Blog – Page 193

House Judiciary to Reconsider House Joint Resolution 24

House Committee

admin

-

March 27, 2017

The House Judiciary Committee met in the afternoon briefly today to discuss HJR24 and SB 239.

HJR 24 would propose an amendment to the Constitution of the State of West Virginia relating to education, and providing for the election of members of the State Board of Education. The bill was moved to be reconsidered by the committee and the movement was adopted.

Senate Bill 239 would limit the use of wages by employers and labor organizations for political activities. The burden of responsibility would be on the employers to be sure the law is carried out. Many already do this through the use of a form, signed by both the employer and the employee. There would have to be an annual renewal of the contract as well. The bill was laid over until the next meeting.

The committee is in recess until 5 minutes after the House floor session at 4 p.m.

Product Liability Bill Passes in House

House Floor Session

admin

-

March 27, 2017

0

Today, the House of Delegates convened and passed 12 bills, of those:

HB 2799 would remove the fourth requirement minors must fulfill to receive a work permit. The requirement is that the minor appear before the superintendent of school, which removes them from school for it takes to appear.

Delegate Richard Iaquinta II (D-Harrison) opposed the bill because students could get work permits easier. He said work is the number one reason students in West Virginia drop out of school. Fifty-five percent of them drop out because of family financial issues.

Delegate Geoff Foster (R-Putnam) said that it’s a simple bill that removes one requirement from the work permit process and that it would help students.

The bill passed 87-12 and will now be sent to the Senate for more consideration.

HB 2850 would limit product liability to the manufacture. This would keep business from being held responsible in product malfunction, as long as the seller didn’t do anything to alter the state of the product. The bill does set guidelines and exemptions. The bill passed 65-34 and will now be sent to the Senate for further consideration.

HB 2966 would create the West Virginia Sentencing Commission, which reduce disparity between sentence and crime. It would also do a study of national and local programs for drug rehabilitation. It would act as a standing Sub-Committee and make recommendations to the Legislature.

The bill passed the House 97-2 and will now be sent to the Senate.

Action on HB 3108 was delayed one day.

Five bills were moved to the foot of 2^nd reading and they include HB 2561, HB 2711, HB 2816, HB 2817, and HB 2933. SB 419 was moved from the Special Calendar to House Calendar.

Committee Meetings Today

Judiciary: 5 min. after session

Roads and Transportation: 5 min. after session

Rules: 3:45 p.m. behind House Chamber

Agriculture and Natural Resources: 8:30 a.m. tomorrow

The House is recessed until 4 p.m. today.

Update:

The House revconvened at 6:45 p.m.

HB 3107 was advance to third with amendments pending. If a delegate has an amendment for the bill, they will re-work the amend for SB 437, which was advanced and read for the first time tonight. The bills are similar and relate to horse and dog racing lottery.

HB 3109 was advance to third with amendments pending. This bill would transfer the regulatory authority of the Board of Registered Professional Nurses, the Board of Licensed Practical Nurses, the Medical Imaging and Radiation Therapy Technology Board of Examiners, and the Nursing Home Administrators Licensing Board, to the Board of Nursing and Health Services.

HB 2561 would provide flexibility for school systems in the use of school aid funds. The would authorize counties to use up to $200,000 of the funds restricted for bus purchasing.

Delegate Rick Moye (D-Raleigh) move to amend the bill to diverted$200,000 from purchasing of school buses to be used as needed, as long as buses passed inspection. Diversion could only be used one every three years.

Delegate Paul Espinosa (R-Jefferson) opposed the amendment because the bill is to allow for more flexibility in the school boards. He said, “emergencies do not happen on a planned schedule.”

“If anyone wants to say we underfund our counties, especially our low density counties, I would agree with you. This amendment gives the school boards a little extra. Each and every year our buses are evolving, just like a car. I don’t think it’ll be long before there will be sensors that will alert the bus driver that a student is in a danger zone.

This gives them flexibility, just not unlimited flexibility. I spoke with two superintendents, and one said ‘Rick, you’re right. It doesn’t need to be unlimited flexibility.’” The amendment was rejected 34-60.

HB 2711 would abolish Regional Education Service Agencies (RESA) and funding by July 1, 2017. The bill would also eliminate the office of Education Performance Audits and establish the County Superintendents’ Advisory Council. The bill would also provide authority for county school systems to share services. The bill would require flexibility to meet the one hundred eighty instructional days in the school calendar. It would provide teachers with uninterrupted time for planning periods each week.

Delegates Isaac Sponaugle (D-Pendleton) and Larry Rowe (D-Kanawha) moved to amend the bill by placing in it the Governor’s pay raise for teachers.

