Blog – Page 189

Industrial Hemp Licensing Bill Approved in Senate Agriculture

Senate Committee

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March 31, 2017

The Senate Agriculture and Rural Development Committee has approved two bills to be reported to the full Senate with the recommendation that they pass.

HB 2453 would expand the list of persons the Commissioner of Agriculture may license to grow or cultivate industrial hemp.

Committee counsel said the Department of Agriculture has approved of the bill.

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

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

The Fund has not received any regular funding since its creation, and the bill is expected to bring nearly $90,000 into the Fund.

Theresa Bruner of the Federation of Humane Organizations in WV discussed the organization’s support for the bill.

Bruner said the dog food industry would be able to afford the fee raise due to its rapid financial growth over the past few years.

Attorney Mark Harman said the pet food industry is “adamantly opposed” to the bill and that he believed there were better ways to raise the money for the Fund rather than targeting one industry.

Senator Charles Clements, R-Wetzel, amended the bill to decrease the pet food registration fees to $50 and $35, instead of $100 and $70.

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

Action on Medical Marijuana Bill Delayed Until Monday

House Floor Session

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March 31, 2017

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Chairman John Shott addressed the House at the start of session to let everyone know he would be making a motion on second reading for SB 386 (Creating WV Medical Cannabis Act). He said he looked it over last night and he did some research and he found an issue relating to the edible form of medical cannabis. He said it needs to be properly addressed in the bill for child proof packaging and identification for what the product is. This being said he would be making a motion to postpone action until Monday, April 3 on SB 386.

Delegate Pat McGeehan asked the chairman if members on the prevailing side would be invited to collaborate with the chairman and his attorneys. The chairman said any delegate wishing to come in this weekend, including Sunday is welcome to come.

Minority Leader Tim Miley addressed the floor saying that he had spoken with Speaker Tim Armstead and Chairman Shott and they are trying to work with everyone to move this forward.

There were 16 bills on third reading; two were postponed and 14 passed the House.

Action was postponed on SB 437 again.

Action was postponed on SB 634.

SB 338 would amend the Medical Professional Liability Act by adding a definition for “occurrence,” providing for a preference of venue, establishing an attorney’s fees schedule based upon the amount recovered. The bill passed 87-12 in the House.

SB 473 would clarify the circumstances in which naturally shed deer antlers may be lawfully collected, possessed and sold and to clarify that certain wildlife or parts thereof cannot be traded or bartered. The bill passed the House 94-5/

SB 41 would extend the total number of years that a person may be subject to a period of probation to seven years. The bill passed the House 97-2.

SB 497 would modify the liability of a physician offering volunteer care at school sporting events to provide that they may only be held liable for acts of gross negligence or willful misconduct. The bill passed the House 91-8.

Committee Meetings Today

Veterans Affairs: immediately after session in 215E

Judiciary: 1 p.m. in 410M

Government Organization: 2:30 p.m. in 215E

Finance: 3 p.m. in 460M

Committee Meetings Tomorrow

Government Organization: 9 a.m. in 460M

There will be a Public Hearing on SB 687 on Monday April 3 at 8:30 a.m. in the House Chamber.

The House is in recess until 5 p.m.

Update:

Upon reconvenement the House recieved committee reports.

They then voted on a title amendment on House Bill 2486, passing it with a vote of 78-17.

The following committees meet:

Finance at 8:30 a.m. tomorrow.

Judiciary after caucus tonight.

Government Organization at 8 a.m. tomorrow.

The Huse is adjourned until 9 a.m. tomorrow.

Senate Discusses Prohibition of Production, Manufacture or Possession of Fentanyl

Senate Floor Session

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March 31, 2017

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The Senate met today to pass three bills.

House Bill 2721 would remove the cost limitation on projects completed by the Division of Highways.

House Bill 2722 would eliminate the financial limitations on utilizing the design-build program for highway construction.

House Bill 3106 relates to increasing the number of limited video lottery terminals.

The bills are now completed legislation.

On second reading there were two bills.

House Bill 2329 would prohibit the production, manufacture or possession of fentanyl.

Senator Trump (R-Morgan) said the bill would create new criminal offenses and moves fentanyl to a schedule one drug. Senate Judiciary Committee has an amendment for the bill.

