Blog – Page 199

House Passes Bill to Eliminate the Courtesy Patrol

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March 17, 2017

House Passes Bill to Eliminate the Courtesy Patrol

House Bill 2007 moves on to the Senate

On Tuesday March 14, 2017, the West Virginia House of Delegates passed a bill that would eliminate the courtesy patrol.

House Bill 2007, if passed by the Senate and signed into law, would terminate the courtesy patrol program, abolish The Courtesy Patrol Fund and take any balances remaining in The Courtesy Patrol Fund and transfer them to the State Road Fund. This would also prohibit the Parkways Authority from operating a courtesy patrol program in connection with any of its projects.

The fiscal note on the bill reports that the elimination of the courtesy patrol would add over $4 million into the state budget. As West Virginia is in a budget crisis, some legislators are willing to make difficult cuts to save money but others are wondering if the cuts to the services and job losses are worth it.

When discussion on the bill broke out on the floor of the House, many different points were brought to the delegates’ attention.

Delegate Hamrick (R-Harrison), one of the bill’s sponsors, said that roadside assistance is available with most insurance plans. He also noted that instead of calling the courtesy patrol, one could call the assistance provider directly.

Delegate Kelly (R-Wood), mentioned that he and his wife had gotten a flat on Interstate 79 and the relief that they felt when they saw the white truck with yellow lights would be worth funding the program, for the rest of West Virginia to have access to that same relief.

Delegate E. Evans (D-McDowell), Minority Vice Chair of the House Committee on Roads and Transportation, warned the House not to pass the legislation.

“This is job killing legislation and will put 90 people in the unemployment line, 12 of those in McDowell county,” said Delegate Evans. “This bill particularly bothers me because in an Amber Alert situation, these are the primary guys out there on the road. You also want to know that someone will be there to help out yourself or a loved one if a vehicle breaks down. The elimination of this program would have State Police doing that and I want them out doing law enforcement.”

The bill’s lead sponsor, Delegate Gearhart (R-Mercer) said, “The bill gets rid of a service outside of the role of state government and it takes a $5-million-dollar line item and uses the funds to help the state roads.”

The bill passed the House with a vote of 58 yeas, 41 nays, and one absent and not voting.

The bill is making its way through the Senate and currently pending in the Senate Finance Committee.

House Committee on Government Organization Discusses Alcohol Beverage Control Bill

House Committee

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March 17, 2017

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The House Committee on Government Organization met today to discuss two bills.

House Bill 3013 would require an inspection or inspections of any building prior to purchase or major renovation by the state.

Delegate Hamrick (R-Harrison) moved to amend the bill by ensuring that the new buildings would receive adequate parking for the employees inside. Delegate Caputo (D-Marion) confirmed that there is a standard for the word adequate in the amendment.

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

House Bill 2820 would abolish the Alcohol Beverage Control Commission and would give its duties and powers to the state lottery commission. There was a strike and insert amendment that would give some more specifications to the bill. The ABC is already operating in the state lottery commission building.

Delegate Marcum (D-Mingo) asked about how the state lottery commission could enforce the laws that the ABC currently does. Council confirmed that the powers of the ABC would also transfer to the lottery commission.

Council also explained the state lottery commission will most likely hire many of the old ABC workers however the bill does not specify that.

One of the differences currently in the bill and how things are done now is the lottery commission has hours of operation where ABC does not.

The bill would also eliminate the liquor ware house that the ABC currently controls. This would turn over the distribution of liquor to join beer and wine in the private sector.

HB 2519 requires 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.

The bill was approved by the committee and will be reported to the floor.

HB 3000 creates a State Ombudsman, to investigate complaints against a state agency or spending unit of this state. It authorizes a toll free hot line for complaints, allows investigations and referrals, requires annual reports and includes penalties for obstruction.

The bill was passed by the committee, but will be reported to the floor with the recommendation that it do pass, but first be referred to the Committee on Judiciary.

Originating bill relating to transferring administration of the West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund to the Department of Health and Human Resources.

It will be reported to the floor, with the recommendation that it do pass, but first be referred to the Committee on Finance.

Bill to Permit “As Is” Car Sales Approved in Senate Judiciary

Senate Committee

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March 16, 2017

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

SB 548 would provide for the specific escheat of nearly $18 billion in United States savings bonds.

