Blog – Page 194

House Gov. Org. Discuss Originating Bill at Morning Meeting

House Committee

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March 24, 2017

House Government Organization discussed HB 2376 and HB Originating in committee this morning.

HB 2376 would provide that the Bureau for Medical Services be renamed the Department of Medical Services with the Commissioner of the Bureau for Medical Services becoming the Secretary of the Department of Medical Services. The bill would provide that the Department continue to operate as currently configured as the Bureau for Medical Services with the structure of the Department of the Health and Human Resources for administrative support, interagency cooperation and program support.

HB Originating would create the Board of Nursing and Health services, by combining all nursing and health boards into one.

Vaccination Exemption Bill Approved in Senate Education

Senate Committee

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March 23, 2017

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Senate Education met today and discussed SB 401 and SB 537.

SB 401 wouldpermit a county board of education to base its employment decisions, transfers, reassignments, reducing the number of professional personnel, reductions in classroom teaching positions and reductions in the workforce on an individual’s qualifications. The goal of this legislation is to keep the most qualified educators in the classroom.

Chairman Mann (R-Monroe) stepped out of the chairman’s seat to be able to discuss this bill, because he opposed it. He believes we are already keeping our most qualified teachers here and moving from the seniority system could lead to the “buddy-system,” where people are hired because of who they know, not their qualifications. He also felt changing to this system could burden the county boards of education.

Senator Plymale (D-Wayne) said he had an issue with number nine on the list of considerations for filling vacancies. Number nice states, “Other measures or indicators upon which the relative qualifications of the applicant may fairly be judged.” He said without knowing these other measures, he wasn’t comfortable supporting the bill. The bill passed the committee 7-6 and will be sent to the full Senate.

SB 537 wouldprovide exemptions from mandatory immunizations. Sharron Stefan spoke to the committee and stated she has treated children and never saw a serious complication from vaccinations. Senator Stollings (D-Boone) said, “98-99 percent of the health care community is in agreement with vaccines.” He said being able to prevent diseases with vaccines are what we hope for. The bill passed in the committee and will be sent to the full Senate.

The committee recessed until 6:30 p.m. this evening.

Senate Gov. Org. Approves Bill to Exempt DHHR from Certain Purchasing Requirements

Senate Committee

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March 23, 2017

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The Senate Government Organization Committee has approved four bills to be reported to the full Senate with the recommendation that they pass.

SB 380 would create a two-year pilot program permitting recreational vehicles on designated roads and trails in Cabwaylingo State Forest after purchase of special permits.

The bill also provides for designation of campgrounds and tent sites to be used by the ATV and ORV users.

DNR Director Steve McDaniel said the division very much supports the bill.

The bill was previously reported out of Senate Natural Resources with the recommendation that it pass.

SB 631 would clarify the process by which municipal governments may abate unsafe, unsanitary or dangerous dilapidated structures that are detrimental to the public safety or welfare.

SB 671 would reestablish the West Virginia Anatomical Board.

SB 634 would create an exemption for the Department of Health and Human Resources from having to go through the requirements of the Division of Purchasing when entering into agreements with West Virginia University or Marshall University for the provision of services, which will encourage collaboration and cost-saving between the Universities and Department of Health and Human Resources.

DHHR Deputy Secretary Jeremiah Samples said the current purchasing policies have created problems with allowing the DHHR to cooperate with WVU and Marshall in a timely manner for collaborative projects, events or activities.

Samples said there are very many universities in states throughout the nation that already have such provisions in place.

Andrew Kirkner of the West Virginia Association of Health Plans said the private sector’s main concern is ensuring that they are still able to competitively bid on certain contracts the bill deals with.

Kirkner counsel made an amendment related to the bill’s treatment of Medicaid, which the committee adopted.

The committee laid over SB 638, which would provide an exemption from taking the business and law portion of the examination for a license under the West Virginia Contractor Licensing Act when an applicant presents evidence of retaining a certified public accountant or public accountant to file business and tax filings required by the state and federal government.

