Blog – Page 196

Subcommittee on K-12 Issues Reports Bill Relating to Standards to Education

House Committee

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March 22, 2017

The subcommittee on K-12 Issues met today on discuss HB 2443.

House Bill 2443 would establish academic standards and assessment methods. The bill would as taken up by the committee, would make standards on county levels flexible in that they can take away some standards and replace them with more intensive standards in another area.

The committee came to the conclusion that having separate counties having separate standards is a bad idea.

Delegate Thompson (D-Wayne) said, “I don’t think that each county should have a totally different set of standards. I understand having some flexibility between counties but it has to be consistent.

Council said under current law, West Virginia has to have a state wide set of standards, however these standards can be added upon at a county level, just not taken away from.

Delegate Westfall (R-Jackson) asked, “If we want to add certain standards to certain counties, can we do it?”

Council said that only the counties could do that and that the state would not be involved.

The committee came to the conclusion that there must be a statewide standard for West Virginia. If they want to add standards that is fine but they can’t take away from the standards to incorporate those extra requirements.

The bill was reported back to the full committee on Education with the recommendation that the extra standards can be adopted but a closer look be taken at the subtraction and altering the flexibility of standards.

Senate Finance reports Governor Justice’s DMV Bill to Floor

Senate Committee

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March 21, 2017

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The Senate Finance Committee reported three bills to the floor of the Senate including one on Governor Justice’s Road plan.

Senate Bill 281 would increase the number of limited video lottery machines allowed at retail locations. The bill was reported to the floor with the recommendation that it pass.

Senate Bill 622 relates generally to tax procedures and administration. The bill gives the tax commissioner rule making authority on procedures and administration. The bill was reported to the floor with the recommendation that it pass.

Senate Bill 477 would increase the State Road Fund by raising DMV fees and motor fuel excise taxes. The bill will also increase the minimum average wholesale price of fuel.

Senator Palumbo (D-Kanawha) wanted to be sure that the Governor’s proposed tax increases from tolls was not in the bill.

Senator Boso (R-Nicholas) confirmed fo Senator Palumbo the bill he was speaking about is a separate bill.

The $42 million fiscal note would be from the DMV fees and $158 million would be from the gas tax increases.

Joey Garcia, senior council for legislation and policy for Governor Justice, said, “The money, based on this bill, would flow into the state road fund. The fund could be used for the bond plans that Governor Justice has plans for.”

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

House Finance Sends Three of “Governor’s Bills” to Full House

House Committee

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March 21, 2017

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HB 2878 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. The 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 will be reported to the floor with recommendation that it do pass.

HB 2721 would set the cap on the size of projects constructed by the Division of Highways to $10 million and to extend the sunset date to six years. The bill will be reported to the floor with the recommendation that it do pass.

HB 2722 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. The bill will be reported to the floor with the recommendation that it do pass.

Originating Bill relating to limited video lottery. Currently, video lottery retailers can only have five video lottery terminals. This bill would increase that number to seven. Revenue enhancements involved licensing for each machine and more play of the machines. The bill will be reported to the floor with the recommendation that it do pass.

Senate Bill 630 is Discussed by Senate Education Committee

Senate Committee

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March 21, 2017

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The Senate Education Committee met today to discuss SB 630.

Senate Bill 630 would establish the Accessibility and Equity in Public Education Enhancement Act. The act would allow the county boards to create a virtual instruction program through policy for the schools to adopt. It may offer an online pathway for those wishing to get a high school diploma. An eligible student in the program must be included in the school enrollment numbers. The student participating in the program may participate in extracurricular activities so long as they keep in line with the other eligibility requirements.

Senator Mann (R-Monroe) commented, “This would help people with special needs, troubled children, or everyday students. I don’t see everyone going into this realm, but it would give them an option. It provides flexibility.”

Senator Stollings (D-Boone) said, “It mentions K-12 and I’m not sure about the children in Kindergarten through 3rd.”

Dr. Ron During, the superintendent of Kanawha County Schools, said, “I feel like we can enhance the accessibility of public education. We can customize schooling to fit families’ lifestyles. This program can help the kids who want to get a modeling portfolio together or study abroad to be a concert pianist, stay enrolled in their home high school while following their dream. This moves education to the future.”

When asked about the younger children using the program by Senator Stollings, Dr. During said the program could provide these students who would be homeschooled otherwise with vetted material to make sure the children are being educated properly.

Dr. During also said truancy won’t be an issue because there are methods they use to be sure students are online.