Senator Woelfel (D-Cabell) said, “The bill was a good bill from the House. Senate Judiciary has made it even better. This will be a great tool to combat the drug crisis we are facing.”

The bill was moved to third reading with the right to amend.

House Bill 2878 would increase the amount of authorized Federal Grant Anticipation Notes for which the Division of Highways may apply.

On first reading there was one bill.

House Bill 2180 would authorize the issuance of special “In God We Trust” motor vehicle registration plates.

Senate Resolution 65 was also adopted today reaffirming sister-state ties between Taiwan and State of West Virginia.

These committees meet at the following times:

Agriculture and Rural Development at 1 p.m. in 451M.

Confirmations at 1 p.m. in 208W.

Judiciary at 2 p.m. in 208W.

Education at 10 a.m. tomorrow in 451M.

Government Organization at 10 a.m. tomorrow in 208W.

The Senate is adjourned until tomorrow at 9 a.m.

House Government Organization Reports Four Bills Out of Committee

House Committee

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March 31, 2017

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The House Committee on Government Organization met today to discuss Senate bills.

SB 412 relates to WV Jobs Act reporting requirements. This bill would redact reporting the job’s wage in the WV Jobs Act. This would make it so that companies employed by the state not have to report their wages for public record.

Delegate Caputo (D-Marion) moved to amend the bill. The amendment passed.

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

SB 180 relates to PSC jurisdiction over certain telephone company and internet services. The current law does not specify jurisdiction of these current services. This bill would clarify that the PSC would have jurisdiction.

Delegate Hamrick (R-Harrison) wanted to know if text messages would count underneath this and found they would not as they are a different type of data.

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

SB 350 would allow licensed professional counselors be issued temporary permit. This bill would allow temporary permits to be issued to counselors who are awaiting the results of their tests as long as they are under supervision. Their temporary license may be revoked at any time. The supervisor would be liable to any mishaps that happen while the temporary license is issued. The bill was reported to the House floor with the recommendation that it pass.

SB 480 would authorize local government adopt energy efficiency partnership programs. The bill would allow municipalities to enter into contracts with private owners to introduce energy efficiencies in their building. In order for the municipalities be able to do this, there would be resolutions of intent, public hearings, and rules and regulations they would have to follow.

Delegate McGeehan (R-Hancock) said, “I could see the government getting too involved in the private sector and development of property.”

The bill was rejected.

SB 499 would create Debt Resolution Services Division in Auditor’s office. The bill was rejected.

SB 564 relates to Statewide Independent Living Council. This bill would make technical changes to the program and were recommended for conformity with other acts. It changes and adds some definitions. The bill was moved to be amended to put a cap on the payment members of the council would be allowed to receive. The amendment was adopted. The bill was reported to the House floor with the recommendation that it pass as amended.

The committee recessed until after the House floor meeting.

Senate Finance Approves Bills Related to Governor Justice’s Budget Plan

Senate Committee

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March 31, 2017

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

SB 304 would appropriate $2,700,000 in expiring funds from the General Revenue Fund to the state Department of Health and Human Resources.

Committee counsel also informed the committee that there is currently $678 million total in the state’s Rainy Day Fund.

The bill was originally proposed by the governor as part of his budget plan.

SB 476 would appropriate $101,700,000 in expiring funds from the Revenue Shortfall Reserve Fund to the General Revenue Fund.

Mike McKown, director of the State Budget Office, was available to answer questions from committee members.

The bill was originally proposed by the governor as part of his budget plan.

HB 2963 would eliminate the requirement that the personal representative of a nonresident decedent apply to the Tax Commissioner for a certificate releasing all real property situate in this state from any estate tax lien, because West Virginia does not impose an estate tax or an inheritance tax on estates of persons dying after December 31, 2004.

HB 2734 would authorize a method for the collection and remittance of property taxes related to a dealer’s heavy equipment inventory.

Current law does not provide any special guidance in this regard.

Senator Jeff Mullins, R-Raleigh, amended the bill to make technical corrections regarding consistency in the bill’s language.

The committee will not be meeting this afternoon or Saturday, April 1.