Local lawyer Philip Reale was available to explain the escheatment situation to the committee and answer questions from members.

SB 216 would prohibit the exclusion, modification or limitation of any warranty or remedy in the sale of used motor vehicles, specifically pertaining to the “as is” sale of motor vehicles.

Local lawyer David McMahon spoke against the bill and said “as is” sales trap low income individuals into buying unreliable and, sometimes, dangerous cars.

McMahon said he has been lobbying against such bills since 1987 to protect low income families who can’t afford to pay to fix defective “as is” cars that are specifically marketed to them.

Ruth Lemmon, president of the West Virginia Automobile and Truck Dealers Association, advocated for passage of the bill to allow dealers to sell significantly cheaper cars to those who need them.

Lemmon also cited the state’s loss of population and economic downturn as a reason for dealers to want to be able to sell more cars to more consumers, instead of having consumers seek cheaper options outside of the state.

“Our current law puts our dealers at an economic disadvantage,” Lemmon said.

Currently, all surrounding states permit the “as is” sale of motor vehicles, except for West Virginia.

The bill was amended and reported to the floor with the recommendation it do pass.

The committe also laid over a bill, SB 399, that would prohibit political subdivisions from enacting local ordinances regulating benefits employers provided to their employees.

Lisa Dooley, executive director of the West Virginia Municipal League, spoke in opposition to the bill and said the bill implements unecessary restrictions on cities to solve nonexistent problems.

Dooley said the bill could further threaten businesses’ interest in coming into West Virginia cities, hindering much needed economic development.

Patty Hamilton, executive director of the West Virginia Association of Counties, also spoke against the bill’s passage, since she said it could harm effective policies for public projects that have long been in place and have been successful.

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

House Health and Human Resources Committee Refers Three Bills to Judiciary

House Committee

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March 16, 2017

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The House of Delegates’ Health and Human Resources Committee sent three bills to the respective double referenced committee today.

House Bill 3009 relates to access to the Office of Health Facility Licensure and Certification to the Controlled Substances Monitoring Program database. The office is a sub department of the Department of Health and Human Resources.

HB 3009 was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2498 would create a rebuttable presumption that development of certain cancers by professional or volunteer firefighters arose out of the course of employment. This would mean that a firefighter could come before a worker’s comp hearing with cancer and it would be presumed they got it from the job. There are exceptions regarding tobacco use and age however.

HB 2498 was referred to the Committee on the Judiciary with the recommendation that it pass.

House Bill 2002 relates to parental notification of abortions performed on unemancipated minors. The exception for graduates of high school has been removed along with a few others. At least 48 hours must go by after the notice being received by the parents. The waiver may be waived if a parent gives notice that they have been notified. The bill would have physicians be punished by the board of physicians if they didn’t take notice of the bill.

HB 2002 was referred to the Committee on the Judiciary with the recommendation that it pass.

House Energy approves bill to move the Division of Energy

House Committee

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March 16, 2017

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The House Energy Committee met today to discuss two bills.

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.

The bill was approved by the committee and will be reported to the floor, then go to the Judiciary Committee.

HB 3037 would remove the Division of Energy as an independent agency and re-designate the Division of Energy as the Office of Energy within the Development Office of the Department of Commerce, and designate the Secretary of Commerce, or his or her designee, as Chair of the West Virginia Public Energy Authority Board.

The bill will be reported to the floor with recommendation that it do pass, but first be referred to the Committee on Government Organization.

Bill to Adjust School Enrollment Dates Passes in Senate

Senate Floor Session

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March 16, 2017

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

SB 186 would adjust the date upon which children become eligible for certain school programs and school attendance requirements to prior to July 1 from prior to September 1.

Senator John Unger, D-Berkeley, made a motion to have the bill referred to the Senate Rules Committee to determine the necessity of moving the date in comparison to the possible repercussions of not allowing children from troubled homes to enter the safer environment of school sooner. The motion was rejected.

SB 192 would exempt licensed surveyors from liability for defamation or slander of title when performing their professional duties, except in the case of malicious intent.

SB 413 would limit the number of alternate proposals in bidding for government construction projects and set forth procedures for consideration of alternate bids.

