider would otherwise receive, for Medicaid ground emergency medical transportation services, and that the supplemental reimbursement shall be equal to the amount of federal financial participation the department receives as a result of claims submitted for expenditures for services.

HB 2796 would allow the West Virginia National Guard to contract for specialized technical services with the federal government for specialized technical services to support specific activities related to national security, homeland security and other military-related programs.

HB 2856 would generally declare public policy and legislative intent for improving the marketing, quality and frequency of passenger rail service of the Cardinal Passenger Train.

HB 2948 would require certain state agencies to take final action on certain completed permit applications within thirty days if uncontested, or ninety days if contested, unless other timelines exist.

Of the bills on third reading, SB 476 was requested to lie over for one day. The bill would expire funds in the amount of $101,700,000 from the Revenue Shortfall Reserve Fund to the General Revenue Fund.

Members of the Senate also adopted SR 67 to declare January 26th of each year as “Danny Heater Day.”

Senate Bill 199 and House Bills 2006, 2083, 2119, 2219, 2303, 2319, 2367, 2373, 2427, 2446, 2453, 2475, 2548, 2619, 2676, 2683, 2726, 2734, 2767, 2898, 2939, 2949, 2963 and 2980 were advanced from second reading.

Of those, amendments were made to 11 bills.

House Bills 2083, 2219, 2303, 2367, 2373, 2619 and 2980 were amended by Senator Charles Trump, R-Morgan, on behalf of decisions made by the Senate Judiciary Committee, on which he serves as Chair.

Senator Randy Smith, R-Tucker, amended the Judiciary amendment to HB 2303 to increase fines for those who litter in waterways and prohibiting magistrate or municipal judges from dismissing a related action without notifying the prosecuting attorney of that county.

Senator Craig Blair, R-Berkeley, made amendments to House Bills 2446 and 2767 on behalf of decisions made by the Senate Government Organization Committee, on which he serves as Chair.

Senator Mike Hall, R-Putnam, amended HB 2734 on behalf of decisions made by the Senate Finance Committee, on which he serves as Chair. Hall also made an additional amendment to make minor technical corrections to the bill.

Senator Roman Prezioso, D-Marion, proposed an amendment to HB 2319 related to campaign contributions and lobbyists’ expenditures, but the amendment was rejected after Senate President Mitch Carmichael, R-Jackson, determined that the amendment was not germane to the bill.

Of the bills on second reading, HB 2555 was requested to lie over for one day.

All bills on first reading were advanced to second reading.

Committee Meetings Today

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Tomorrow

Judiciary: 9:30 a.m. in 208W

Military: 10 a.m. in 208W

Health and Human Resources: 10 a.m. in 451M

The Senate is in recess until 6 p.m. this evening.

House Education Committee Reports SB 656

House Committee

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April 4, 2017

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The House Education Committee met today to discuss two bills.

Senate Bill 656 relates to Student Data Accessibility, Transparency and Accountability Act.

Jason Webb a representative of the ACT, said the bill would allow another box to be checked that a student’s information may be shared to any college that may want to look at their non-confidential information for scholarship or recruitment purposes. This would be in addition to those whom they would already send it to by the test taker’s request.

There were two amendments by council that were adopted to alter some of the language in the bill.

Delegate Westfall (R-Jackson) moved to amend the bill to make it so that 15 year olds could also receive information by checking the box.

Delegate Higginbotham (R-Putnam) said, “I support the gentleman’s amendment and getting the parent’s permission would be an additional hassle.”

The bill was reported to the full House with the recommendation that it pass.

Senate Bill 630 would establish Accessibility and Equity in Public Education Enhancement Act. The bill would allow for schools to contract with virtual school providers. It allows students an online pathway to get a high school diploma. The students would be counted in enrollment when it comes to receiving state aid. The students would also have to test at the same standards. The students would be allowed to participate in extracurricular activities but have to comply with the activities other eligibility requirements. Students enrolled in these classes would only be allowed to participate in sports from their district. The online teachers are not required to be in the county.

Delegate Moye (D-Raleigh) wanted to be sure that students would have to be enrolled in order to take those classes. He also questioned council confirming the bill could open up curriculums that aren’t currently offered at some schools.