Members felt that they needed more time to assess the provisions of the bill in relation to the exam to ensure those exempted from the business and law portion of the exam would still be qualified to do their jobs as needed.

David Mullins and Mitchell Woodrum of the Division of Labor were present to answer questions from members of the committee about the examination.

Members of the committee also adopted the subcommittee reports for Senate Bills 294, 534 and 501.

The committee is recessed until a time that will be announced tomorrow during the Senate floor session.

House Finance Reports Bill to Sell Hopemont Hospital

House Committee

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March 23, 2017

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The House Finance Committee met again this afternoon to discuss three bills.

House Bill 3048 relates to collection of Tier II fees for chemical inventories. The fees collected would be increased to a maximum of $2,500 from $100.

Delegate Westfall (R-Jackson) asked if this was a one-time fee. Council informed the committee that the fees would be taken up over time.

The jump for the fees are to pay for training of employees and maintenance of the facilities that house the chemicals. The manufacturers of the chemicals are also in favor of the bill.

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

House Bill 2720 would allow the School Building Authority to transfer funds allocated into the School Construction Fund. The bill as introduced would allow transfer of funds to a school construction funds. The bill was reported to the floor with the recommendation that it pass.

House Bill 3102 relates to selling Hopemont Hospital. The bill ensures that a replacement facility be constructed that can hold at least 60 beds for the patients in the hospital. The bill was amended by Delegate Longstreth (D-Marion) to ensure the beds built would be given to those at Hopemont first.

Delegate Longstreth said, “I was trying to make it more clear that this would be a replacement facility for the patients and not replacing Hopemont itself.”

Delegate Walters (R-Kanawha) asked, “If a patient can receive better service at another facility, are we now restricting them to this facility?”

Council responded that the bill would not force them to go to the certain replacement facility for long term care.

Delegate Householder (R-Berkeley) urged rejection of the amendment. He said the language was duplicative and places an unneeded burden on those selling the hospital.

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

Bill Related to Health Care Record Fees Approved in Senate Health

Senate Committee

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March 23, 2017

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The Senate Health and Human Resources Committee has approved a bill that would establish a new fee structure for the furnishment of health care records.

The bill, SB 578, would do so by allowing records to be furnished to a patient’s personal representative and establishing a limit on the total fee allowable for the furnishment of a patient’s health care record.

Stephen New of the West Virginia Association for Justice, said there are problems with the bill, since current law was specifically created to comply with federal law and the proposed bill would violate those agreements.

Senator Charles Trump, R-Morgan, is the lead sponsor of the bill and said he created the bill to address the amount of litigation with the current law by setting clearer cost caps on the documents.

The committee also voted to lay over HB 2459, which would clarify certain requirements of the certificate of need process.

The bill was sent to the committee last year but was never voted on or reported out.

Sonia Chambers, chair of the West Virginia Healthcare Authority, was available to answer questions from members of the committee about the effects of the bill.

Secretary of the DHHR Bill Crouch was also present to field questions from the committee, but he said the DHHR did not have time to review the bill prior to the meeting.

Senator Ron Stollings, D-Boone, motioned that the committee lay the bill over until the bill could be further reviewed by those parties affected by it.

The committee is in recess until 10 a.m. tomorrow, where they will meet again in room 451M in order to finish addressing the previous bill, as well as Senate Bills 386 and 47, which were also on the agenda for today.

House Judiciary Approve Com. Sub. for Parental Notification Bill (HB 2002)

House Committee

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March 23, 2017

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The Judiciary Committee met to receive sub-committee reports and move bills to House floor.

HB 2930 wouldallow a Powerball winner to be anonymous if they elect to be anonymous. The bill will be reported to the floor with recommendation that it do pass.

HB 2704 wouldprohibit persons convicted of sexual offenses against children with whom they hold positions of trust from holding certification or license valid in public schools. It would also prohibit persons convicted of sexual offenses against children with whom they hold positions of trust from being employed by any educational, vocational, training, day care, group home, foster care program, or rehabilitation facility in the state and increase penalties for persons who are school employees and convicted of sexual offenses against children with whom they hold positions of trust. The sub-committee found it is already illegal for someone convicted of those crimes to be near a school or accept employment there. The committee substitute takes criminal code and applies it to educational code. The bill will be reported to the floor with recommendation that it do pass.