“Do we have any idea how much it would cost for students to participate in this program?” asked Senator Romano (D-Harrison).

Dr. During responded they might get more funding because of the homeschooled children who would enroll in the program. He also explained the development of the program has to happen first before they find out how much it may cost.

The bill was laid over until Thursday as another committee had to meet but will be taken up again then.

Fire Service Fees Bill Approved in Senate Government Organization

Senate Committee

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March 21, 2017

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

SB 74 would allow fire departments to charge fees for service calls.

Vivian Parsons, executive director of the West Virginia County Commissioners Association, said she had “a little bit of concern” about

Senator Douglas Facemire, D-Braxton, proposed an amendment to the bill that would require homeowners insurance policies to cover fire service fees in residential situations. The amendment was rejected.

Jill Rice of the West Virginia Insurance Federation was available to answer questions from members of the committee.

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

The fiscal not for the bill shows there would be an increase in County Commission revenues of up to $5.1 million if all fifty-five counties increased their rate.

Parsons said the West Virginia County Commissioners Association “wholeheartedly” supports passage of the bill.

SB 602 would create a uniform system of recording and indexing of fictitious names used by sole proprietors in this state.

Steve Connolly, deputy Secretary of State, was available to discuss the provisions of the bill with members.

Patty Hamilton of the West Virginia Association of Counties, said the Association approves of the bill.

SB 658 would establish a procedure whereby mobile and manufactured homes may be retitled provided certain conditions are met.

Andy Gallagher, executive director of the West Virginia Housing Institute, said the Institute had no objections to the bill.

Gallagher said all surrounding states already have passed similar bills.

Committee counsel spoke on behalf of the Division of Motor Vehicles to share their concerns toward the “over-burdensome” nature of the bill.

Senator Craig Blair, R-Berkeley, Chair, formed three subcommittees to evaluate Senate Bills 534, 502 and 294.

Senator Corey Palumbo, D-Kanawha, will serve as Chair, and Senators Ed Gaunch, R-Kanawha, and Tom Takubo, R-Kanawha, will serve as members in a subcommittee to look at SB 534, which would create incentives for local governments to consolidate in an effort to save money on local services.

Senator Glenn Jeffries, D-Putnam, will serve as Chair, and Senators Ryan Weld, R-Mercer, and Randy Smith, R-Tucker, will serve as members in a subcommittee to look at SB 502, which would permit the West Virginia National Guard to contract out and hire persons to perform specialized technical services.

Senator Ronald Miller, D-Greenbrier, will serve as Chair, and Senators Ed Gaunch, R-Kanawha, and Dave Sypolt, R-Preston, will serve as members in a subcommittee to look at SB 294, which would create the Community Sustainability Investment Pilot Program as a matching grant program to foster the development of creative communities in West Virginia.

The committee will meet at 8:30 a.m. Wednesday in 208W, where they will pick up with Senate Bills 408 and 412.

Juror Striking Bill Rejected in House Today

House Floor Session

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March 21, 2017

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Today the House of Delegate met today. Eight bills passed and one bill was rejected.

HB 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. This bill passed the House on a 98-1 vote. The bill will now be sent to the Senate for more consideration.

HB 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. The bill passed 96-5 in the House and will now be sent to the Senate for further consideration.

HB 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 passed 99-0 and was sent to the Senate for more consideration.

HB 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 passed 56-43 in the House and will now be sent to the Senate for consideration.

HB 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 passed 98-0 in the House and will be sent to the Senate.

HB 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 the House 95-5 and will now be sent to the Senate.

HB 2798 wouldclarify 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 the House 94-4 and will now be sent to the Senate.

HB 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 the House 96-2 and will now be sent to the Senate.

HB 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. Delegate Sponaugle (D-Pendleton) said it is the people’s right to strike jurors and that it should not be easy to put people in the Penitentiary when he stood in opposition of the bill. The bill was rejected in the House 40-56.

During the Remarks by Members, Delegate Dean (R-Mingo) stood and said he supported our current education standards and that it was time to trust our teachers. There have been countless hours and plenty of money put into the current standards.

Delegate Kessinger (R-Fayette) stood and spoke about how it has been a tough session. She said everyone should be working together “for our state to live within its means.”

