Blog – Page 190

Senate Committee on Government Organization Reports Bills to Update State Websites

Senate Committee

admin

-

March 30, 2017

The Senate Committee on Government Organization met today to report House bills to the Senate floor.

House Bill 2767 would authorize the Secretary of State to transmit electronic versions of undeliverable mail to the circuit clerks. There was an amendment explained by council that was adopted. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2427 would require agencies listed in the online state phone directory to update certain employee information by July 1st, 2017. They would be required to update it in 30 days after there are any changes made. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2446 relates to the requirement that all executive branch agencies maintain a website that contains specific information beginning December 31st, 2017.

Justin McAllister, CFO for the office of technology, said the bill would not require his staff.

Senator Miller (D-Greenbrier) moved to amend the bill to only include fax machine numbers if the office uses them. The amendment was adopted.

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

House Bill 2676 would transfer the Security office under the Division of Culture and History to the Division of Protective Services. Security for all Capitol Complex properties would be under the Division of Protective Services. The director of the Division of Culture said the bill would be fine, so long as his employees wouldn’t lose their jobs, and there would be better security. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2939 relates to the sale of items in the State Police Academy post exchange to the public. There would not be any official State Police attire being sold in the post exchange, mostly just T shirts and hats. There would be no badges or blue lights. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2949 would exempt specified Division of Natural Resources’ contracts for some replacement, repair or design for repairs to facilities from review and approval requirements. Senators Gaunch and Sypolt expressed their concern about the division of purchasing and that it may be worth studying. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2948 would establish timelines for taking final action on certain permits. Currently the permit applications don’t have time requirements. The bill would make it so that the permits that don’t have issues need to be finished in 30 days and those that do have issues in 90 days. The bill was reported to the Senate floor with the recommendation that it pass.

Senate Health Committee Reports Eight Bills to the Floor

Senate Committee

admin

-

March 30, 2017

0

The Senate Committee on Health and Human Resources met to report eight bills out of the committee.

House Bill 2522 relates to a nurse licensure compact.

Sue Paynter, director of the IN board, said the bill is important so nurses could get a multi-state license. This would make it so nurses who work in Kentucky and live in West Virginia wouldn’t have to get two separate licenses.

Someone speaking against the bill said the bill would make background checks and proper punishment for malpractice more difficult to administer. If they have a multi-license, then nurses don’t have to report where they are working to the compact.

Senator Maroney (R-Marshall) said, “I think that each individual employer will check their employees background. I support the bill.”

The bill was reported to the Senate floor with the recommendation that it pass but it was first referred to the Committee on Judiciary.

House Bill 2724 relates to creating a pilot program under the Herbert Henderson Office of Minority Affairs. This pilot program would address poverty, drug abuse and other problems. The bill was reported to the Senate floor with the recommendation that it pass but first be reported to the Committee on Government Organization.

House Bill 2518 creates a legislative rule to permit a pharmacist or pharmacy intern to administer certain immunizations. The vaccines included are HPV and Influenza.

Senator Rucker (R-Jefferson) asked if there were provisions for informed consent and there are.

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

House Bill 2653 would extend the date of use of the Multi State Real-Time Tracking System. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2739 relates to supplemental Medicaid provider reimbursement. An amendment offered by council was adopted. Senator Trump (R-Morgan) moved to amend the amendment and it too was adopted. The bill was then reported to the Senate floor with the recommendation that it pass.

House Bill 2519 relates to a Medicaid program compact. This bill would make an inquiry to surrounding states about creating a Medicaid compact with them. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2119 would repeal West Virginia Health Benefit Exchange Act. The West Virginia Health Benefit Exchange has never been operational as its duties were carried out by the federal government. The bill was reported to the floor with the recommendation that it pass.

House Bill 2188 would extend the length of time for the special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth. The bill would change the duration of the project from four to seven years. Federal funding is available to the project and no state money goes to it. The bill was reported to the floor with the recommendation that it pass.