Delegate Eric Nelson (R-Kanawha) stood against it, saying there is no funding source for the pay raise, which it why finance rejected it.

Sponaugle said there will 3.5 million from RESAs being cut. He said, “many of us on this side want to support our educators” The amendment was rejected

Espinosa amended the bill so that schools can use alternative methods of instruction for up to five days when schools are closed due to weather or other unforeseen circumstances. The amendment was adopted.

HB 2816 would eliminate the new film tax credits but preserving credit for taxpayers authorized to claim credit and eliminate exemption from consumer’s sales and service tac for certain purchases of material acquired for use in state highway projects and increase the rate of barrel tax on beer.

Butler moved to amend the bill by increasing the tax from 6 to 6.5.

Nelson opposed to this amend, because this would be the highest sales tax surrounding our state.

Butler said there are very few offers for cuts, and we’ve got to do something. I think this is showing some respect for the governor’s work put into the budget.

The amendment was rejected 0-97.

Delegate Jim Butler (R-Mason) also moved to amend the bill by applying the Governor’s B&O tax.

Nelson said, “I guess a yes vote would solve our budget problem. But I urge rejection of the amendment because it would hurt the business owners in the state.”

Dlegate Mike Folk (R-Berkeley) said he rejects the amendment for another reason. There is another budget that is set for 85 million less than last year’s. There are other ways to solve budget problems other than taxes.

Butler said, we should consideration for governor’s proposal or suggest ways for state to live within means.

The amendment was rejected 0-97.

HB 2933 was advanced to 3^rd with amendments pending. Delegates Nelson and Brent Boggs (D-Braxton) have the right jointly amend the bill.

Committee Meetings Tonight

Judiciary: resume at 7:55 p.m. and again 12:01 a.m., if agenda isn’t completed and 8:45 a.m. in 410M

Gov. Org.: reconvene after floor session in 215E

Committee Meetings Tomorrow

Ag. and Nat. Resources: 8:30 a.m. in 215E

Rules: 8:45 a.m. tomorrow behind the House Chamber

Delegate Geoff Foster (R-Putnam) wanted to speak to the House. He said, “We hosted the VP this weekend. He came to address the small businesses in the state. It was an honor for us and many of your constituents.”

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

In the House

admin

-

March 27, 2017

0

As of 4 p.m., Friday, March 24, 2017, the 48th day of the regular session of the 83rd Legislature, 1106 bills have been introduced in the West Virginia House of Delegates. Of those, bills 22 have passed this week and have been sent to the Senate for consideration. Among those: Completed

Senate Bill 127 would authorize the Insurance Commissioner to issue a legislative rule relating to Adoption of a Valuation Manual. This bill was passed by the House and the Senate.

Senate Bill 302 is a supplemental appropriation and it would supplement, amend, and increase appropriation for the Division of Human Service in the Department of Health and Human Resources for the designated spending unit for expenditure during the fiscal year 2017. The bill has been approved by the House and the Senate. It is currently awaiting the Governor’s signature.

Senate Bill 306 would supplement, amend, and increase an item of appropriation in the aforesaid account for the designated spending unit for expenditure during the fiscal year 2017. The bill has passed the House and the Senate.

Bills Passed from the House

House Bill 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. This bill was passed in the House and sent to the Senate for more consideration.

House Bill 2808 would provide assisted outpatient treatment to individuals suffering from mental illness to prevent them from harming themselves or others, as well as to prevent the costs of inpatient involuntary hospitalization and costs of incarceration due to untreated mental illness. This bill was passed in the House and sent to the Senate for further consideration.

House Bill 2857 would create the West Virginia Safer Workplaces Act. It allows employers to test employees and prospective employees for drugs and alcohol. The drug testing must be done during work time and the employer must pay for the testing. If a test is failed, a second test shall be administered. If both come back with positive results, then discipline actions may be taken. The goal of this legislation is to make the workplace safe for all employees. This bill was passed in the House and sent to the Senate for further consideration.

House Bill 3009 would grant the Office of Health Facility Licensure and Certification access to the Controlled Substances Monitoring Program database for regulatory purposes. The bill was passed in the House and sent to the Senate for more consideration.

House Bill 3061 would encourage a limited cohort of schools to implement mastery-based education through the Innovation In Education program. The Department of Education is given a range of duties from the identification of barriers and potential solutions to developing an incubator process to support schools awarded an Innovation In Schools/Mastery-Based grant. The schools must meet the same requirements and accountability as other Innovation In Education schools. This bill was passed in the House and sent to the Senate for more consideration.

House Bill 3089 would provide a transition to the county board of education level of the process for review and adoption of instructional resources required to be used in the schools under the jurisdiction of the county board. This bill was passed in the House and sent to the Senate for more consideration.