SB 471 would make the definition of wildlife consistent with the existing definition of wildlife contained in WV Code §20-1-2.

SB 474 would exempt the list of names, addresses and contact information for hunting license holders from public disclosure with certain exceptions.

SB 495 would create greater efficiency in the operation of the West Virginia State Athletic Commission and to provide it the flexibility to respond to the needs of the fight industry. The bill updates and clarifies the sections of the code related to licenses of contestants and provides for a yearly fee for amateur contestants.

SB 531 would permit the annual renewal date for apiary certificates of registration to be June 30 beginning in 2018.

SB 536 would authorize the tracking of wounded or injured deer or bear with leashed dogs.

SB 575 would limit nuisance actions against shooting ranges for noises. The bill prohibits ordinances regulating to shooting ranges that are more stringent than such ordinances in effect at the time a shooting range was constructed or planned.

Members of the Senate also adopted SR 38 to recognize Karen Donathan for winning the Award for Teaching Excellence in Computer Science and SR 39 to designate today as Innovation and Entrepreneurship Day at the Capitol.

Senate Bills 621-630 were introduced.

Senate Bills 255, 444 and 522 and House Bill 2678 were advanced from second reading. Senate Bills 443 and 524 were requested to lie over one day in second reading.

Of those bills advanced, Senator Corey Palumbo, D-Kanawha, proposed an amendment to SB 255 to change the provision stating that one appointed to a vacancy must be of the former legislator’s most recent party affiliation to instead require that an appointee be of the former legislator’s party affiliation when that legislator was elected to the position. Palumbo said, otherwise, the bill simply “invites corruption” into the legislature in the case that the law were to be abused. His amendment was rejected on a 19-14 vote.

Committee Meetings Today

Health and Human Resources: 1:45 p.m. in 451M

Judiciary: 2:45 p.m. in 208W

Finance: 2:45 p.m. in 451M

Government Organization: 3:30 p.m. (or after Judiciary adjourns) in 208W

Committee Meetings Tomorrow

Transportation and Infrastructure: 2:30 p.m. in 451M

*Education is expected to meet on Saturday at a time yet to be determined.

The Senate is adjourned until 11 a.m. tomorrow and will also convene at 9 a.m. Saturday, March 18.

Senate Health Approves Bill to Allow Telemedicine Prescriptions

Senate Floor Session

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March 16, 2017

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The Senate Health and Human Resources Committee has approved four bills to be reported to the full Senate with the recommendation that they pass.

SB 27 would permit certain microprocessed foods to be sold at farmers markets.

Rachel Kaufman of the West Virginia Health Department said the department has concerns about the sanitation of allowing people to make food in their own kitchens rather than in a separate inspection-certified area.

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

HB 2509 would permit a physician to prescribe certain controlled substances when using telemedicine technologies.

Mark Spangler of the West Virginia Board of Medicine was available to answer questions from the committee.

Committee counsel made an amendment to correct an issue in the bill.

The bill will be referred to Senate Judiciary once reported.

SB 36 would allow school nurses to possess and administer opioid antagonists at school.

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

George Manahan of the Charles Parkinson’s Support Group voiced his support for the bill.

This and the previous bill contain no second references.

House Concurs with Senate on Human Trafficking Bill; Completes Legislation

House Floor Session

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March 16, 2017

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Today was a busy day in the House of Delegates.

The House concurred with the Senate amendments to HB 2318, relating to human trafficking. The bill completes legislation and goes to the Governor for his consideration.

The House did not concur with the Senate’s amendments to HB 2099, Erin’s Law, because they believed the amendments did not go with the intent of the bill. The bill was sent back to the Senate.

The House also passed 13 bills.

SB 301 is a supplemental appropriation bill to supplement, amend, and increase items in the School Lunch Program account.

SB 330 repeals provisions relating to the statutory construction of the West Virginia Workplace Freedom Act.

HB 2373 would allows school bus drivers to administer the EpiPen when needed and makes them immune from liability unless there is gross negligence or willful misconduct.

HB 2427 would require agencies to provide updated employee information for the online state phone directory, and require that agencies update the information within thirty days of a change, or provide that information to the Office of Technology which shall update the online phone directory information within thirty days of receipt of information from an agency.

