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House Health Discusses 5 Bills; Lays over 2

House Committee

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March 14, 2017

Several bills were discussed after a public hearing was held in the House Health Committee meeting.

SB 347 would update the practice act for physician assistant. It substitutes “collaborating” for “supervising.” It would alter the make-up of the Board of Medicine to include a second physician assistants to prescribe schedule II and Schedule III drugs in certain circumstances. It eliminates the need for a recertification exam once the physician assistant is board certified. It allows physician assistants to be reimbursed at the same rate as physicians and advance practice registered nurses. This bill will be reported to the floor with recommendation that it do pass but first be referred to the Judiciary Committee.

SB 4 would allow certain licensed professionals to donate their time to the care of the indigent and the needy and to allow them to gain credit for their time against continuing education requirements needed to maintain their license. This bill will be reported to the floor with recommendation that it do pass but first be referred to the Judiciary Committee.

SB 198 would extend eligibility for loans to health care practitioners who practice in areas of the state which have a need for emergency medical providers. This bill will be reported to the floor with recommendation that it do pass but first be referred to the Finance Committee.

HB 2827 would update the provisions of the all payer claims database.

HB 2724 would rename the Herbert Henderson Office of Minority Affairs as the Herbert Henderson Office of Inclusion and would establish a community-based pilot project to promote public health through comprehensive community development in communities across West Virginia, and to support this project through the Herbert Henderson Office of Inclusion.

Two bills were laid over to the next meeting.

HB 2736 would authorize the selling of state-owned long-term care facilities by the Secretary of the Department of Health and Human Resources.

HB 2002 would modify the law requiring parental notification of abortions performed on emancipated minors.

Vaccine Exemptions Bill on Layover in Senate Education

Senate Committee

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March 14, 2017

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The Senate Education Committee has laid over a bill that would provide exemptions to mandatory immunizations.

The bill, SB 537, would allow exemptions for medical or religious purposes.

Dr. Sherri Young, state immunization officer for West Virginia, said there were 58 exemption requests made last year for medical purposes; 50% of which were permanently granted, 36.6% temporarily granted, 6.7% denied and 6.7% withdrawn.

Aside from West Virginia, Mississippi and California are the only other states that do not allow religious exemptions, and Young said the Department of Health and Human Resources feels the current statute works best for the state.

Overall, new students to private or public schools are required to have seven vaccines before entering school, which has resulted in West Virginia’s 97% immunization rate.

Senator Ron Stollings, D-Boone, said without those immunizations having been mandated, the state wouldn’t have nearly as many people protected from disease.

“It’s a fantastic thing in public health that we’ve been able to manage this vastly potent immune system,” Stollings said.

Young went on to mention that no scientific studies have shown that vaccines are linked to autism causes. She also stated that she did not know of any religious organizations that are against or exempt from vaccines currently.

Dr. Lisa Costello of the West Virginia Academy of Pediatricians said vaccines are the “crown achievements” of public health and should still be mandated for all students, with the exception of those with certain medical constraints.

“Vaccines are safe. Vaccines are effective. And vaccines work,” Costello said.

Costello verified that pediatricians and doctors do not recieve any financial incentives to advocate for immunizations. She also said vaccines themselves are “one of the most cost-effective public health methods ever introduced.”

Senator Robert Karnes, R-Upshur, said he understood that vaccines are effective, but he still believes citizens should be able to have a choice of whether or not their children will receive certain immunizations.

Stollings and Costello then explained how the immunization of children contributes to a “herding effect” that protects those children who are unable to be vaccinated but are especially vulnerable to the diseases mandated vaccines prevent.

Senator John Unger, D-Berkeley, said the bill would need to have some sort of definition for religious beliefs that qualify for the provisions of the bill.

Shanda Adkins of the West Virginians for Health Freedom grassroots organization spoke in support of the bills passage and said that she and many other West Virginians are concerned about what is actually being put in vaccines.

Adkins said that she personally had been poorly affected by the Hepatitis vaccine, which she said made her go blind in her left eye and caused her to eventually contract multiple sclerosis.

At this point, Senator Kenny Mann, R-Monroe, Chair decided to lay over due to meeting time constraints.

The committee will next meet 2 p.m. Thursday, March 16, in room 451M.