House Bill 2827 would update the all payor claims database. This bill was passed in the House and sent to the Senate. It is now in Senate Health and Human Resources.

House Bill 2840 would reorganize the departments, agencies and commissions within the executive branch of state government. This bill was passed in the House and is currently in Senate Government Organization.

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. This bill was passed in the House and is now in Senate Finance.

House Bill 2402 would create a special procedure for a person in possession of an abandoned antique vehicle to apply for and receive title to the vehicle and to create a procedure for the DMV to search for the owner of the vehicle to provide notice of an application for the title to the vehicle. The bill was passed in the House and is now being reviewed in Senate Government Organization.

House Bill 2471 would require that on and after January 1, 2018, insurance coverage for breast cancer screening be provided by the Public Employees Insurance Agency, accident and sickness insurance providers, group accident and sickness insurance providers, health care corporations, and health maintenance organizations. This bill was passed in the House and in some being reviewed in Senate Banking and Insurance.

House Bill 2637 would extend the time a retired teacher could work as a substitute teacher post-retirement limit in areas of critical need and shortage to June 30, 2020. The bill also adds speech pathologists and school nurses under these provisions. The bill was passed in the House and is now being considered in Senate Education.

House Bill 2738 would provide more flexibility in the employee transfer process. It would remove the April 1 deadline for notifying the employee that he or she is being considered for a transfer. It would require a statement of reason for the transfer. The bill was passed in the House and is now being considered in Senate Education.

House Bill 2767 would authorize the Secretary of State to transmit electronic versions of undeliverable mail to the circuit clerks of the state to minimize agency costs and streamline processes for the state. The bill was passed in the House and is now being reviewed in Senate Government Organization.

House Bill 2797 would clarify that there is statutory immunity for government agencies and officials from actions of third-parties using documents or records of governmental agencies for unlawful acts. The bill passed in the House and is being considered in Senate Judiciary.

House Bill 2798 would clarify provisions relating to candidates unaffiliated with a political party as it relates to certificates of announcement, preventing potential candidates registered as members of a political party from using the provisions of the section to seek candidacy for office. The bill passed in the House and is being considered in Senate Judiciary.

House Bill 3030 would clarify that appeals to the Supreme Court are a matter of right and that every party has an opportunity to be heard. The bill passed in the House and is being considered in Senate Judiciary.

House Bill 2833 would describe specific categories of information that must be included in the annual report of each professional licensing authority established in Chapter 30 of the West Virginia Code. This bill has passed in the House and is now pending in Senate Government Organization.

House Bill 2898 would authorize the Joint Committee on Government and Finance to request and obtain criminal background information about prospective employees of the Legislature. The bill passed in the House and is being considered in Senate Judiciary.

House Bill 2916 would authorize supervising entities to authorize reserve deputies, ambulance crew members, firefighters, rescue squad members and emergency service personnel to carry firearms. It specifies the training required for them to be eligible to carry a firearm and allows them to be reimbursed for the cost of the training. The bill passed in the House and is being considered in Senate Judiciary.

House Bill 2180 would authorize the issuing of special “In God We Trust” license plates for a $10 fee, as well as special “Friends of Coal” license plates. The bill passed the House and now will go to the Senate for more consideration.

House Bill 2208 would allow counties and municipalities to establish a joint airport hazard comprehensive plan for the purpose of satisfying requirements of federal aviation law, protecting the public safety or preventing hazardous conditions. This is to help with safety with takeoff and landing. The bill passed in the House and will now got the Senate for more consideration.

House Bill 2366 would require the selling of Jackie Withrow Hospital by the Secretary of the Department of Health and Human Resources. Currently, the state owns seven long-term care facilities. The Department of Corrections uses part of the building. Delegate Nelson said this bill allows the Secretary of DHHR to look into selling the facility and most importantly, where to relocate the residents. Delegate Bates stood to educate the House about Jackie Withrow. She was a member of the House of Delegates and the first woman to chair the Health and Human Resources Committee. If passed and the hospital is closed, there is a special revenue account to be known as the “Jackie Withrow Long Term Care Facility Development Fund.” The bill passed in the House and will now got the Senate for more consideration.

House Bill 2475 would require the Auditor and other state, county, district or municipal officers to certify to the Tax Commissioner the identity of payees prior to issuance of payments, and authorize the Tax Commissioner to identify those payees who are not in good standing with the Tax Department and to require the Auditor or issuing officer to forward to the Tax Commissioner the lesser of the amount of tax interest and penalty owed or the remaining amount of payment. The bill passed in the House and will now got the Senate for more consideration.