Dr. Ron During, the superintendent of Kanawha County Schools, said the bill would provide that rural counties who may not have access to certain classes can get that online from other counties that would participate.

Delegate Cooper (R-Summers) said, “Not everyone wants to go to college and some students get kicked out. Could those who get kicked out be able to take these classes?”

Dr. During responded that could be a real possibility.

The bill was laid over until the next meeting.

House Finance Discusses Tourism and Advertising

House Committee

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April 4, 2017

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The House Finance Committee met at 9 a.m.

SB 433 would permit counties to increase the excise tax on the privilege of transferring real property. The bill will be reported to the floor with recommendation it do pass.

SB 595 would allow portions of otherwise exempt property that are being used for nonexempt purposes to be separately assessed and taxed for property tax purposes. The bill will be reported to the floor with recommendation it do pass.

SB 461 would exempt the West Virginia State Police from state purchasing requirements. The bill will be reported to the floor with recommendation it do pass.

SB 686 would exempt facilities providing direct patient care that are managed, directed, controlled and governed by the Secretary of the Department of Health and Human Resources. from the otherwise required oversight and review by the Purchasing Division of the Department of Administration. The bill will be reported to the floor with recommendation it do pass.

SB 533 would provide that no wine or liquor excise tax will be collected on purchases of wine or intoxicating liquors in the original sealed package for the purpose of resale, if the final purchase of the wine or intoxicating liquor is subject to the excise tax. The bill will be reported to the floor with recommendation it do pass.

SB 486 would change the rate of tax on eligible acute care hospitals for fiscal year 2018; specify purposes for which funds may be collected, provide for distribution of remaining funds at the end of fiscal year and extend the expiration date for the tax. The bill will be reported to the floor with recommendation it do pass.

SB 535 would reorganize the Division of Tourism as the new West Virginia Tourism Office. It would transfer certain powers and duties of the Tourism Commission to the new West Virginia Tourism Office, and sets a requirement for quarterly meetings. The bill would restructure the Tourism Advertising Partnership Program as a cooperative advertising program administered by the new West Virginia Tourism Office and would give power to the Executive Director all authority for expenditures of funds in the Tourism Promotion Fund.

Names for 17 Bridges Approved in Senate Transportation

Senate Committee

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April 4, 2017

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The Senate Transportation and Infrastructure Committee has approved 18 concurrent resolutions and two House bills to be reported to the floor with the recommendation that they pass.

SCR 33 would name a bridge in Kanawha County the US Army Ranger SGT Richard E. Arden Memorial Bridge.

SCR 42 would name a bridge in Grant County the Five Champ Brothers Bridge.

SCR 49 would erect signs in Kanawha County declaring Home of Ralph Maddox 1980 NHPA Hall of Fame.

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.

HCR 5 would name a bridge in Taylor County the U.S. Navy Rear Admiral Frederick Burdett Warder Memorial Bridge.

HCR 8 would name a bridge in Mason County the Dr. Roy and Marian Eshenaur Memorial Bridge.

HCR 10 would name a bridge in Greenbrier County the John Cameron Brown Memorial Bridge.

HCR 24 would name a bridge in Upshur County the U.S. Army SGT. Eugene Arbogast Memorial Bridge.

HCR 27 would name a bridge in Logan County the U.S. Army 1LT Patricia Simon Memorial Bridge.

HB 2694 would develop and implement a program to facilitate commercial sponsorship of rest areas, welcome centers and roads.

The fiscal note from the Division of Highways (DOH) indicates the bill could raise around $450,000 annually for the state.

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

HB 3064 would permit the DOH to issue annual permits allowing vehicles of a size and weight exceeding certain specifications to operate over specified routes designated by the commissioner.

The maximum gross vehicle weight permitted under the bill is 120,000 pounds.

The fiscal note from the DOH indicates the bill could cost the state $8,000 each year in DOH engineering evaluations and raise $40,000 for the state in annual permit fees.

DOH Highway Maintenance Director Kyle Stollings was available to answer questions from committee members about how the DOH would handle the bill.

