Blog – Page 196

Senate Interstate Cooperation Committee Rejects SB 659

Senate Committee

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March 22, 2017

The Senate Committee on Interstate Cooperation met to discuss one bill.

Senate Bill 659 would enact the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact. This Compact is an interstate act that allows emergency medical personnel to practice their services between states that have also signed this bill into law. The bill would only apply to EMTs and paramedics that are active under a medical director. In the event that a state’s governor declares a state of emergency the bill would still be enacted. The bill won’t be enacted until two more states adopt the bill as ten need to in order to form the commission to govern the act. If the compact hasn’t become effective by July 2021 then the bill will be dissolved.

Brian Skinner, the Council for Public Health, said he does have some concerns for the bill. He thinks it is unconstitutional because the commission could legislate and pass rules across multiple states. The commission could also demand fees to cover its annual budget and would have a fiscal impact.

Senator Sypolt (R-Preston) asked if there are any advantages in the concept of a commission like this legislation.

Mr. Skinner responded there are some but this legislation has some legal implications that are risky. However, they have no objections to looking into legislation like this in the future.

The bill was rejected.

Bill Related to Unemployment Compensation Requirements Passes Senate Workforce

Senate Committee

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March 22, 2017

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The Senate Workforce Committee has approved a bill that would require individuals receiving unemployment compensation to apply for and accept seasonal employment.

The bill, SB 316, would further require that those individuals work a minimum of 25 hours a week at their seasonal jobs.

Connie Kirk, unemployment insurance director of WorkForce West Virginia, said the organization supports the bill’s passage, since it would bring state law into compliance with federal law and make it easier for the organization to supply unemployment benefits.

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

House Finance Reports Three Bills

House Committee

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March 22, 2017

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House Finance met briefly this morning to report three bills.

House Bill 2841 would require board members to have attended a board meeting in order to be compensated for the meeting. The bill was reported to the floor with the recommendation that it pass.

House Bill 2763 related to the approval by the Council for Community and Technical College Education of acquisitions. The bill was reported to the floor with the recommendation that it pass.

House Bill 2980 relates to civil lawsuit filing fees for multiple defendant civil action.

Delegate Frich (R-Monongalia) said she was happy there would be more money going to the state’s forensic laboratory was going to be receiving more money but wondered how much it would be.

The commission of counties representative said there wasn’t an exact number however it would be substantial.

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

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

House Committee

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March 22, 2017

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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.