House Bill 2494 would provide that statewide school report cards are only to be made available to custodial parents and guardians of students upon request instead of automatically being sent to the parents and guardians. The bill passed in the House and will now got the Senate for more consideration.

House Bill 2524 would improve the focus on school-level continuous improvement processes led by the principal. The instruction must include the standards for high quality schools, the school accreditation process and strategic planning for continuous improvement. In the bill, school systems are given the flexibility to establish their own systems of support and supervision of beginning principals and the current state mandated programs and processes are eliminated. The bill passed in the House and will now got the Senate for more consideration.

House Bill 2679 would prohibit county park commissions from prohibiting firearms in their facilities and to clarify that a firearm may be carried by a person for self-defense in state parks, state forests and state recreational areas managed by the Department of Natural Resources. The bill passed in the House and will now got the Senate for more consideration.

House Bill 2702 would excuse students from school for a family member’s illness provided an in depth excuse is provided by a doctor with a reason of why the student needs to be home with the family member. The bill passed in the House and will now got the Senate for more consideration.

House Bill 2709 would authorize the City of South Charleston to levy a special district excise tax for the benefit of the South Charleston Park Place Economic Opportunity Development District. This would allow for a road expansion and development opportunities for an 80-acre pond and tech park. The bill passed in the House and will now got the Senate for more consideration.

House Bill 2734 would authorize a method for the collection and remittance of property taxes related to dealer’s heavy equipment inventory. The bill passed in the House and will now got the Senate for more consideration.

House Bill 2774 would allow aircraft and aircraft parts to be taxed at the same rate as aircraft property. The bill passed in the House and will now got the Senate for more consideration.

House Bill 2805 would declare certain claims against the state to be moral obligations of the state and to authorize payments therefor from the following funds: General Revenue Fund: $ 624,388.72, State Road Fund: $828,710.52, and Special Revenue Funds: $ 458,733.53 for a total of $1,911,832.77. The bill passed in the House and will now got the Senate for more consideration.

House Bill 3093 would establish Broadband Enhancement and Expansion Policies. The bill would authorize the establishment of cooperative associations for the purpose of obtaining internet services. The bill passed in the House and will now got the Senate for more consideration.

Rejected

House Bill 2828 would have decreased the number of strikes a defendant has in a criminal proceeding from six to four from a panel of potential jurors and increased the number of strikes the prosecution has from two to four. The bill was rejected in the House 40-56.

In the Senate

admin

-

March 27, 2017

0

As of 4 p.m., Friday, March 24, 2017, the 45th day of the regular session of the 83rd Legislature, 686 bills have been introduced in the West Virginia Senate. Of those bills, 40 have passed this week along with one bill from the House, all of which have been sent to the House for further consideration. The Senate has also completed legislation on two bills. Among those:

House Bill 2300 would regulate the use of step therapy protocols by providing a simple and expeditious process for exceptions to the protocols that the health care provider deems not in the best interests of the patient.

Bills Passed by the Senate

Senate Bill 16 would repeal a section of the code that provides a tax credit for wind power projects.

Senate Bill 27 would permit home-based, micro-processing foods to be sold at farmers markets.

Senate Bill 36 add sales of gasoline, diesel fuel and blended fuel to the list of products exempted from the Unfair Practices Act.

Senate Bill 216 would prohibit the exclusion, modification or limitation of any warranty or remedy in the sale of used motor vehicles, specifically pertaining to “as is” motor vehicle sales.

Senate Bill 219 would create a criminal offense to hold all participants involved in a conspiracy to violate the drug laws responsible.

Senate Bill 243 would repeal statutory language authorizing a minor over age of fourteen years to nominate a guardian in domestic relation matters.

Senate Bill 288 would double the penalties for child abuse offenses.

Senate Bill 290 would allow distillery or mini-distillery operators to offer liquor for purchase and consumption on the premises on Sundays beginning at 1 p.m.

Senate Bill 308 would define legislatively that the administrative and law enforcement activities of the natural resources police officers of the Division of Natural Resources are directly related to the conservation and management of the state’s fish and wildlife.

Senate Bill 339 would create a legislative coalition to study and report to the Legislature on chronic pain management in the state.

Senate Bill 341 would establish a West Virginia business growth in low-income communities tax credit.

Senate Bill 360 would create a legislative coalition to study and report to the Legislature on diabetes in the state.

Senate Bill 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.

Senate Bill 398 would create The Emergency Volunteer Health Practitioners Act to regulate the practice of volunteer health practitioners during an emergency and create a registration system that grants reciprocity to licenses issued to volunteer health practitioners in other states during an emergency.