Senate Overrides Veto on Bill Related to WV Workplace Freedom Act

Senate Floor Session

admin

-

March 30, 2017

0

The Senate has overridden a veto by Governor Jim Justice on a bill that would provide technical corrections to the definitions of the West Virginia Workplace Freedom Act and repeal provisions relating to the statutory construction of the act.

The veto for the bill, SB 330, was overridden with a 21-12 vote.

The Senate also passed a bill that would clarify certain requirements of the certificate of need process.

The bill, HB 2459, will now be sent back to the House for approval of amendments made by Senate Health and Human Resources and Senator Tom Takubo, R-Kanawha.

Members of the Senate adopted three Senate resolutions and two House concurrent resolutions.

SR 62 designates today as Marshall University Day at the Capitol.

SR 63 congratulates the Wyoming East High School golf team for winning the 2016 Class AA State Championship.

SR 64 congratulates the Herbert Hoover High School boys’ basketball team and cheerleading team for outstanding athletic achievement.

HCR 109 extends the Committee of Conference relating to consideration of the committee substitute for HB 2099.

HCR 110 extends the Committee of Conference relating to consideration of the committee substitute for HB 2028.

Senator Greg Boso, R-Nicholas, requested that SCR 46 be referred to the Senate Rules Committee. The Senate concurrent resolution would request a study on consumer complaints regarding safety of aftermarket crash parts.

House Bills 2679, 2721, 2722 and 3106 were advanced from second reading. Of those bills, three were amended.

Senator Charles Trump, R-Morgan, amended HB 2679 on behalf of the decisions of the Senate Judiciary Committee.

Senator Mike Hall, R-Putnam, amended HB 2721 to clarify language and remove certain limitations provided in the bill that could affect certain ongoing infrastructure projects in the state.

Senator Greg Boso, R-Nicholas, amended HB 2722 to apply certain provisions of similar bill SB 417 to the House bill, since the Senate bill did not pass the floor.

Committee Meetings Today

Health and Human Resources: 1 p.m. in 451M

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

Pensions: 8:30 a.m. in 451M

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

Finance: 9:30 a.m. in 451M

Confirmations: 1 p.m. in 208W

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

Greyhound Bill moves on to Third Reading

House Floor Session

admin

-

March 30, 2017

0

The House of Delegates convened today and passed three bills.

SB 113 would authorize the Department of Environmental Protection to issue a legislative rule relating to Awarding of Matching Grants for Local Litter Control Programs. The bill passed 98-0 and will now go to the Senate for more consideration.

SB 362 would permit the redirection of the deposit of revenues collected from certain surcharges and assessments on workers’ compensation insurance policies and derived from net terminal income funds by the Governor through executive order to the General Revenue Fund. The bill passed 72-27 and will now go to the Senate for more consideration.

SB 419 would authorize the creation of special revenue accounts in the State Treasury for the deposit of Division of Labor fees. The bill passed the House 94-5 and will now go to the Senate for more consideration.

HB 2933 was tabled.

There were 16 bills on second reading, of those:

SB 437 discontinue the West Virginia Racing Commission special account known as the West Virginia Greyhound Breeding Development Fund and to transfer all moneys in the West Virginia Greyhound Breeding Development Fund to the State Excess Lottery Revenue Fund for appropriation by the Legislature.

Committee Meetings Today

Health and Human Resources: 2:30 p.m. in 215E

Finance: 3 p.m. in 460M

Judiciary: 4:30 p.m. in 410M

Committee Meetings Tomorrow

Gov. Org.: 9 a.m. in 215E

Finance: 9 p.m. in 460M

Judiciary: 9:30 a.m. in 410M

Education: 9:30 a.m. in 434M

Veterans Affairs: immediately after floor session in 215E

There will be a Public Hearing on SB 212 in the House Chamber tomorrow at 8:30 a.m.

The House is recessed until 5 p.m.

Update:

The House received the messages and committee report. The message from the Senate about their passage of SB 386, the authorization of medical marijuana in West Virginia, was received.

Delegate Mike Folk (R-Berkeley) motioned that the committee references be dispensed with and the bill be taken up for first reading. There was lengthy discussion on the motion.