Jason Wazelle of Norfolk Southern said he was concerned about the lack of provisions in the bill for funding repairs if there is damage done to a road due to extensive wear from heavier vehicles using the road.

Rachael Kaufman of Toyota Motor Manufacturing in West Virginia said they had asked for the bill to be drafted since it would help to address road regulations in the state that hamper their productivity.

Kaufman said Toyota and the Chamber of Commerce see the bill as “an economic driver for business.”

Senator Mark Maynard, R-Wayne, proposed an amendment to the bill to allow Toyota to determine the specific routes that need deregulation with the Legislature, rather than specifically having the DOH determine the routes.

The amendment was rejected, since many senators felt that the DOH would be able to better meet the needs of both the roads and vehicle manufacturers than the Legislature.

House Health Committee Reports SB 27 to House Floor

House Committee

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April 4, 2017

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The House Health Committee met today to discuss one bill.

Senate Bill 27 relates to microprocessor permits and would permit the sale of home-based, micro-processed foods at farmers markets. The bill would help farmers markets to continue to be small business incubators and help give rural communities access to farm fresh foods.

Delegate Cooper (R-Summers) said, “I am against this bill. I think if we adopt this bill then we will be stepping backward in terms of safety.”

Delegate Fleischauer (D-Monongalia) said, “I intend to vote yes on this bill but I am concerned about the lack of inspections.”

Delegate Sobonya (R-Cabell) said, “I urge adoption of this legislation. There would be a label on the can that says the food was processed in West Virginia without inspection. The people will know the process of the food’s production and this bill could really help farmers markets.”

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

Increased Pet Food Registration Fee Approved in Senate Finance

Senate Committee

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April 4, 2017

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The Senate Finance Committee has approved two bills to be reported to the floor with the recommendation that they pass.

HB 2552 would increase the pet food registration fee and direct that the additional money to the West Virginia Spay Neuter Assistance Fund.

The bill was previously amended and reported out of Senate Agriculture and Rural Development with the recommendation that it pass.

HB 2720 would permit the School Building Authority to transfer funds from the School Construction Fund into a special revenue account in the State Treasury.

The bill was previously amended and reported out of Senate Education with the recommendation that it pass.

The committee will meet again 3 p.m. today in 208W.

Medical Marijuana Bill Amended in House Evening Session

House Floor Session

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April 3, 2017

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The House reconvened at 3:45 p.m. to discuss SB 386 (Creating WV Medical Cannabis Act). Two amendments were proposed. One by Delegates Shott and Zatezalo and one by Delegates Pushkin, Hornbuckle, Byrd, Hill, McGeehan, Lane, and Robinson. Both amendments were explaned, first Shott’s then Pushin’s. If the body voted for Shott’s amendment, then Pushkin’s amendment wouldn’t be up for adoption. Amendments to the amendment adopted shall happen after one is chosen.

Chairman Jon Shott (R-Mercer) explained his amendment saying it was modeled after Pennsylvania. It would be structured under the Bureau of Health and have an advisory board for safe guards. A physician would issue a certification to a patient for a dosage amount. The physician must have training and certification for the new law. The physician must be a certified practicing West Virginia licensed physician; practicing in his/her area of expertise.

In this amendment the medical cannabis could not be purchased edible or smoked in this bill. Only oil, pills, topical forms (gels, creams, ointments), medical evaporations or nebulization, tincture, liquid, and dermal patch can be used according to this bill.

ID cards will be required for certification; there will be a $50 fee per year for the ID. Under this amendment will only be five permits for growers and 15 permits for dispensaries.

Fees in the Shott amendment include:

For a Grower/Processor:

· Initial Application Fee: $10,000 (nonrefundable)

· Permit fee: $100,000

· Renewal fee: $10,000 yearly

For a Dispensary:

· Initial Application Fee: $5,000 (nonrefundable)

· Permit Fee: $25,000

· Renewal fee: $5,000 yearly

· Relocation Fee: $250

There is no sales tax for patients. There is a 10 percent tax on grower or processer to dispensary. The taxes will go to the Medical Cannabis Program Fund, which will be divided as follows: 55 percent to bureau costs and the of the remaining 45 percent: 50 percent to the Fight Substance Abuse Fund, 40 percent to the Division of Justice and Community Services, and 10 percent to law enforcement professional training and professional development programs.