Senate Bill 414 would create the Division of Multimodal Transportation under the Secretary of Transportation and to combine the employees, equipment, assets, liabilities and duties previously executed by the Public Port Authority, the state Aeronautics Commission and the West Virginia State Rail Authority.

Senate Bill 461 would exempt the West Virginia State Police from state purchasing requirements.

Senate Bill 467 would increase the maximum bet permitted for limited video lottery terminals, remove restrictions on bill denominations accepted by limited video lottery terminals and fix the state share of gross profits from limited video lottery revenues at 50% beginning July 1, 2017.

Senate Bill 468 would remove restrictions on where KENO theme lottery games may be played, specifically, games that utilize an electronic computer and video screen to operate a lottery game and communicate the results thereof, such as the game “Travel,” and do not utilize an interactive electronic terminal device allowing input by an individual player.

Senate Bill 472 would permit bear hunting with guides.

Senate Bill 479 would allow sales of liquor by retail licensees after one o’clock p.m. on Sundays and transfer the authority to set the maximum wholesale markup percentage of all liquor, other than wine, from the commissioner to the Legislature.

Senate Bill 480 would authorize local units of government to adopt local energy efficiency partnership programs and to create districts to promote the use of energy efficiency improvements by owners of certain real property, and provide for the financing of such programs.

Senate Bill 499 would create the Debt Resolution Services Division within the Auditor’s office administered by the existing employees of the Auditor’s office.

Senate Bill 500 would add language to the West Virginia Code providing clarity in the representation of cases relating to Medicaid fraud and abuse, as well as continue the fraud control unit in the Medicaid Fraud Control Unit of the Attorney General’s office after July 1, 2017.

Senate Bill 523 would make statutory changes related to converting to a biweekly pay cycle from a monthly or semimonthly cycle for state employees.

Senate Bill 524 would prohibit implementation of Common Core academic standards and require adoption and implementation of certain other academic standards for a minimum of five school years after date of implementation.

Senate Bill 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 resale, if the final purchase of the wine or intoxicating liquor is subject to the excise tax.

Senate Bill 547 would generally modify fees to be paid to the Secretary of State.

Senate Bill 548 would provide for the specific escheat of United States savings bonds and all rights and legal title thereto and define terms.

Senate Bill 554 would create the crime of false swearing in a legislative proceeding and penalties for violators.

Senate Bill 559 would permit limited video lottery retailers with more than one location to sell one or more of their operations to another person.

Senate Bill 564 would modify the West Virginia Independent Living Act and provisions relating to the statewide Independent Living Council to conform to requirements of the federal Rehabilitation Act of 1973, as amended.

Senate Bill 572 would require that elections for county surveyors be conducted on a nonpartisan basis and provide for the appointment and election of a new county surveyor if the office is vacated.

Senate Bill 581 would make technical corrections to the Uniform Trust Code.

Senate Bill 585 would strike the code section regarding locomotive power units and helper units.

Senate Bill 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.

Senate Bill 608 would clarify that lawful businesses or business structures operating in this state are unaffected by enactment of prohibitory legislation absent express language in the enactment prohibiting the continued operation of the business or use of a business structure.

Senate Bill 620 would increase penalties for vehicles driving slow in the passing lane or for overtaking a vehicle or turning or making a lane change without giving a signal and clarify that signaling is required when changing lanes.

Senate Bill 684 would correct existing incorrect references in the two sections relating to the West Virginia State Police.

House Bill 2028 would allow a pro se plaintiff or petitioner to file a claim or petition against the state, a state officer or state agency in the circuit court of a county in which the plaintiff or petitioner resides or in which a claim arose, instead of only allowing such claims to be heard at the Kanawha County Circuit Court.

House Bill 2447 would rename the Court of Claims the state Claims Commission, among other modifications.

House Bill 2766 would establish a new special revenue fund to collect and remit moneys to the Adult Drug Court Participation Fee Fund in the state to maintain and administer the state’s adult drug court programs.

Senate Bill 18 would require a new comprehensive statewide student assessment.

Senate Bill 61 would Provide consumers sales and service tax and use tax exemption for certain services and tangible personal property sold for repair, remodeling and maintenance of aircraft.

Senate Bill 76 would create the West Virginia Second Chance for Employment Act.

Senate Bill 183 would transfer the Division of Forestry from the Department of Commerce to the Department of Agriculture.

Senate Bill 419 would create special revenue fund sources for the Division of Labor to meet statutory obligations.

Senate Bill 464 would eliminate taxation on annuity consideration received by life insurer.

Senate Bill 486 relates to health care provider taxes.

Senate Bill 535 would reorganize the Division of Tourism and rename it to the West Virginia Tourism Office. The bill also allows for increased flexibility to market the state with a more strategic and results driven approach.