HB 2781 would require voters to provide a photo identification when voting and identify the requirements for those photo identifications, to set forth certain qualifying identification documents. It would provide for provisional ballots to be cast by voters who do not possess the required photo identification. The bill will be reported to the floor with recommendation that it do pass.

HB 2002 would require a 24 hour wait from constructive (mail) notification to parent of minor. The minor, alone or with doctor, may petition the court for notification waiver. The committee substitute also state minor should see a psychiatrist. The bill will be reported to the floor with recommendation that it do pass.

HB 2520 was reconsidered to reject an amendment from the Health and Human Resources Committee. The bill prohibits the use of tanning devices by minors, those under the age of 18. The bill passed again and will be reported to the floor with the recommendation that it do pass.

The Judiciary Committee is in recess until after the floor session this evening.

Seven Bills Moved from House Today

House Floor Session

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March 23, 2017

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Today the House of Delegates passed seven bills.

SB 127 would authorize the Insurance Commissioner to issue a legislative rule relating to Adoption of a Valuation Manual.

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

HB 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.

HB 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.

HB 3009 wouldgrant the Office of Health Facility Licensure and Certification access to the Controlled Substances Monitoring Program database for regulatory purposes.

HB 3061 wouldencourage 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.

HB 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.

HB 2702 was on 2^nd reading today and was amended by Delegate Cowles (R-Morgan) and Delegate Summers (R-Taylor). HB 2707 would provide that excused absences for personal illness, when a family of member of student is ill.

Delegate Cowles amended it to add more flexibility and clarity for unintended consequences. It added nurse practitioner to the list of medical practitioners who could give medical documentation for the family member and changed family member to include not just the parent or guardian. His amendment also states that notification could be given within three days of returning.

Delegate Summers amended it by removing the notification of absences at three days, as there is notification at five days.

HB 2871 was moved out of Rules Committee. This bill eliminates the mandatory 80 percent of the employer, 20 percent employee cost share on PEIA active employee premiums and to instead set 80 percent as the maximum employer share and 20 percent as the minimum employee share.

Committee Meetings Today

Finance: 2 p.m. in 460M

Judiciary: 2 p.m. in 410M

Rules: 4:45 p.m. behind House Chamber

Committee Meetings Tomorrow

Finance: 9 a.m. in 460M

Judiciary: 9 a.m. in 410M

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

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

The House is in recess until 5 p.m. tonight.

Update:

The Rules Committee moved SB 347, HB 2763, HB 2794, HB 2799, HB 2804, HB 2805, HB 2850, HB 2878, HB 2897, HB 2941, and HB 3096 from the Special Calendar to the House Calendar.

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

Senate Passes Bill Allowing Sunday Retail Sale of Liquor

Senate Floor Session

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March 23, 2017

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The Senate has passed 15 bills to be sent to the House for further consideration.

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

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.

SB 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.

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

SB 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.

SB 472 would permit bear hunting with guides.

SB 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.

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

SB 523 would make statutory changes related to converting to a biweekly pay cycle from a monthly or semimonthly cycle for state employees. This bill would be effective from passage.

SB 533 would provide that no wine or liquor excise tax will be collected on purchases of wine or intoxicating liquors in the original sealed package for resale, if the final purchase of the wine or intoxicating liquor is subject to the excise tax.

SB 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.

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

SB 595 would allow portions of otherwise exempt property that are being used for nonexempt purposes to be separately assessed and taxed for property tax purposes.

SB 684 would correct existing incorrect references in the two sections relating to the West Virginia State Police. This bill would be effective from passage.

Members of the Senate also adopted SR 50 to commemorate the 25th anniversary of the national and state ChalleNGe Program.

Senate Bills 18, 61, 76, 183, 419, 464, 486, 504, 535 and 538 were advanced from second reading.