The dispensary must monitor distribution and report to Board of Pharmacy. The cannabis must be sold in a sealed safety package with clear labels and warnings.

The bill provides for criminal offenses for altering cannabis, having more cannabis than allowed, creating false ID cards, and more.

Part of the bill are made effective from passage, such as the set up. The criminal penalties are 90 days from passage. The industry would be fully operational by July 1, 2019.

Delegate Mike Pushkin (D-Kanawha) explained his amendment saying it has many of the safeguards that the Chairman’s has. There are more similarities than differences. He said instead of an advisory board, his amendment sets up a Commission to enact policy, with an executive director. It would still require legislative rule making, so there would still be legislative oversight.

He said his amendment allows for edibles and smoking of the cannabis, because he said, patients prefer these forms. He said there is also better control with the amount used by smoking it. The commission would set up limitation for edibles, such as items shouldn’t look like something else that kids would want. He said his amendment would also allow for those certified to have medical marijuana to have two flowering plants and two non-flowering plants to grow themselves if they cannot afford the cost of the cannabis.

His amendment allows the commission to come up with the number of licenses for growers, processors, dispensaries, and independent labs for testing. Pushkin said that in his amendment 10 percent of the licenses go to veterans. It also allows municipalities to enact ordinances prohibiting or limiting the number and type of cannabis dispensaries permitted within the municipality. He said the fees and limits would be set up by the commission.

Pushkin said that the industry is already in West Virginia. It’s the ranked 7^th in the nation. He noted that the state doesn’t see a dime of the profits of this industry. He said “our bill brings everyone out of the shadows, allows them to produce legally, and taxes them.”

He said there’s an eight percent tax to processers and dispensaries. The taxes would be distributed as follows: 50 percent to the Fight Substance Abuse Fund, 40 percent to the Division of Justice and Community Services, and 10 percent for law enforcement professional development. In this amendment, there would also be a sales tax on all medical cannabis products sold by a dispensary, which would go to the general revenue fund.

He said his amendment includes the treatment of opioid abuse as a medical reason for use.

He said it’s important to note that this amendment has bi-partisan support and that the people who voted to push this legislation forward stand behind this amendment. He said his bill allows for reciprocity with other states, if the commission makes it a rule. Pushkin stated that if a person has been convicted of a felony, then he/she couldn’t work at a dispensary. He also said that his amendment allows for outdoor growing to help the Southern part of the state grow on reclaimed mine sites. He said, “we are the ones who actually believe in this.”

Delegate Larry Rowe (D-Kanawha) said that “I think the difference between the amendments is that one maintains the opioid monopoly. By charging $100,000 to growers and $25,000 for dispensaries, the Chairman’s amendment is restricting assess. He said the bill allows for “manufactured marijuana” such as pills, lotions, and patches. He stated that these are people that take over 20 medications and aren’t looking for more pills to take. He asked, why turn this over to the pharmacy manufactures? He said the Chairman’s amendment did nothing to benefit WV businesses or the budget.

Delegate Shawn Fluharty (D-Ohio) asked the Chairman to yield. He asked the statement “the government does not restrict the number of pharmacies” was correct. Shott said that was correct. He asked if it was correct that only four of 28 state that have medical marijuana do not allow smoking? Shott said that is correct. He spoke to the amendment saying that the black market for smoking will still exist. Not allowing smoking won’t stop smoking. He said, “Let’s not let big government ruin this opportunity.”

Delegate Geoff Foster (R-Putnam) said he would be voting for the Chairman’s amendment. He said he has issues with the Pushkin amendment. One being that it doesn’t say that the caregiver must grow the plant for the child. He said he doesn’t like that physicians can receive compensation. He reminded the body that “what we are doing is contradicting to federal law.” He said that the other amendment states that the state would have to cover lawsuits with the federal government, if it came to that.

