Blog – Page 197

Bill Removing Financial Limitations on DOH Projects Approved in Senate Transportation

Senate Committee

admin

-

March 21, 2017

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.

House Finance Reports Race Track Modernization Fund Elimination Bill

House Committee

admin

-

March 21, 2017

0

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.

Senate Judiciary Lays Over Election Financing Reform Bill

Senate Committee

admin

-

March 21, 2017

0

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.

Parental Notification Bill sent to Sub-Committee

House Committee

admin

-

March 20, 2017

0

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.

House Finance Committee Reports Five Bills To Pass on the House Floor

House Committee

admin

-

March 20, 2017

0

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.

Senate Banking Approves Bill Related to Affordable Prescription Alternatives

Senate Committee

admin

-

March 20, 2017

0

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.

Bill Authorizing Emergency Personnel to Carry Firearms Passed in House

House Floor Session

admin

-

March 20, 2017

0

Today in the House of Delegates four bills were passed and nine bills were on 2^nd 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.

Bill Allowing Distilleries to Offer Liquor on Sundays Passes in Senate

Senate Floor Session

admin

-

March 20, 2017

0

The Senate has passed two bills that will be sent to the House for further consideration.

SB 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.

SB 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.

Members of the Senate also adopted SR 42 to designate today as International Pageant Day at the Capitol, and SR 43 to recognize Homer Hickam.

Senate Bills 670-684 were introduced.

Senate Bills 27, 36, 216, 219, 341, 468, 480, 547, 548 and 564 and House Bills 2300, 2447 and 2766 were advanced from second reading.

Of those bills, amendments were made to House Bills 2447 and 2766. Senator Charles Trump, R-Morgan, proposed a strike-and-insert amendment to make various changes to HB 2447 on behalf of the Judiciary Committee. Senator Mike Hall, R-Putnam, amended HB 2766 to strike out a single word in the bill.

Senator Corey Palumbo, D-Kanawha, proposed an amendment to SB 216 that would limit the amount of cars being sold without a warranty to only 25 percent of the dealership’s inventory. Palumbo said the bill would ensure citizens still have plenty of access to safer cars with warranties, but those in opposition felt that the restriction would be unnecessary and too difficult to monitor or enforce regardless. The amendment was rejected.

Committee Meetings Today

Banking and Insurance: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Tomorrow

Energy, Industry and Mining: 1 p.m. in 208W

Health and Human Resources: 1 p.m. in 451M

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Wednesday

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

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

Subcommittee on SB 335 Refers the Bill Back to the Committee on Finance

Senate Committee

admin

-

March 20, 2017

0

The subcommittee on Senate Bill 335, a bill that would create the 2017 Tax Reform Act, met today to discuss the proposed legislation.

Mr. Carl, a special advisor to the Select Committee on Tax Reform, spoke to the committee.

Encouraged by Senator Gaunch (R-Kanawha) to give the highlights, Mr. Carl said the six percent sales tax would be repealed and be replaced with an eight percent consumption tax. Groceries would be taxable under this bill but wouldn’t start until January 1st 2018. Construction services would only be taxable for the first $10,000. Existing exemptions that would be continued, are realtor commission, tuition, advertising, data processing, licensed daycare services, aircraft repair services, exempts charities, yard sales, textbook sales and more. Any excess money gained would go into the rainy day fund. And in the future half of the excess money would go into the rainy day fund. There are also Exemptions for all social security income from personal income tax and limit tax of military pay until the tax is phased out completely. The tax rates on the sale of beer, tobacco, and liquor would be increased along with e-cigarette products.

Senator Palumbo (D-Kanawha) said, “My concern is that this bill will shift the tax burden from higher income people to lower income people. Do we have any data that will show how this will affect them?”

Mr. Carl responded, that they didn’t have data in any formal way. However, he said regressiveness is only a concern when one is talking about putting a burden on those who can’t get their essential needs. The regressiveness of the bill will be mitigated by tax credits for lower income working class and retired folks to be sure they can get those.

Senator Plymale (D-Wayne), wanted to know what services will be taxed.

Mr. Carl said, “It would be easier to tell you which ones won’t be taxed.”

Senator Plymale said, “Coming from a border area, I have grave concerns. We have the Huntington Mall in Barboursville and we get a lot of people from Kentucky and Ohio who shop there. With this, have you looked at how these types of areas would be affected?”

Mr. Carl reassured the committee that convenience is a huge force for shoppers and if people are willing to travel all that way to shop, then they will most likely continue to do so despite the two percent increase in sales tax.

The bill was amended to change the decrease on coal severance tax from five percent to two percent from a two-year decrease to three-year increase.

Senator Palumbo stated his concern on the shift of the burden on the lower income households.

Senator Plymale said the bill is a far cry better than the introduced version. The exemptions are much better now but he shares the same concerns

Senator Blair (R-Berkeley) said he shares concerns but the bill is one of the most flexible pieces of legislation. If this passes or not, he is encouraged about the attitude of the legislators regarding the bill.

Senator Boso (R-Nicholas) said, “I recognize that there are issues that are legitimate but I am a man o faith. The legislation is still very flexible so that if we find something wrong with it down the road, we can tweak it a bit. We need to continue to look at it as it certainly isn’t perfect, but it is a step in the right direction and I encourage that we pass this on.”

The bill was referred to the Committee on Finance with the recommendation that it pass.

Senate Tax Reform Considers FASTR Amendment to Constitution

Senate Committee

admin

-

March 20, 2017

0

The Senate Select Committee on Tax Reform is considering a joint resolution that would enact a Fair and Simple Tax Reform (or FASTR) amendment to the state constitution.

The resolution, SJR 8, would enact measures such as repealing the personal property tax, providing limitations on the personal income tax, creating a state infrastructure and equalization fund, providing for block grants to local schools and governments for education and infrastructure and establishing several tax exemptions.

Two-thirds of the members of each house would have to approve the resolution for the constitution to be amended.

Chairman of the committee, Senator Robert Karnes, R-Upshur, said he had not intended for the resolution to be approved in the meeting and only wished to hear discussion on the bill first.

Since no members of the minority party were present at the meeting, Senator Craig Blair, R-Berkeley, Vice Chair, moved that the meeting adjourn to give minority members a chance to contribute to the discussion.