Committee Meetings Today

Prevention and Treatment: After caucus in 215E

Health and Human Resources: 15 minutes after Prevention and treatment in 215E

Finance: 3 p.m. in 460M

Gov. Org.: 4 p.m. in 215E

Sub-Committee on 2002: 4:45 p.m. in 410M

Committee Meetings Tomorrow

Finance: 9 a.m. and 2 p.m. in 460M

Sub-Committee on K-12: 9 a.m. in 434M

Judiciary: 9:15 a.m. in 410M

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

Education: 2 p.m. in 434M

Gov. Org.: 2 p.m. in 215E

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

Senate Energy, Industry and Mining Report Bill Relating to Above Ground Storage Tanks

Senate Committee

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March 21, 2017

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The Senate Committee on Energy, Industry and Mining met today to discuss one bill, HB 2811.

House Bill 2811 relates to the definition of above ground storage tanks. Tanks of 10,000 gallons or less and not located in the zone of critical concern would be exempt from certain proceedings. The zone of critical concern is 1,000 feet from principle stream. Signage and provisions remain same for those not exempted. Oil tanks in the drilling process still have to follow the current rules as well.

The bill was reported to the full senate with the recommendation that it pass with no discussion in the committee.

There are two bills in subcommittees but once the scheduling conflicts are resolved, the committee intends on discussing them.

Senate Health Approves SB 402

Senate Committee

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March 21, 2017

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The Senate Health and Human Resources Committee has approved a bill that would generally prohibit covenants from competing between physicians and hospitals.

Senator Tom Takubo, R-Kanawha, Chair, answered questions from the committee about the bill, SB 402.

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

Senate Completes Legislation on Step Therapy Bill

Senate Floor Session

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March 21, 2017

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The Senate has completed legislation on a bill that 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.

The bill, HB 2300, was originally passed last year by former governor Earl Ray Tomblin but was voided due to technical issues with the bill, which have since been corrected.

The Senate also passed 12 bills to be sent to the House for further consideration.

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

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

SB 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. This bill will be made effective from passage.

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

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

SB 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.

SB 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.

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

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

SB 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.

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

HB 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.

Members of the Senate also adopted SR 44 to designate today as Down Syndrome Awareness Day at the Capitol, SR 45 to also designate today as Preston County Day at the Capitol, SR 46 to recognize Leadership Jefferson and SR 47 to celebrate the achievements and contributions of Monongalia County.

Senate Bills 243, 288, 339, 360 and 398 were advanced from second reading.

Of those bills, Senator Ron Stollings, D-Boone, made an amendment to SB 360 to have a dietician added to the diabetes coalition provided in the bill.

Committee Meetings Today

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

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

Government Organization: 3 p.m. in 208W

Education: 3 p.m. in 451M

Judiciary: 4 p.m. in 208W

Finance: 4 p.m. in 451M

Transportation and Infrastructure: following adjournment of Senate Finance and Senate Judiciary in 451M

Judiciary: 6-8 p.m. in 208W

Committee Meetings Tomorrow

Government Organization: 8:30 a.m. in 208W

Interstate Cooperation: 10 a.m. in 451M

Workforce: 10 a.m. in 208W

Agriculture and Rural Development: 2 p.m. in 208W

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Tax Reform: 5:30 p.m. in 451M

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

House Judiciary Approves There C.S.I. Bills in Morning Meeting

House Committee

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March 21, 2017

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House Judiciary met this morning.

HB 3022 would require the reporting of fraud and misappropriation of funds to the Legislature’s Commission on Special Investigations. The Commission on Special Investigations (CSI) is a year round committee that looks into allegations of fraud. Often times when an employee commits fraud the company or business will quietly let them go, this bill would require the report of the employee’s fraud. The bill will be reported to the floor with recommendation that it do pass.

SB 247 would authorize a prosecuting attorney to designate and deliver grand jury records to law-enforcement officers or investigators for investigative purposes. The bill will be reported to the floor with recommendation that it do pass.

SB 248 would clarify the composition and chairmanship of the Commission of Special Investigations. It is chaired by the President of the Senate and the Speaker of the House. The members consist of four delegates and four senators, with no more than two from the same party from each legislative body. The bill will be reported to the floor with the recommendation that it do pass.

HB 2948 would require certain state agencies to take final action on certain completed permit applications within thirty days if uncontested, or ninety days if contested, unless other timelines exist. Agencies include agriculture, traffic regulations, natural resources, labor, commercial motor carriers, trade, fire prevention, and volunteers for non-profit youth organizations. Public health was amended out of the bill by Delegate Fleischhauer (D-Monogalia). The bill will be reported to the floor with recommendation that it do pass.