Delegate John O’Neal (R-Raleigh) spoke in favor of the Shott amendment. He gave the example of a guy in California who had cancer and grew his own marijuana to smoke to help with the effect of the chemo. He said the plan the man had developed some fungi and the man died from smoking it.

Majority Leader Daryl Cowles (R-Morgan) said, “My concern is the availability and access to marijuana for explicit use.” He said the Shott amendment is the reasonable one, which “meets halfway.” He said the Chairman calls the other amendment the “Wild, Wild West.”

Minority Whip Mike Caputo (D-Marion) said we are only talking about four plants and now we are the wild, wild, West? He said “I’m not sure how many opioids you can have at a time, but I’m sure you can look at anyone’s medicine cabinet to find out.” He said he never thought he’d be around to see this debate. He said he’s proud that it is happening. He said it was very bold and brave for those who voted against their party to get this bill on the agenda.

Delegate Jordan Hill (R-Nicholas) said he rejects the Chairman’s amendment because he believes in free markets. “If we are going to ensure medical marijuana will be affordable for WV, we have to reject the Chairman’s amend.”

The Shott amendment passed 51-48. Other amendments are to come.

The House is in recess until 8 p.m.

Update:

Additional amendments can be found here. Six were rejected and nine adopted.

HB 2018 (the budget bill) was also received from committeed and read for a first time. There will be amendments allowed on 3rd reading for the bill.

Senate Amends House Amendments to SB 256

Senate Floor Session

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April 3, 2017

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The Senate has amended the House amendment to a bill that would prohibit school personnel who have engaged in sexual misconduct with students or minors from being assisted to find new employment without having that misconduct reported to the appropriate authorities and investigated.

The House amendment to the bill, SB 256, would have added a new section to the bill relating to prohibiting aiding and abetting of sexual abuse by school personnel.

Senate Majority Leader Ryan Ferns, R-Ohio, said the new section made by the House Judiciary Committee deviated away from the bill’s original intent.

The bill will now be sent to the House for concurrence.

Committee Meetings Tomorrow

Finance: 9 a.m. in 451M

Transportation and Infrastructure: 10 a.m. in 208W

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

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

Senate Finance Approves Governor Justice’s Budget Bill

Senate Committee

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April 3, 2017

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The Senate Finance Committee has approved the committee substitute for Governor Justice’s proposed budget bill to go to the floor with the recommendation that it pass.

The bill, SB 199, passed with a vote of 9-7 split across the party line.

The first version of the bill originally would have made around $26.6 million in cuts to ten state agencies, create about $450 million in tax increases and raise teacher’s salaries by 2 percent.

Republican leadership in the Senate worked alongside Senate Finance Committee counsel to create a committee substitute for the bill that incorporates the provisions of passed Senate Bills 362, 437 and 484.

The resulting committee substitute most notably removes the 2 percent pay raise for teachers, makes an additional, across-the-board 15.1% cut to higher education institutions, eliminates $43.8 million worth of certain DHHR programs, removes the funding increase for the Division of Tourism, eliminates $60.8 million from the State Road Fund and removes the $105.5 million “Save Our State” appropriation to the West Virginia Development Office, among other revisions.

As of now, Governor Justice and the House have not seen the committee substitute for the governor’s budget.

Budget policy analyst Michael Cook presented the committee substitute.

“The bill had to be tailored to the actual revenues we have to work with,” Cook said.

DHHR Deputy Secretary Jeremiah Samples said he was not pleased with the cuts made, but would have to confer with governor’s office before taking any official position on the bill or making any recommendations.

Matt Turner, executive vice chancellor of the Higher Education Policy Commission, said the HEPC has a “significant concern” with cuts to colleges and universities and said those institutions would most likely have to resort to cutting certain online services.

Senator Corey Palumbo, D-Kanawha, said cuts to both health programs and higher education would ultimately prove to be “a tremendous burden on the people of our state.”

Senator John Unger, D-Berkeley, was concerned that most of the subcommittee recommendations were not included in the bill, but Finance Chair Mike Hall, R-Putnam, said the bill was essentially consisting half of subcommittee recommendations and half of decisions made by the Republican caucus in the Senate.

Hall said the House is working on their budget suggestions in a similar way.