Senate Bill 538 would create special conditions of parole.

To Vaccinate or to not Vaccinate?

Cheyenne DeBolt

-

March 27, 2017

0

GOP Senator Wants Religious Exemptions in WV

Immunizations have been a topic of debate this session, especially in the Senate. The House and the Senate both passed House Bill 2431, which would allow influenza immunizations to be offered to patients and residents of specified facilities on a voluntary basis based upon recommendations of the Center for Disease Control. The bill is now waiting for the Governor’s signature.

The House passed HB 2518 which would give the Board of Pharmacy rule-making authority to permit a pharmacist or pharmacy intern to administer certain immunizations. This bill is currently pending in the Senate Health and Human Resources Committee.

SB 537, HB 2945 and SB 359 would provide exemptions from mandatory immunizations. SB 537 was voted on in Senate Education this week; the committee approved the bill on a vote of 7-6. It will now be referred to the Senate Health and Human Resources.

Delegates and Senators have varying opinions about allowing non-medical exemptions. Delegate Joe Ellington (R-Mercer), the chair of the Health and Human Resources Committee said that they’ve been through this year after year. Ellington is a doctor and he said he agrees with vaccinations, but the individual should have the right to decline it.

“There are viable and reasonable exemptions from vaccinations,” he said. West Virginia requires vaccinations to enter Pre-Kindergarten, 7th and 12th grades. To receive a medical exemption in West Virginia, the child’s guardian must present a written request for an exemption from a physician, who has treated or examined the child, to the local health officer in the county where the child attends school. The request must include which vaccine and give reasoning for the exemption.

Senator Patricia Rucker (R-Jefferson) is the lead sponsor on SB 537.

“I’ve had many constituents, who are concerned about the ingredients in vaccines, come to me,” she said.

She stated that 47 of the 50 states have religious exemptions, which is what she hopes to accomplish with her bill.

“It is the medical establishments job to inform the public of the benefits of getting or not getting vaccinated. It’s the Legislature’s job to protect the freedoms of the individual.” According to the National Vaccine Information Center, West Virginia is one of three states that do not allow for religious or personal belief exemptions for immunizations. The only exemptions in West Virginia, California, and Mississippi are medical exemptions.

Senator Ron Stollings (D-Boone), who is a doctor too, believes the state should keep strong vaccination laws and to him that means medical exemption only. “Vaccinations are probably the most important public health tool in the history of mankind,” he said.

He stated that the benefits outweigh the risks. He said studies show that vaccinations do not cause autism; they protect highly contagious diseases. Research on vaccines are continuously being done.

“Other states are trying to look like West Virginia,” Stollings said, in regards to the medical exemption only. California allowed exemptions until last year when they changed to medical exemptions only.

The Senate Passes Governor’s Proposed Bill To Increase State Road Fund

Senate Floor Session

admin

-

March 25, 2017

0

The Senate met today and passed eight bills, six of which are going to the House and two of which are completed legislation.

Senate Bill 428 relates to partial filling of prescriptions.

Senate Bill 433 would permit counties to increase the excise tax on privilege of transferring real property.

Senate Bill 477 would increase the State Road Fund by raising DMV fees and motor fuel excise taxes. Senator Boso (R-Nicholas) amended the bill with some technical amendments. Many senators stood and spoke in favor of the Governor’s proposed bill.

Senate Bill 602 would create a uniform system of recording and indexing fictitious names used by sole proprietors.

Senate Bill 622 relates generally to tax procedures and administration.

Senate Bill 658 would establish a procedure for retitling mobile and manufactured homes.

House Bill 4486 would provide that when a party’s health condition is at issue in a civil action, medical records and releases for medical information may be requested and required without court order. Senator Romano (D-Harrison) moved to send the bill back to be reconsidered in the Committee on Judiciary. The movement was shot down with a vote of 15-19.

House Bill 2811 relates to the definition of above ground storage tanks.

There were 39 bills on second reading. 15 of the bills were laid over to retain their place on the calendar. Senate Bill 539 had four pending amendments. Senator Romano moved to amend the bill but the amendment was rejected. Senator Palumbo (D-Kanawha) amended the bill for more clarity. Senator Miller (D-Greenbrier) moved to amend the bill however a decision was not made and the bill was moved to third reading with right to amend.

The following committees meet:

Finance at 2 p.m. in 451M and 9:30 on Monday.

Judiciary at 2 p.m. in 208W.

The Senate is adjourned until Monday at 11 a.m.