Of those bills advanced, Senator Patricia Rucker, R-Jefferson, made an amendment to SB 18 to make a provision requiring legislative oversight of the actions of state boards of education. Senator Mike Romano, D-Harrison, moved to amend the amendment to include home-schooled students under the provisions of the bill. His motion was rejected.

Another advanced bill, SB 535, was amended by Senator Charles Trump, R-Morgan, to allocate any bonds not issued or sold for the improvement of certain state parks nu January 1, 2018, to the General Revenue Fund.

Committee Meetings Today

Energy, Industry and Mining: 2:15 p.m. in 208W

Health and Human Resources: 2:15 p.m. in 451M

Government Organization: 3:15 p.m. in 208W

Education: 3:15 p.m. in 451M

Judiciary: 4:15 p.m. in 208W

Finance: 4:15 p.m. in 451M

Education: 6:15 p.m. in 451M (if needed)

Judiciary: 8:15 p.m. in 208W (if needed)

Committee Meetings Tomorrow

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

Tax Reform: 1 p.m. in 451M

Judiciary: 2 p.m. in 208W

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

House Finance Discusses Six Bills in Morning Meeting

House Committee

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March 23, 2017

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The Finance Committee met this morning and discussed several bills.

HB 2962 would enlarge the authority of the Tax Commissioner to perform background investigations of employees and contractors and make technical corrections. The enactment of this bill is necessary for the Tax Commissioner to receive federal tax information for the Internal Revenue Service.

HB 2961 would amend the procedure by which a charitable gaming licensee may appeal the Tax Commissioner’s sanctions against the licensee for violations of the charitable gaming laws, by allowing the licensee to petition the Office of Tax Appeals for an administrative hearing rather than the Tax Commissioner.

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 2967 would remove the requirements for the State Tax Commissioner to administer the fiduciary supervisor/fiduciary commissioner qualifying test and annual training seminar.

HB 3091 would change the due date for employers to file their annual reconciliation and withholding statements with the Tax Commissioner to January 31, which date is consistent with the date by which employers must file their annual employer withholding reconciliation statements with the Internal Revenue Service and require more employers to file W-2 information electronically with the Tax Commissioner.

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

The Finance Committee will be meeting this afternoon at 2 p.m.

Bills Related to Division of Highways Approved in Senate Finance

Senate Committee

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March 23, 2017

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

SB 614 would provide loan insurance for commercial loans used for the expansion of broadband service to unserved or underserved areas.

The bill was previously reported out of Senate Economic Development with the recommendation that it do pass.

SB 69 would create the sexual assault survivors’ bill of rights.

The bill was previously reported out of Senate Judiciary with the recommendation that it do pass.

SB 416 would eliminate the cap on the size of projects constructed by the Division of Highways and to remove the sunset date.

Tom Smith, secretary of the West Virginia Department of Transportation, said he was in support of the bill, since it would allow the department to more easily enter into public-private partnerships for infrastructure developments.

Smith said those partnerships would especially become helpful as the department becomes more dependent on private funding as state funding decreases due to budget issues.

The bill was previously reported out of Senate Transportation and Infrastructure with the recommendation that it do pass.

SB 417 would remove the financial limitations on how many design build projects may be undertaken by the Division of Highways.

Currently, no more than $50 million a year up to an aggregate of $150 million may be expended for design build projects.

Senator Greg Boso, R-Nicholas, said more funding to allow designers to work closely with construction teams can increase the safety and efficiency of certain projects.

The bill was previously reported out of Senate Transportation and Infrastructure with the recommendation that it do pass.

SB 421 would increase from $200 million to $500 million the amount the Division of Highways is allowed to use to apply for Federal Grant Anticipation Notes to be reimbursed from the funds made available to West Virginia from the federal government’s Highway Fund for West Virginia.

Funds obtained from this federal grant will only be used for the completion of interstate or other highway facilities designated as part of the federal-aid highway system or for toll bridges.

The bill was previously reported out of Senate Transportation and Infrastructure with the recommendation that it do pass.

The committee will meet again at 3 p.m. today in 451M.