House Political Subdivisions Committee Discusses Six Bills

House Committee

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March 14, 2017

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The House Political Subdivisions Committee met today to discuss six bills.

House Bill 2434 was reported out of subcommittee. The bill would relate to reevaluation of land damaged as a result of natural disaster. The bill was then amended by the committee using the amendment from the subcommittee. The bill was referred to the Committee on Finance as amended with the recommendation that it pass.

House Bill 2515 was reported out of subcommittee as well. The bill would create the West Virginia Monument and Memorial Protection Act of 2017. The bill was amended by the committee using the amendment from the subcommittee. Delegate Foster (R-Putnam) amended the amendment to make sure that memorials could not be replaced, removed, or renamed without approval. The bill was referred to the Committee with the recommendation that it pass with a vote of 13-10.

House Bill 2209 would limit the authority of municipalities to regulate the purchasing, possessing, transferring, owning, carrying, transporting, selling, and storing of knives. This is similar to the code that currently bans regulations of firearms. The bill was referred to the Committee on the Judiciary with the recommendation that it do pass.

House Bill 2444 would require county commissions to maintain websites with specific information. The website doesn’t have to be of a great quality, it just has to have the information required by the bill. The bill was defeated in committee.

House Bill 2754 would relate to fire fees on nonresidents of a municipality. The bill was referred to the Committee on Finance with the recommendation that it pass.

House Bill 2654 would expand the county commissions’ ability to dispose of county or district property. The bill was amended by the committee. The bill was referred to the Committee on the Judiciary with the recommendation that it pass.

Senate Completes Legislation on Bill Related to Higher Education

Senate Floor Session

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March 14, 2017

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The Senate has completed legislation on three bills today.

HB 2542 will provide more flexibility in human resources and personnel to institutions of higher education.

HB 2590 will update the meaning of “federal taxable income” and certain other terms used in the West Virginia Corporation Net Income Tax Act by bringing them into conformity with their meaning for Internal Revenue Code’s definitions. This bill is effective from passage.

HB 2594 will update the meaning of “federal adjusted gross income” and certain other terms used in the West Virginia Personal Income Tax Act. This bill is effective from passage.

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

SB 25 would establish a credit against personal and corporate income taxes for farmers who donate edible agricultural products to food banks and other nonprofit food programs serving needy persons.

SB 256 would prohibit school personnel who have engaged in sexual misconduct with students or minors from being assisted to find new employment without having that misconduct reported to the appropriate authorities and investigated.

SB 326 would require department of defense family advocacy groups to be notified about any abuse or neglect of a child of a military person.

SB 364 would incorporate changes made to the Streamlined Sales and Use Tax Agreement.

SB 440 would specify where the Regional Jail and Correctional Facility Authority may invest its excess funds.

SB 455 would remove archaic language regarding commitment orders and to require that the sentencing court complete a certified commitment order in the form provided in this section or in a similar form containing the same information. This bill also clarifies that the sentencing court is required to transmit the certified commitment order to the Commissioner of the Division of Corrections.

HB 2167 would add senior citizens to the Silver Alert program.

Members of the Senate also adopted SR 35 to congratulate Wirt High School’s wrestling team for winning the Class A state championship and SR 36 to designate today as West Virginia State University Day at the Capitol.

Senate Bills 597-604 were introduced.

Senate Bills 28, 187, 302, 303, 306, 454, 466 and 497 were advanced from second reading. Senate Bills 255 and 531 were requested to lie over one day in second reading.

Of those bills advanced, SB 28 was amended by Senators Ron Stollings, D-Boone, and Robert Karnes, R-Upshur, to create a pilot program for the trails by limiting the bill to two trails for the next five years to determine their success. Once this amendment passed, Stollings again amended the bill to change the law enforcement authority from deputy sheriffs under county jurisdiction to recreation officers who he said would be able to cross through counties and would be much more knowledgeable in maintaining the trails.

Committee Meetings Today

Energy, Industry and Mining: 1:30 p.m. in 208W

Health and Human Resources: 1:30 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

Transportation and Infrastructure: 4:30 p.m. (or once Judiciary and Finance have adjourned) in 208W

Committee Meetings Tomorrow

Economic Development: 1 p.m. in 208W

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

Pensions: 2 p.m. in 451M

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

Mining and Environmental Safety Bill Approved in Senate Energy

Senate Committee

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March 14, 2017

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The Senate Energy, Industry and Mining Committee has approved a bill concerning coal mining, coal mining safety and environmental protection.