Unger said he believed the committee was simply ignoring the minority’s vote and input on the bill.

Senator Ron Stollings, D-Boone, said the proposed budget would add cost to next year’s budget, because of the damage it could do to citizens who rely on certain government programs to survive that are being cut.

Stollings said tax increases are the only way to truly guarantee a more balanced budget for the coming years, instead of one-time and continuous cuts.

Senate Majority Leader Ryan Ferns, R-Ohio, said the citizens of West Virginia “cannot bear any more taxes,” which he said are a large part of the reason the state has been losing population.

Senator Robert Plymale, D-Wayne, said the budget would do nothing to help the real problem the state has with providing jobs and economic development.

“This is the worst budget I will ever vote on,” Plymale said.

Senate Minority Leader Roman Prezioso, D-Marion, said he agreed with his minority party’s sentiments and that he is “disheartened” by the actions of the committee in ignoring the inevitable consequences of the bill.

“This is probably the most cruel budget I’ve ever seen,” said Prezioso. “This is just abominable.”

Ferns, however, said the committee was simply doing its duty to the citizens of the state who “demand it from us to show fiscal restraint in our budget.”

“This is hands-down one of the most difficult decisions we’ll ever face,” said Ferns, “But this is the most difficult budget situation our state has ever faced.”

The committee is expected to meet tomorrow at 3 p.m. in room 451M.

Senate Judiciary Committee Reports House Bill 2546

Senate Committee

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April 3, 2017

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The Senate Committee on Judiciary met today to discuss five House bills.

House Bill 2585 would creating a felony crime of conducting financial transactions involving proceeds of criminal activity. The punishments for these crimes would be tiered monetarily and each transaction would be deemed a separate offense. There was a strike and insert amendment.

Senator Miller (D-Greenbrier) once again warned the committee of adding jail time offenses because West Virginia will soon have to build new jails.

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

House Bill 2675 relates to primary elections and nominating procedures. By changing a number of sections of code, ballot races would be reordered so that nonpartisan races and partisan races would be reorganized. This would make it so that county surveyors and those in non-partisan elections in the judicial branch would have their races with others in their county.

Senator Woelfel (D-Cabell) moved to amend the bill so that a “none of these candidates” option is available for the Presidential election on the ballot so that voters can express their distaste for either candidate.

Senator Smith (R-Tucker) questioned council about what would happen if someone changed their name to “none of these candidates”. They said it has happened before in Indiana but there are contingencies in place to prevent too much confusion.

Council cited that in 1901 there was a case that declared it unlawful to cast a vote for someone who wasn’t a qualified candidate but could not confirm that the decision was grounded in the constitution or the way that code read at the time.

The bill was laid over to tomorrow’s agenda after the germaneness of the amendment was in question.

House Bill 3030 relates to appeals as a matter of right in the West Virginia Supreme Court of Appeals. The bill would make sure that all appeals would be granted the right to hearing by the Judicial branch. There was a strike and insert amendment. The bill was reported to the Senate with the recommendation that it pass.

House Bill 2546 would allow replacement costs of employer provided property to be deducted from an employee’s final paycheck if the property is not returned. The purpose of this bill is to address employees that gain employer provided property and don’t return it. This would make an agreement between the employer and the employee so that the employer can have their things returned to them otherwise they will receive a reimbursement taken out from the employee’s final pay check. The employer would only receive the amount of money for the item’s current value and not value at the time the property was given.

Senator Romano (D-Harrison) moved to amend the amendment to make it more clear how the depreciation of the item’s value would work under the bill. The amendment to the amendment was adopted. The amendment was also adopted.

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

House Bill 2857 would create the West Virginia Safer Workplaces Act. The article created would be limited to the private sector. The bill would allow employers to test employees for drugs and alcohol, says how samples should be collected, provides that employers pay for the tests and transportation to the tests, it must be carried out through a written policy, and discipline from the findings of the test.

Senator Romano moved to amend the bill so no employee can be fired from taking legally prescribed drugs so long as the employee is using it as prescribed. The amendment was rejected.

The bill was laid over until the next meeting with amendments pending.