Debate Heats Up on Bill on 1st Reading

House Floor Session

admin

-

March 25, 2017

0

The House of Delegates convened at 8:30 a.m. to discuss legislations. There were 22 bills on third reading. Of those were the following:

HB 2346 would require the Commissioner of the Division of Motor Vehicles to conduct a study on the cost effectiveness of flat license plates; it would also require the commissioner of the DMV to issue those types of licenses plats, if the study shows they are cost effective. The bill passed the House 93-3 and will now be sent to the Senate for consideration.

HB 2515 would prohibit the relocation, removal, alteration, or renaming, of any statue, monument, memorial, nameplate, or plaque which is located on public property and has been erected for, or named, or dedicated in honor of certain historical military, labor, civil rights, and Native American events, figures, and organizations. It would also prohibit any person from preventing the governmental entity having responsibility for maintaining the items, structures, or areas from taking proper measures to protect, preserve, care for, repair, or restore the items, structures, or areas. It would establish a process by which the West Virginia State Historic Preservation Office may grant waivers under certain circumstances. The bill passed the House 73-23 and will now be sent to the Senate for consideration.

HB 2724 would establish a community-based pilot project to promote public health through comprehensive community development in communities across West Virginia, and to support this project through the Herbert Henderson Office of Minority Affairs. The bill passed 88-8 and will be sent to the Senate for more consideration.

HB 2935 would establish the state Flood Protection Planning Council and authorize certain duties; it would also establish a Joint Legislative Committee on Flooding. Delegate Stephen Baldwin (D-Greenbrier) spoke to the bill and thanked leadership for getting this bill on the agenda. He said this council is important so that we could have a plan for future disasters. Every delegate stood to vote as they remembered those who were lost in the summer flood. The bill passed 96-0 and will now be sent to the Senate for their consideration.

HB 2980 would add a $10 fee for each additional defendant plead in a multiple defendant civil action case. The bill passed 89-7 and will now be sent to the Senate for more consideration.

HB 3101 would create a misdemeanor and criminal penalties for fishing within 200 feet of DNR personnel while stocking fish into public waters. The purpose of this bill is to ensure the safety of DNR personnel while stocking waters. They have been hooked with fishing hooks because fishermen continued to fish while they were stocking. The bill passed 92-4 and will now be sent to the Senate for more consideration.

HB 3105 would close certain modernization funds and transferring funds remaining in the Licensed Racetrack Modernization Fund and the Historic Resort Hotel Modernization Fund to the General Revenue Fund of the state during the FY 2017. In 2011, the fund was put together to assist the four casinos. For every $2 spent, they received $1 in tax credit. There was $58 million set aside and $30 million was used If they didn’t use the funds within 2 years the funds would revert back to General Revenue. There are $7 million in the fund.

In regards to HB 3105, Delegate Pat McGeehan (R-Hancock) opposed the bill. He said that the Mountaineer Racetrack in his district has plans to use their money this year. While the establishment of the fund was convoluted, it is still their funding, he said. The Mountaineer Racetrack needs to make updates to remain competitive. He said if the updates cannot take place, then it may have to close. If it closes, his district would lose 11, 000 jobs.

Delegate Cindy Frich (R-Monongalia) stood in support of the bill, arguing that the state and the casinos were in a business partnership and the money belonged to the state as well.

The bill passed 50-46 and will now be sent to the Senate for more consideration.

HB 3106 would establish a maximum of seven limited video lottery terminals at a regular retail location. It would increase the number from five to seven. This would bring in revenue from permits for each machine, as well as funding from general playing of the machine. The bill passed 88-8 and now will be sent to the Senate for more consideration.

HB 3107 was on second reading today and action was delayed one day on the bill.

HB 2933 was on first reading today and Delegate Pat McGeehan (R-Hancock) moved to reject the bill on first reading. Many delegates had opinions on whether the bill should be rejected or continue on to 2^nd, then 3^rd reading.

Delegate Mike Folk (R-Berkeley) said, “This is a tax increase.” He then preceded to name the items that would be taxed. Food, 3 percent tax. Mobile homes, Barbers, Architects, Music Lessons, Hair Salons, and many more 5 percent tax. He said the bill proposed could set a flat income tax, but for middle/working class West Virginians it would be a tax increase of .9 percent.

Majority Leader Daryl Cowles (R-Morgan) argued that it was not a tax increase, but a fair flat rate; a lower rate, because all things we purchase would only be taxed at 5 percent. He called it tax reform; boarder and lower. “Everybody pays a little bit, but everyone pays lower.” He said “It’s a serious proposal; it is a solid idea and it should have your full consideration.” When asked if this would enhance revenue, he said it was revenue neutral. Cowles said the bill would make West Virginia competitive advantage over boarder states.

Delegate Justin Marcum (D-Mingo) argued that if it was revenue neutral, it shouldn’t even be up for debate with the budget situation we are in. He also said “If everyone got a tax break, then revenue would go down.” He said that this bill would be a tax break for the ultra-wealthy and the working middle class would be taxed more.