The bill, SB 582, would address these issues through various measures, including the establishment of a Special Reclamation Water Trust Fund to protect water sources, the formation of a staff of mine rescue teams to assist in emergency situations and the creation of new mine inspection requirements to prevent possible dangers or hazards from bring harm to employees, employers and the surrounding population.

The bill was assigned to a subcommittee for further evaluation.

Senator Dave Sypolt, R-Preston, will serve as Chair of the committee, and Senators Chandler Swope, R-Mercer, and Glenn Jeffries, D-Putnam, will serve as members.

The bill will be referred to Finance once reported to the floor.

House Passes Elimination of Courtesy Patrol

House Floor Session

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March 14, 2017

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Today, the House of Delegates passed three bills and adopted six resolutions including a bill to eliminate the West Virginia Courtesy Patrol.

HB 2007 would eliminate the courtesy patrol and sends any of the remaining funds from the program to the State Road Fund.

HB 2119 would repeal the West Virginia Health Benefit Act.

HB 2518 would allow pharmacists or pharmacy interns to administer flu and HPV immunizations.

HCR 5 names a bridge in Grafton, Taylor County the U.S. Navy Rear Admiral Fredrick Burdett Warder Memorial Bridge.

HCR 6 names a portion of County Route 3/5 in Kanawha County the U.S. Army SPC 4 Thurman “Duwayne” Young Memorial Road.

HCR 13 names a bridge over Big Sandy Creek in Newton, Roane County the U.S. Army SSG Brian Curtis Rogers Memorial Bridge.

HCR 36 names a bridge along County Route 35 in Cabell County, locally known as the Green Valley Bridge as the U.S. Army PFC John Ira Pinkerman Memorial Bridge.

HCR 37 names a bridge over the CSX Railroad in Putnam County the U.S. Army SPC 4 William L. Amos Memorial Bridge.

HCR 60 names a bridge over County Route 33 in Marion County the William “Bill” R. VanGider Memorial Bridge.

Committee Meetings March 14:

Political Subdivisions: 1:30 p.m. in 434M

Health and Human Resources: Public Hearing for SB 347 at 2 p.m. in 215E; meeting following the hearing

Industry and Labor: 5:30 in 215E

Committee Meetings March 15:

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

Judiciary: 9 a.m. in 410M

Education: 9 a.m. in 434M

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

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

Ag. And Natural Resources: 5 p.m. in 215E

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

House Committee on Industry and Labor Discusses Three Bills

House Committee

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March 14, 2017

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The House Committee on Industry and Labor met today to discuss three bills. The bills were HB 2776, HB 2897, and HB 2857.

House Bill 2776 would create a special revenue funding source for the Division of Labor. This bill was laid over until later after some discussion regarding it.

House Bill 2897 would raise the amount required for competitive bidding of construction contracts by the state and its subdivisions. The bill would also entail that if an emergency is declared, then the bidding requirement can be exempted. The bill was amended by the committee. The bill was referred to the Committee on Government Organization with the recommendation that it pass as amended.

House Bill 2857 would create the West Virginia Safer Workplaces Act.

The committee is in recess until 5:30 p.m.

Senate Transportation Approves Bills Related to DOH and DMV

Senate Committee

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March 14, 2017

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The Senate Transportation and Infrastructure Committee has approved two bills to be reported to the floor with the recommendation that they pass.

SB 15 would eliminate the sunset on Division of Highways (DOH) public-private partnership agreements and, therefore, allow the division to enter into comprehensive agreements with developers after June 30, 2017—the current sunset date.

Mike Clowser, executive director of the Contractors Association of West Virginia, spoke in favor of the bill’s passage, saying that the bill would allow the division to “capitalize” on future infrastructure opportunities.

SB 477 would increase the State Road Fund by increasing Division of Motor Vehicle (DMV) administrative fees and motor fuel excise taxes, including titling, registration, driver licensing, identification card issuance and abstract fees. Every five years, the DMV fees will increase based on the U.S. Department of Labor Consumer Price Index.

This bill increases the flat rate component of the motor fuel excise tax from 20.5 cents to 30.5 cents per invoice gallon of motor fuel and upon each gallon equivalent of alternative fuel. The bill also increases the minimum average wholesale sales price of motor fuel from $2.34 to $3.04. All changes are effective July 1, 2017.