Delegate Charlotte Lane (R-Kanawha) stood in support of this motion. She said, “This is our only chance” to see medical marijuana to be legalized for those who are suffering.

Delegate Mike Caputo (D-Marion) said, “We’ve been running away from this issue for way too long.” He said it’s time to show the people of West Virginia they are cared about.

Delegate Isaac Sponaugle (D-Pendleton) said, “It’s been vetted in Senate Judiciary and Health.” He reminded the body if they voted no, this would be the second time it would be on record for their constituents to see.

Delegate Cindy Frich (R-Monongalia) stood in opposition of the motion, insisting that it go through the committee process. She said, at this point we should be focused on the budget, not medical marijuana.

Delegate Jordan Hill (R-Nicholas) supported the bill, saying “I’m voting for this motion for the seniors suffering, the children in the hospital, and the vets who need it.” He said, this bill “gives us the chance to represent our constituents.”

Delegate Joe Ellington (R-Mercer) said he didn’t support the motion because it should go through the committee process and that he would run it in committee.

Delegate Tom Fast (R-Fayette) said people need to realized it does more than just legalize medical marijuana. It sets up commissions, rule making, dispensaries, and criminal penalties.

Delegate Larry Rowe (D-Kanawha) stood and reminded people this isn’t just a procedural issue, as he recited House rules 73 and 74. He said, “The rules of the House are not as limited as they seem.”

Judiciary Chair John Shott (R-Mercer) stood against the motion. He recalled how California’s medical use evolved into total legalization. He compared growers in this bill with pill mills. He also said the bill could be in conflict with federal law.

Majority Leader Daryl Cowles (R-Morgan) listed the reasons why we should go through the committee process. They included, talking to experts in the field, such as law enforcement and doctors. He said, this bill needed to be properly vetted through the committee process.

Delegate Pat McGeehan (R-Hancock) said “we know it was double referenced to kill the bill.” He said he wished people would be more honest about procedures and realize that this is an important issue in the state.

Minority Leader Tim Miley (D-Harrison) said, “This issue hasn’t been prioritized.” The Senate prioritized it, the constituents think it’s a priority, and that it’s time for the House to make it a priority.

Folk closed debate saying that a person should have a certification for medical use. He pointed out how this could help our veterans. He said, “This is a good bill; it’s been vetted in the Senate.” The bill wouldn’t be made effective until July 2018.

The motion was adopted 54-40 and the bill was read for a first time.

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

Banking and Insurance Discuss SB 522

House Committee

admin

-

March 30, 2017

0

The House Banking and Insurance Committee met today to discuss SB 522.

SB 522 would define audit procedures between pharmacy benefits managers and pharmacies. The bill would require pharmacy benefits managers to register with the Insurance Commissioner and pay a registration fee. The Insurance Commissioner would be authorized to propose legislative rules relating to pharmacy benefits managers.

Bill to Increase Penalties for Littering Approved in Senate Judiciary

Senate Committee

admin

-

March 30, 2017

0

The Senate Judiciary Committee has approved HB 2509, which would permit a physician to prescribe certain controlled substances when using telemedicine technologies.

Mark Spangler, executive director of the Board of Medicine, was available to answer questions from committee members about how the bill would apply to telemedicine across state lines.

Mark Drennan, executive director of the WV Behavioral Heathcare Providers Association, said the bill would allow psychiatrists and physicians to more efficiently treat children without having to drive miles to physically prescribe medication for those children.

Drennan also clarified other specific provisions of the bill for members and discussed its cost-effectiveness and accessibility in the state.

Senator Patricia Rucker, R-Jefferson, amended the bill to include provisions to prevent the telehealth prescription of abortion-causing medications.

The bill was previously reported out of Senate Health and Human Resources with the recommendation that it do pass.

The committee also laid over a bill that would authorize the Commissioner of Agriculture to promulgate a legislative rule relating to Livestock Care Standards.

The bill, HB 2219, contains a bundle of 49 rules related to Livestock Care Standards.

DNR Dir. Stephen McDaniel and Asst. Chief Game Manager Gary Foster were available to answer questions about certain rules within the bill related to disease outbreaks with wildlife and tagging systems.