Bill to Reduce Exploitation of Seniors’ Property Approved in Senate Judiciary

Senate Committee

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March 30, 2017

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

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

Morgan Leach, executive director of the WV Hemp Industries Association, explained an amendment offered by Senator Robert Beach, D-Monongalia, that would exclude industrial hemp from being classified as a controlled substance.

Matt Walker of GW Pharmaceuticals explained the difference between industrial hemp and regular hemp, which is considered a controlled substance.

Michael Goff of the Board of Pharmacy, said the Board supports industrial hemp as long as it is FDA-approved.

HB 2303 would increase the fines and community service hours for littering.

Those convicted of littering can be fined an amount from $2,500 to $10,000 or committed to anywhere from 16 to 200 hours of community service that could involve cleaning up litter from any public highway, road, street, alley or any other public park or public property, or waters of the state, as designated by the court.

Lead sponsor of the bill Delegate Rupert Phillips, I-Logan, urged the committee to pass the bill and said he is “tired” of seeing litter throughout the state after spending hours in his own community cleaning up litter in public areas and waterways.

Senator Mike Woelfel, D-Cabell, amended the bill to strike certain language, restore the maximum fine of $25,000, restore the court’s ability to institute a double charge of a fine and community service hours and exempt property owners from littering on their own property from criminal liability for any litter up to 50 pounds in weight.

Senator Richard Ojeda, D-Logan, said he did not agree that property owners should be allowed to litter on their own property, since doing so can reduce the property value of surrounding properties.

Senator Mike Romano, D-Harrison, said allowing people to litter on their own property is a “terrible mistake” that would make it harder to maintain clean cities and towns that are safe for citizens to live in, which is a problem he works to address in his own county.

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

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

Angela Vance of AARP said AARP has been working on this legislation for two years now to stop seniors from being exploited by their own family members and heirs.

“This is a real problem in West Virginia,” Vance said, “And it’s an ever-growing crime.”

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

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.

Current law does not allow electioneering within 300 feet of voting locations, but the bill would change this buffer zone to 100 feet to conform with federal guidelines.

Senator Romano amended the bill to clarify that exit pollers are not allowed to participate in the electioneering activities.

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.

Similar bills have been adopted in 12 other states.

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2731 would clarify that only civil actions with controversial amounts exceeding $10,000 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.

During the 2016 Regular Legislative Session, the Legislature passed SB 274 which increased the civil jurisdictional amount in magistrate court from $2,500 to $10,000. However, the Legislature failed to amend the circuit court jurisdictional statute to specify that the controversial amount, excluding interest, must exceed $10,000.

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2548 would allow nonintoxicating beer licensees to have speakers outside of licensed premises as long as their use does not disturb the peace and quietude of community where the business is located.

A general counsel for the Alcoholic Beverage Control Commission was available to answer questions from the committee and said the Commission had no position on the bill.

The committee also laid over HB 2219 to review an amendment to the bill proposed by Senator Ronald Miller, D-Greenbrier, to remove a rule that would allow the Dept. of Agriculture to issue a rule affecting the Division of Natural Resources.

The rule is one of the 49 legislative rules relating to Livestock Care Standards the bill would authorize the Commissioner of Agriculture to promulgate.

The committee will meet 9:30 a.m. Friday, March 31, in 208W.

House Health Reports Senate Bill 60

House Committee

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March 30, 2017

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The House Committee on Health and Human Resources met today to report Senate bills to the House floor.

SB 339 would create the Legislative Coalition on Chronic Pain Management. The bill was reported to the House floor with the recommendation that it pass.

SB 360 would create the Legislative Coalition on Diabetes Management. The bill was reported to the House floor with the recommendation that it pass but first be referred to the Committee on Government Organization.

SB 486 relates to health care provider taxes. The bill was reported to the House floor with the recommendation that it pass.

SB 60 relates to eligibility and fraud requirements for public assistance. There are systems like this in other states and they are doing well. Council said there is a belief based on research that there are individuals on these programs that would be found to be ineligible.

Jeremiah Samples, a representative of DHHR, said the department has been looking for years for a way to make sure that their services aren’t being taken advantage of, but ultimately it is a policy decision and the department stays neutral on this bill.