The fiscal note shows the bill would generate $34 million annually for the state.

Senator Robert Beach, D-Monongalia, spoke in support of the bill and said it had been until 2011 since the legislature has brought in as much funding for the DOH as this bill would bring.

Louie Southworth said on behalf of Go Mart gas stations that he was very concerned about raising the price of gas, since all bordering states except for Pennsylvania would have lower gas prices that could draw sales out of the state, particularly in border counties.

Senator Patricia Rucker, R-Jefferson, said she agrees with Southworth, since she lives nearly 2 miles away from Virginia and plans to get gas across the state border to save money for her family.

Clowser voiced his support for the bill and said “we have no choice with no funding coming in” but to raise gas prices in order to raise revenues for the state.

He listed several statistics to show how West Virginia’s funding for infrastructure has been steadily declining and how the state could save money by having citizens drive on roads that don’t damage their cars, as well as providing thousands of jobs to rebuild those roads.

Both bills approved in this committee meeting will be referred to Senate Finance once reported to the floor.

The committee will recess until 4 p.m. today, or after today’s Senate Finance Committee meeting adjourns.

Subcommittee on HB 2781 Discusses Voter IDs

House Committee

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March 14, 2017

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The Subcommittee on HB 2781 met today to discuss the proposed Voter ID bill.

House Bill 2781 would require a person desiring to vote to present documentation identifying the voter to one of the poll clerks. The valid IDs would include a West Virginia driver’s license, passport, employee ID card produced by the state or institutions of the state, and military ID card. Those failing to provide those forms of identification would be able to vote under a provisional ballot. Those living in a residential care home would be exempt along with those who have a religious objection to photography. The bill would also repeal the automatic voter registration program.

The subcommittee discussed the effectiveness of the provisional ballots today. Council said voters who go to the wrong precinct already fill out a provisional ballot, but under this new law, they can be told where their correct precinct is in order to fill out the correct ballot. When council was questioned about how many provisional ballots may be thrown out they said about 12 in 100. However, whether or not to count provisional ballots is up to the clerks of the county and all or none may also be counted. There is also a higher likelihood of a provisional ballot being thrown out if the person voted in the wrong precinct.

In the next committee meeting, they will be exploring how this bill could affect the Department of Motor Vehicles and the accessibility of photo IDs.

The subcommittee will meet again at 8 a.m. on Thursday, March 16, and hopes to have a recommendation at the end of that meeting.

Firearm carry in recreational areas approved by House Ag. and Nat. Resources

House Committee

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March 14, 2017

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The House Committee on Agriculture and Natural Resources met today and discussed four bills.

HB 2552 would increase the pet food registration fee and direct that the additional money to the West Virginia Spay and Neuter Fund. The money is paid by the manufacturer when it registers its product to the Department of Agriculture for quality testing. The bill increases the registration fee from $50 to $150 for products over 10lbs. The $50 would continue to cover the cost of testing and additional $100 would then be deposited into the Spay and Neuter Fund. The bill was approved by the committee and will be reported to the floor to be referred the Committee on Finance.

HB 2679 would prohibit county park commissions from prohibiting firearms in their facilities and to clarify that a firearm may be carried by a person for self-defense in state parks, state forests and state recreational areas managed by the Department of Natural Resources. The bill was approved by the committee and will be reported to the floor to be referred to the Committee on Judiciary. Although, request was made to waive the second reference.

SB 410 would permit the West Virginia Division of Natural Resources identification tag to be used to identify a trap. The bill was approved and will be reported to the floor to be referred to the Judiciary Committee.

HB 2949 would exempt specified Division of Natural Resources’ contracts for some replacement, repair, or design for repairs to facilities from review and approval requirements of the Division of Purchasing. The bill was approved by the committee and will be reported to the floor to be referred to the Committee on Government Organization.

HB 2821 WV Farm-to-Food Bank Tax Credit – This bill would establish a credit against personal and corporate income taxes for farmers who donate edible agricultural products to food banks and other nonprofit food programs serving needy persons. Must submit a tax credit review every two years. Language is almost identical to SB 25 which has passed the Senate Agriculture and Natural Resources Committee and the Senate Finance Committee. Recommended it do pass, but first referred to Finance.