Col. Jerry Jenkins of the DNR addressed questions from the committee regarding the violation of tagging rules.

Crescent Gallagher, legislative liaison for the Dept. of Agriculture, was available to field additional questions from the committee regarding disease testing and tagging.

Senator Ronald Miller, D-Greenbrier, made an amendment to restore stricken language regarding a registration book for hunters who kill tagged deer.

The committee is expected to meet 3 p.m. this afternoon.

The Senate Finance Committee Reports Four Bills

Senate Committee

admin

-

March 30, 2017

0

The Senate Finance Committee met this morning to discuss four bills.

House Bill 2475 would authorize the Tax Commissioner to collect tax, interest and penalties due and owing from payments to vendors and contractors from the Auditor and other state, county, district or municipal officers and agents. The bill was reported to the floor with the recommendation that it pass.

House Bill 2856 would declare public policy and legislative intent for improving the marketing, quality and frequency of passenger rail service of the Cardinal Passenger Train. The bill directs the director of tourism to work with the rail service. The bill was reported to the floor with the recommendation that it pass.

House Bill 2586 relates to required minimum distribution of retirement benefits of plans administered by the Consolidated Public Retirement Board. The bill was reported to the floor with the recommendation that it pass.

House Bill 2555 relates to tax credits for apprenticeship training in construction trades. This would eliminate the requirement that the credit be only taken by union employees.

Senator Prezioso (D-Marion) wanted to make sure that the apprentices would be paid at least minimum wage. He was assured they were and were often paid more than that. He then moved to amend the bill to pay the apprentices two dollars above minimum wage as that is what the tax credit is worth for the companies. The amendment was rejected. He then moved to amend the bill again to place in safeguards to make sure the system wouldn’t be abused. The amendment was adopted.

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

House Gov. Org. Approves Bill to Eliminate Salary for Water Development Board

House Committee

admin

-

March 30, 2017

0

The House Government Organization Committee met this morning and discussed four bills.

SB 349 would repeal outdated code related to the Department of Corrections. The bill was approved by the committee and will be reported to the floor.

SB 400 would eliminate an unnecessary and contradictory provision concerning appointments to the West Virginia Infrastructure and Jobs Development Council. The bill was approved by the committee and will be reported to the floor.

SB 412 would provide that reporting certified payroll information for persons employed under the West Virginia Jobs Act is not required, but that other information as to persons employed may be submitted. The bill was laid over to the next meeting.

SB 172 would eliminate the salary for members of the West Virginia Water Development Board. Delegate Caputo moved to amended the bill. He said that if people don’t show up to work, then they shouldn’t get paid. The amendment would bring the board in line with every other board. Amendment was adopted. The bill passed the committee and will be sent to the full House.

Senate Passes WV Medical Cannabis Act with 28-6 Vote

Senate Floor Session

admin

-

March 29, 2017

0

The Senate has passed 11 bills and two resolutions after reconvening at 6 p.m. this evening.

SB 286 would address factors to be considered in making a determination as to a grant of visitation to a grandparent.

SB 386 would authorize medical cannabis in West Virginia.

Senator Charles Trump, R-Morgan, made a strike-and-insert amendment to the bill on behalf of the Senate Judiciary Committee that would create a new article of the Code to make provisions for allowing marijuana to be prescribed for medicinal purposes.

Senator Ron Stollings, D-Boone, proposed an amendment the Judiciary’s amendment to add a section that would prohibit certain drug screening tests from including a report on the level of tetrahydrocannabinol in an individual’s system. The amendment was rejected.

Those in opposition said the drug testing measures would be investigated by the Senate Rules Committee next session, and the addition of the amendment could make it more difficult for the bill to pass through the House and be approved by the governor.

Senator Trump, R-Morgan, further amended the Judiciary amendment to make technical corrections.

The bill passed with a vote 28-6.