Delegate Shawn Fluharty (D-Ohio) said, “I think we should stop, do not pass go, and do not collect more money on the backs of hard working West Virginians.”

McGeehan said that there’s another balanced budget, HB 2908, and that the Governor’s staff has read it and likes it. He said, this bill extracts the wealth from West Virginians. “It’s a tax increase for unproductive bureaucrat spending. It’s going to hurt the poorest in the society.”

The rejection of the bill failed 44-50 and the bill will be on second reading on Monday.

The Rules Committee moved HB 3037, HB 3088, HB 2552, HB 2711, and HB 2188 from the House Calendar to the Special Calendar for first reading.

Committee Meetings Today

Finance: 15 minutes after session in 460M to discuss budget

Judiciary: 12 p.m. in 410M

Committee Meetings Monday

Government Organization: 9 a.m. in 215E

Rules: 10:45 a.m. behind the House Chamber

Roads and Transportation: 1 p.m. in 215E

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

Senate Education Committee Reports Two Bills

Senate Committee

admin

-

March 25, 2017

0

The Senate Education Committee met this morning to discuss two bills.

Senate Bill 40 would require inclusion of protocols for response to after-school emergencies in school crisis response plans. This would give sports based after school activities a plan for if someone got hurt in an after school practice.

Senator Trump (R-Morgan) clarified that there would still be protections in place for capable citizens in case they decided to deliver aid on site.

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

Senate Bill 656 relates to student data accessibility, transparency and accountability act. This would make some specific rules in regards to the ACT so that they don’t release information that students or parents don’t want released. Council said the intent of the bill was so that the ACT can receive payment for the release of the information. It will also serve as a recruitment tool because businesses will be able to request information. The bill allows for schools to send prospective students scholarship and recruitment material as well.

Senator Unger (D-Berkeley) said, “To me this raises privacy issues. These companies could start farming information for these students. I’m a little concerned.”

Heather Hutchins, general counsel for the Department of Education, said the bill is especially for students who won’t be doing post-secondary education after high school, with the adoption of the ACT as West Virginia’s standardized test. The bill would allow for the sharing of the score for recruiting purposes without having to take the test again in a private setting for those who wish to do so. There would also be mechanisms to send those scores to schools but they would be difficult.

Senator Azinger (R-Wood) made sure that guardians were included in those who could send scores as well.

Senator Karnes (R-Upshur) moved to amend the bill so if the student was younger than 18 then they must have their parent or guardian’s permission to send the scores. Senator Trump then moved to amend the amendment so that if it was 15 or younger. The amendment was adopted.

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

Bill Relating to Sale of Tax Maps is Reported Out of Senate Government Organization

Senate Committee

admin

-

March 24, 2017

0

The Senate Government Organization Committee met today to pass three bills out of the committee.

Senate Bill 588 relates to reproduction, distribution and sale of tax maps. The purpose of this bill is to create a funding source to distribute and reproduce the tax maps while also giving the public access to them. Paper and electronic tax maps will be made available for purchase from the county assessor. There would be no limit to the reproduction. There would be no liability to third parties for errors in the maps. Each map would be $25 and the revenue would be split throughout different funds.

Senator Sypolt (R-Preston) said the purpose of the bill is to get more information regarding tax in the hands of the people but also make it self-sustaining.

A representative of the Kanawha County Assessor’s Office said they were in support of the bill to have a new revenue stream in order to keep the maps updated and available.

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

Senate Bill 534 relates to incentives for consolidating local governments. The purpose of the bill is to provide incentives for local services to consolidate in order to save money and become more efficient.

Former Senator McCabe spoke in favor of the bill as council. He said, “This kind of legislation puts forth a mindset that can help us compete more at a national level.”

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

Senate Bill 501 relates to the WV Economic Development Authority. The bill was reported to the full Senate with the recommendation that it pass.

Select Committee on Tax Reform Reports Two Bills

Senate Committee

admin

-

March 24, 2017

0

The Select Committee on Tax Reform met briefly to discuss two bills today.

Senate Bill 409 would modify exemptions for consumer’s sales and service tax. The bill gives exemptions to some taxes on services under the sales tax but not to others. The bill was reported to the floor with the recommendation that it pass but first be referred to the Committee on Finance.

Joint Resolution 8 would be the Fair and Simple Tax Reform Amendment. It would repeal parts of the tax code and add a new section. It would repeal some property tax exemptions and change laws that allow local bonds be used to upkeep city and state property. The bill was reported to the floor with the recommendation that it pass but first be referred to the Committee on the Judiciary.