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.
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 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.
The Senate Transportation and Infrastructure Committee has approved a bill that would remove the financial limitations on how many design build projects may be undertaken by the Division of Highways.
The bill, SB 417, was created as part of Governor Jim Justice’s infrastructure plans.
Currently, no more than $50 million a year up to an aggregate of $150 million may be expended for design build projects.
Mike Clowser, executive director of the Contractors Association of West Virginia, spoke in favor of the bill’s passage.
Tom Smith, secretary of the West Virginia Department of Transportation, was available to answer questions from committee members.
Michael Haid, executive director of the West Virginia Society of Professional Engineers, said the current road system has failed and “is getting worse,” and the bill would help to fix that.
The bill contains a second reference to Senate Finance once reported to the floor.
The committee is recessed until 10 minutes after Senate Finance and Senate Judiciary adjourn this evening.
An Originating House Bill was taken up today by the House Committee on Finance.
The Originating House Bill would take the four percent of taxes that are generated from race tracks and casinos up until $17.5 million and make it so that it no longer goes into a Modernization Fund for the race tracks and casinos.
The race track and casino Modernization Fund provides funds so the tracks are able to upgrade their machines to compete with the other states’ tracks and casinos. However, the limited Video Lottery retailers, where most of these funds are originating, are only taxed at about 52 percent.
A representative from the race tracks said the fund has helped them keep that level up on the competition. Also the majority of the funds go to upgrading the machines. He also said 80 to 90 percent of players are from out of state and the modernization fund will help to keep the tracks competitive with the out of state ones.
Delegate Gearheart (R-Mercer) asked, “Are there any other industries that get tax dollars to stay competitive?”
Council said there weren’t any.
Delegate Longstreth (D-Marion) asked, “Where are the employees coming from?”
Council said that the employees are primarily from West Virginia.
The bill was moved to be amended by Delegate Rowe (D-Kanawha) to direct the first $2 mill to go to the Library Commission that would be directed to general revenue. The amendment was rejected after encouragement to run the amendment as a separate bill.
The House Bill Originating was reported to the floor with the recommendation that it do pass with a close vote of 14 yeas and 11 nays.
The Senate Judiciary Committe has approved two bills to be reported to the floor with the recommendation that they pass.
SB 76 would create the West Virginia Second Chance for Employment Act, which would expand eligibility for criminal expungement to persons convicted of certain nonviolent felonies in order to help them obtain better employment opportunities.
The bill was previously reported out of Senate Economic Development with the recommendation that it do pass.
Senator Ryan Weld, R-Brooke, amended the bill to exempt those convicted of soliciting a minor for sexual acts and those convicted of conspiracy in murder, as well as another to disclose certain related expenditures.
Several members voiced their support for the bill’s passage in both the Senate and the House.
SB 538 would allow the Board of Parole to require parolees to engage in alcohol or antagonist drug opioid therapy as a special condition of parole when recommended by the Commissioner of Corrections.
Stacy Norwicki-Eldridge of the Division of Corrections said the division approved of the bill. She also answered questions for members of the committee related to how the division would carry out the provisions of the bill.
A third bill, SB 539 ,would make significant revisions to the law regulating election financing by modifying provisions relating to receipts and expenditures in elections, electioneering communications, reporting requirements and financial statements, among other modifications. After long discussion, the bill was held over for a future meeting.
House Bill 2002 was discussed today in a public hearing. People from around the state addressed the committee with their personal stories, opinions, and facts about parental notification in regards to a minor seeking abortion.
Those who supported HB 2002 believe that stronger notification laws would help communications between minor and parent, help discover cases of sexual assault and abuse, and protect young women.
Those who oppose HB 2002 believe that the current law is strong enough and any stronger law is unnecessary. They believe that if passed, this bill would put young women at risk of getting “backdoor” abortions, an illegal and unsafe abortion which could lead to complications or death for the young woman. They also pointed out that only four minors had notification waivers in 2015 and 92 percent of West Virginia teens notify themselves about having abortions.
HB 2002 would strength laws requiring parental notification of abortions on minors, who are not emancipated. The bill was referred to a subcommittee.
HB 2850 would limit the product liability action against the seller to the manufacturer of the product. This is to protect the “mom and pop” shops from being liable for product issues and holds the manufacturer accountable for the issue. This would include car dealers; the car manufacturer would be held accountable, but a dealer may not be. Committee Substitute was approved and will be reported to the full house.
HB 2966 would create the West Virginia Sentencing Commission. The members would serve without compensation. The members would consist of: two delegates appointed by the Speaker of the House, two senators appointed by the President of the Senate, five current or retired circuit judges, magistrates, or municipal judges appointed by the Governor, two West Virginia citizens appointed by the Governor, the Chief Justice of the West Virginia Supreme Court of Appeals, one county prosecutor and one public defender appointed by the Governor.