HB 2446 would require the executive branch agencies to maintain a website that contains certain information.

HB 2522 would allow the state to inter into an interstate licensure compact for registered nurses, practical nurses, and vocational nurses with 25 other states.

HB 2601 would provide a mechanism of correcting errors in payments to and from a municipal policemen’s or firemen’s pension fund and to provide a criminal offense for knowingly making a false statement in an attempt to defraud a municipal pension fund.

HB 2603 would allow municipal plans that are funded at 125% or more to stop paying certain costs while it is so funded.

HB 2631 would prevent dismissal of complaints that exceed time standards for disposition when the accused causes delay that results in the time overage.

HB 2649 would add additional violations of law, and removes exceptions for certain lesser included crimes, that could cause the forfeiture of a participant’s retirement plan.

HB 2683 would update the West Virginia Guaranty Association Act. The bill provisions concerning effect of paid claims, exhaustion of coverage, prevention of insolvencies and stay of proceedings.

HB 2792 would require the Library Commission to survey libraries in this state in order to provide a report to the Governor and the Legislature regarding the status of libraries and to propose a ten-year maintenance and construction plan based on the needs of libraries in this state.

HB 2796 would allow the guard to contract for specialized technical services with the federal government, its instrumentalities and agencies, any state, territory or the District of Columbia and its agencies and instrumentalities, municipalities, foreign governments, public bodies, private corporations, partnerships, associations and individuals for specialized technical services to support specific activities related to national security, homeland security and other military-related programs.

Committee Meeting Today

Senior Citizens Issues: 2:30 p.m. in 215E

Health and Human Resources: 3 p.m. in 215E

Energy: 3 p.m. in 410M

Committee Meetings Tomorrow

Judiciary: 8:30 a.m. on HB 3093 in the House Chamber

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

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

Finance: 9:30 a.m. and 2 p.m. in 460M

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

Roads and Transportation: 1 p.m. in 215E

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

Bill Related to Tax Rates on Certain Hospitals Passes in Senate Finance

Senate Committee

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March 16, 2017

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

SB 565 would authorize the City of South Charleston to levy a special district excise tax for the benefit of the South Charleston Park Place Economic Opportunity Development District.

Rick Atkinson, city manager of South Charleston, explained particular projects the city would plan to use the new tax revenues for.

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

Senator Robert Plymale, D-Wayne, proposed an amendment to have the legislative auditor report on the progress or regress of the bill’s purchasing provisions after 1 and 2 years of enactment.

SB 486 would change the rate of tax on eligible acute care hospitals for fiscal year 2018.

Joe Letnaunchyn, president and CEO of the West Virginia Hospital Association, spoke before the committee in support of the bill.

SB 547 would modify fees to be paid to the Secretary of State, making fees for Limited Liability Companies to be consistent with Corporations, adding a voluntary fee for businesses to expedite services to be provided by the Secretary of State, providing the Secretary of State may change fees by legislative rule, and removing statutory caps imposed on retaining funds of the office.

Steve Connolly, Deputy Secretary of State and Chief Legal Counsel, was available to answer questions from the committee.

The committee also laid over one bill that would eliminate taxation on annuity considerations collected and received by a life insurer.

The bill, SB 464, will be laid over for one day until the Treasurer’s Office can present on its provisions.

Senator Mike Hall, R-Putnam, Chair, appointed Senators Douglas Facemire, D-Braxton, Greg Boso, R-Nicholas, and Dave Sypolt, R-Preston, to a subcommittee that will report on a meeting with the Court of Claims.

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

PEIA Premium Bill Approved by House Banking and Insurance

House Committee

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March 16, 2017

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Two bills were discussed today in the House Banking and Insurance Committee.

HB 2851 would update the dee structure provision for broker-dealers, agents, investments advisers and certain securities offering and opinions and to increase the associated fund cap. The bill will now be sent to the floor with the recommendation that it do pass but first be referred to the committee on Finance.

HB 2871 would eliminate the mandatory 80% of the employer, 20% employee cost share on PEIA active employee premiums and to instead set 80% as the maximum employer share and 20% as the minimum employee share. The bill will be sent to the floor with the recommendation that it do pass but first be referred to the committee on Finance.