In the bill policy would be revised by setting a limit on the amount of assets one can have in order to be eligible. Delegate Bates (D-Raleigh) said that assets require income to maintain but there is no correlation between the assets one has and how hungry they are. Council later informed the committee that unless the applicant puts their assets on the form and their assets are registered with the DMV, then there is no other way for them to tell what assets they have, so they could have planes, pools or vehicles. The reason there is an asset test is because it is difficult for the department to make eligibility requirements based only on what applicants have in the bank.

Delegate Cooper (R-Summers) wanted to be sure the bill wouldn’t hurt those applying for SNAP benefits in emergency situations. He was assured it wouldn’t.

The program evaluate the eligibility and fraud requirements would be phased in so that more federal dollars could fund the program. There would also be a hearing for those who feel as though the department made a mistake and they can appeal to get their benefits back. The process to apply for an appeal would be in a written request.

Delegate Pushkin (D-Kanawha) questioned about those who have no longer are eligible for SNAP because of an increased work requirement. The presenter, Ms. Terri, said the work requirements are working, putting more people to work and giving them real wages.

Delegate Sobonya (R-Cabell) asked Mr. Samples if food stamps from West Virginia had been used in Hawaii and the Virgin Islands. He confirmed that there had been.

The bill was amended to make clear that work training or volunteering would count toward the work hours requirement and to implement the program fully by October 1, 2020. The amendment was attempted to be amended by Delegate Baldwin (D-Greenbrier) to make sure the able bodied are the only ones to apply for the work requirements. The amendment to the amendment was rejected. The amendment was adopted.

Delegate Pushkin moved to amend the bill. His amendment was rejected.

Delegate Longstreth (D-Marion) moved to amend the bill as well. Her amendments were also rejected besides one to make it so people didn’t have to reply to a notice in writing.

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

House Judiciary Sends Two Bills to Floor

House Committee

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March 30, 2017

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The Judiciary Committee met and discussed the following bills:

SB 602 would create a uniform system of recording and indexing of fictitious names used by sole proprietors in the state. The bill will be reported to the floor with the recommendation that it do pass.

SB 454 would eliminate certain fees generated by suggested executions and to further streamline the collection of state moneys received as a result of certain court transactions or court services through more efficient technology. The bill will be reported to the floor with recommendation that it do pass.

Five Senate Bills Move from Committee to House Floor from House Judiciary

House Committee

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March 30, 2017

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The House Finance committee met today and discussed five bills.

SB 321 would provide minimum reporting requirements for employee information to the Consolidated Public Retirement Board. The bill passed and will be reported to the floor.

SB 364 would update the WV code to the Streamlined Sales and Use Tax, which is done about every couple to few years. The bill will be reported to the floor with recommendation that it do pass.

SB 365 would maintain the solvency of the Unemployment Compensation Fund; and extending the time period for borrowing funds from the Revenue Shortfall Reserve Fund for the Unemployment Compensation Fund to September 1, 2018. The extension is wanted for later use, not current use. The bill will be reported to the floor with recommendation that it do pass.

SB 392 would a definition for “vested” to Municipal Police and Fire Retirement System; and clarify duty/nonduty disability. The bill will be reported to the floor with the recommendation that it do pass.

SB 566 would provide payment to certain claimants who provided commodities and/or services to the state, but who were not paid because the agency reached its budget limit. The bill will be reported to the floor with the recommendation that it do pass.

Return-to-Learn Resolution Approved in Senate Education

Senate Committee

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March 30, 2017

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The Senate Education Committee has approved a bill and a resolution to be reported to the full Senate with the recommendation that they pass.

HB 2706 would authorize legislative rules related to higher education.

These rules would involve the West Virginia Higher Education Grant Program, the PROMISE scholarship, the Research Trust Fund Program and the Annual Reauthorization of Degree-Granting Institutions, among other rules.

Originating Resolution 1 would request a study on Return-to-Learn protocols for elementary, secondary and higher education students who have suffered a concussion.

Senator Kenny Mann, R-Monroe, Chair, took Originating Resolution 2 off the agenda to be considered in a future meeting.