Delegate Byrd (D-Kanawha) amended the bill to focus on drug recovery as well as sentencing due to the addiction problem in the state. Delegate Fleischauer (D-Monongalia) amended the bill to state the attorneys would be selected by the President of the West Virginia Bar Association. Delegate Pushkin (D-Kanawha) amended the bill to state that the West Virginia Association of Alcoholism and Drug Abuse Counselors President would appoint two members to serve on the commission. All amendments were adopted. The bill was approved and will be reported to the floor.
HB 2520 would prohibit minors (those under the age of 18) from using tanning devices. The bill was approved by the committee and will be reported to the full House.
HB 2679 would permit the carrying of a concealed, uncased firearm within state parks and park facilities for self-defense; county park commissions cannot prohibit it in state parks. This does not apply to recreational areas of the park. For example, you cannot have the firearm in the pool area, but you can have it in the park area. The bill will be reported to the full house with the recommendation that it do pass.
HB 3018 would add correctional employees to the list of persons against whom an assault is a felony. The bill also states that an incarcerated person commits a crime against a correctional employee will serve consecutive sentences. The bill will be reported to the floor with recommendation that it do pass.
The House Finance Committee met today and reported five bills to the House floor.
House Bill 2734 would authorize a method for the collection and remittance of property taxes related to dealers’ heavy equipment inventory. The bill was reported to the floor with the recommendation that it pass.
House Bill 2709 would authorize the City of South Charleston to levy a special district excise tax. The bill was reported to the floor with the recommendation that it pass.
House Bill 2805 would find and declare certain claims against the state and its agencies to be moral obligations of the state. Most of the claims have been against the division of highways regarding potholes. The bill was reported to the floor of the House with the recommendation that it pass.
Delegate Rowe (D-Kanawha) said this is a well-run agency and he supports the bill.
House Bill 2871 would eliminate the mandated employer versus employee cost share of eighty percent employer, twenty percent employee for Public Employee Insurance Agency.
Ted Chitum, said the board can’t change this without the approval of the legislature and if they don’t change it, they have to lower employee benefits. This will especially help the board when they aren’t fully funded as it is a purely optional provision instead of the current mandated one.
The bill was reported to the floor with the recommendation that it pass.
House Bill 2366 relates to selling the Jackie Withrow Hospital. The bill was amended and was reported to the floor with the recommendation that it pass.
The Senate Banking and Insurance Committee has approved three bills to be reported to the floor with the recommendation that they pass.
SB 507 would allow pharmacists to inform customers about lower cost alternatives to prescribed drugs.
Currently, patients can still opt for generic or cheaper alternatives, but there is no law in place with a provision that would protect pharmacists’ capability to suggest those alternatives.
Richard Stevens, executive director of the West Virginia Pharmacists Association, said some pharmacists are prohibited by certain PBM contracts from disclosing more affordable product options.
Stevens said most pharmacists in the state have told him they support the bill’s passage.
HB 2619 would adopt the National Association of Insurance Commissioners’ Risk Management and Own Risk Solvency Assessment Model Act for implementation by West Virginia insurers so that they are better equipped to assess their financial condition and remain solvent.
SB 601 would adjust limits on consumer loans in West Virginia for which certain finance charges may be imposed.
All three bills will be referred to Senate Judiciary once reported to the full Senate.
Today in the House of Delegates four bills were passed and nine bills were on 2nd reading.
SB 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.
HB 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.
HB 2898 would authorize the Joint Committee on Government and Finance to request and obtain criminal background information about prospective employees of the Legislature.
HB 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.
Bills on second reading include: HB 2402, HB 2471, HB 2637, HB 2738, HB 2767, HB 2797, HB 2798, HB 2828, and HB 3030.
Remarks by members was full of commentary from members.
Delegate Espinosa (R-Jefferson) compared the “dark days” the Legislature is seeing to WVU basketball in 2012-2013. He spoke about how they were victorious this season and if the legislature makes plans to fix the problems and carries them out, they too can be victorious.
Delegate Marcum (D-Mingo) stood to comment on the lack of jobs bills coming through the legislature. He said unemployment is still declining in the state. He stated that his King Coal Highway bill would create jobs. He said the bill “would set a path for Southern West Virginia to prosperity.”
Delegate Hamrick (R-Harrison) stood to point out West Virginia has 13 four-year institutions, a large number in comparison to the state’s population. He states that Virginia only has eight four-year institutions and California only has two four-year institutions, with multiple campuses. He said it’s something no one wants to think about, but the state might want to look into downsizing in the future.
Committee Meetings Today
Judiciary: 12:45 p.m. in 410M
Finance: 2 p.m. in 460M
Education: 2:30 p.m. in 434M
Gov. Org.: 3 p.m. in 215E
Committee Meetings Tomorrow
Judiciary Sub-Committee on 2930: 8 a.m. in 410M
Judiciary: 9 a.m. in 410M
Rules: 10:45 a.m. behind House Chamber
Health and Human Resources: 2 p.m. in 215E
Judiciary Sub-Committee on 2986: 4 p.m. in 410M
The House is adjourned until 11 a.m. tomorrow.