SB 656 would create the Student Data Accessibility, Transparency and Accountability Act to allow ACT or the College Board to only receive payment or other consideration for certain information if they secure the affirmative written consent of the parent or student, given in response to clear and conspicuous notice, solely for providing the student access to employment, educational scholarships or financial aid and post-secondary educational opportunities.

SB 664 would remove the current $200,000 limitation on the amount collected by the county via the hotel occupancy tax that may be used for medical care and emergency services.

SB 667 would limit the authority of the Attorney General to disclose certain information provided by the Tax Commissioner unless it is subject to a protective order or agreement restricting the use of the disclosed information to the proceeding, arbitration or litigation.

SB 687 would make several modifications to law generally relating to coal mining, coal mine safety and environmental protection.

SB 688 would correct technical errors in current law related to solid waste management.

SB 689 would create a small claim payment system within the Division of Highways to investigate and pay limited types of claims for damage to vehicles caused by road conditions.

SB 690 would authorize the Superintendent of the West Virginia State Police to charge fees for certain use of the facilities under his or her direction.

SB 691 would define “off-highway vehicle” and “off-road vehicle,” as well as create a digital road map that may be searched by road and vehicle type.

SB 693 would create the West Virginia Uniform Fiduciary Access to Digital Assets Act to setting forth a procedure for disclosing digital assets and electronic communications after an individual has deceased.

SJR 4 would create the County Economic Development Amendment of 2017 to fund infrastructure capital improvements using property taxes.

Senator Charles Clements, R-Wetzel, said the amendment would “determine the future of northern and north-central West Virginia,” by supporting infrastructure projects in those areas to bring economic development and industries into the state that would otherwise opt for surrounding states.

SJR 6 would create the Roads to Prosperity Amendment of 2017 to provide for the improvement and construction of safe roads in the state.

“We’re going to build a lot of roads in West Virginia,” said Senator Mike Hall, R-Putnam.

Of those bills on third reading, SB 375 was not passed and was referred to the Senate Rules Committee. The bill would have changed the severance tax on limestone, sandstone and other mined stone products from a percentage of the sales price to a flat rate.

Senator Ronald Miller, D-Greenbrier, said the fixed rate of the bill could put small quarries in his district at a fiscal disadvantage in comparison to larger quarries.

The Senate advanced HB 2459 from second reading with amendments made by Senator Tom Takubo, R-Kanawha, on behalf of the Senate Health and Human Resources Committee relating to corrections made and provisions added to the bill.

House Bills 2679, 2721, 2722 and 3106 were requested to lie over one day in second reading.

Committee Meetings Tomorrow

Banking and Insurance: 8:30 a.m. in 451M

Judiciary: 9 a.m. in 208W

Finance: 9:30 a.m. in 451M

Energy, Industry and Mining: 1 p.m. in 208W

Health and Human Resources: 1 p.m. in 451M

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

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

Senate Passes SB 609 Creating Flexibility for Use of School Aid Funds

Senate Floor Session

admin

-

March 29, 2017

0

The Senate met this afternoon to pass more bills on third reading.

Senate Bill 446 would authorize the Governor to issue executive orders to furlough state employees. It would give the Governor the authority to declare a fiscal emergency. The bill was passed and sent to the House.

Senate Bill 465 relates to medical professional liability. If someone would file a medical malpractice claim against a doctor, it must be signed by a doctor with the same field of study. The bill was passed and sent to the House.

Senate Bill 469 would prohibit waste of game animals, birds or fish. There would be a fine of no more than $1000 or incarceration of up to 100 days. They would also lose their license to hunt for five years. The bill was passed and sent to the House.

Senate Bill 482 relates generally to the WV Parkways Authority. The bill is one of the Governor’s proposed bills. They would now be allowed to issue bonds to pay for projects financed from tolls. The bill was passed and sent to the House.

Senate Bill 484 relates generally to taxation. The bill was passed and sent to the House.

Senate Bill 501 relates to the WV Economic Development Authority. The bill would create a minority economic advisement council to help address economic problems of minority populated areas. The bill was passed and sent to the House.

Senate Bill 507 would allow pharmacists to inform customers about lower cost alternatives to prescribed drugs. It would make it so the policy of prescribers to inform their customers of all the options financially. The bill was passed and sent to the House.

Senate Bill 515 relates to parole requirements of hearings and releases. The bill was passed and sent to the House.

Senate Bill 521 relates generally to Public Defender Services. It would allow them to seek legal counsel in the case of voucher disputes. The bill would no longer borrow from the Rainy Day Fund and instead fund it through the General Revenue. Senator Hall (R-Putnam) explained this was so the funding for the program would not dry up. The bill was passed and sent to the House.

Senate Bill 526 would require mandatory insurance coverage for inherited enzymatic disorders. The bill was passed and sent to the House.

Senate Bill 534 relates to incentives for consolidating local governments. The bill was passed and sent to the House.

Senate Bill 549 would allow individuals at least 21 years or older to operate or ride motorcycles without a helmet if the individual has had a motorcycles license for five years, has health insurance, and has paid his health bills. If someone violates this law, there would be a fine of no less than $100-$500. Upon second offense, there may be incarceration.

“This bill is the organ donor act of 2017. I oppose this bill,” said Senator Woelfel (D-Cabell).

“We talk about rights, and it is fun to roll down the highway with the wind in your hair, but this is the right to die. I hope we defeat this bill,” said Senator Stollings (D-Boone).

“We can’t prevent people from making dumb decisions. This bill is about adults who can make their own decisions. This is also a pro-tourism bill and for those reasons I support the bill,” said Senator Rucker (R-Jefferson).

Senator Blair (R-Berkeley) said, “I ride. I know the risk of what could happen every time I get on the bike. This bill doesn’t require you not to wear a helmet. It is the choice of the rider. If someone hits you, it’s not their fault you didn’t wear a helmet.”

The bill was rejected.

Senate Bill 562 relates to civil actions for damages brought against county commissions and municipalities. It was amended on third reading by the Judiciary Committee. Liability for injuries on municipal property are subject to limitations including if the injury happens in the presence of employees or if there is gross negligence. The bill was passed and sent to the House.

Senate Bill 563 relates to Consumer Credit and Protection Act. The bill was passed and sent to the House.

Senate Bill 576 would provide exception to waste for certain oil and gas development. Senator Ferns moved to amend the bill twice for a technical cleanup. The amendment was adopted. Senator Romano moved to amend the bill many times but only one of them were adopted. Senator Clements moved to amend the bill but his amendment was also rejected. The bill was passed and sent to the House.

Senate Bill 588 relates to distribution, reproduction and sale of tax maps. This would create a revenue source for the assessors and give people information. The bill was passed and sent to the House.

Senate Bill 606 relates to minimum wage and maximum hours for employees. It would exempt those working at amusement rides and minor league baseball from the laws current requirements. The bill was passed and sent to the House.

Senate Bill 609 would create additional flexibility for school systems in use of school aid funds.

Senator Plymale (D-Wayne) said, “Our counties are in a deficit and this bill will call for a tax increase that they can’t afford to do.”

Senator Unger (D-Berkeley) said, “Now that we are empowering the boards of education, people can run for the board of education under the platform that they will decrease taxes.”

Senator Mann (R-Monroe) said, “We can’t keep spending money like its running down the Kanawha river. Expenses cannot exceed revenue and this is a tough decision for me. It is better to put some flexibility in their while we are trying to build industry. This bill is trying to keep the boat afloat.”

Senator Trump (R-Morgan) said, “This bill is a good plan and it holds every Board of Education harmless that gives back to them authority that they’ve had in the past.”

Senator Gaunch (R-Kanawha) said, “This bill has a tremendous amount of flexibilities in it, I think the counties will love it and that it will help them save money.”

The bill was passed and sent to the House with a vote of 17 yeas to 16 nays.

Senate Bill 636 would authorize the State Fire Commission to establish a program to address problems facing Volunteer Fire Departments. The bill was passed and sent to the House.

Senate Bill 637 relates to private club operations requirements. The fees for these private clubs allows for additional licenses to be issued as one license. The bill was passed and sent to the House.

The Senate is now in recess until 6 p.m.