Blog – Page 202

House Committee on Industry and Labor Discusses Three Bills

House Committee

admin

-

March 14, 2017

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

admin

-

March 14, 2017

0

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

admin

-

March 14, 2017

0

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

admin

-

March 14, 2017

0

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.

Legislature Releases Budget Framework

House Floor Session

admin

-

March 13, 2017

0

Senate President Carmichael (R-Jackson) and House of Delegates Speaker Armstead (R-Kanawha) released their framework for the legislature’s budget bill today.

President Carmichael said the plan would be to spend no more that we have.

In their proposed framework there would be no tax increases and would limit the budget to $4.055 billion dollars as opposed to Governor Justice’s proposed $4.5-Billion-dollar spending limit.

President Carmichael said, “The people of West Virginia can’t afford to write that check. We must live within our means.”

Speaker Armstead said tax increases to boost the economy has been debunked and the legislature is committed to lessen spending.

President Carmichael then reiterated that he isn’t talking about cuts but rather sustaining what they already have. The framework that they are providing would contain government growth and reduce spending in that way.

President Carmichael said he would not support the governor’s proposed tax increases but he will support his tax reforms. One such reform would be the bill that would repeal the income tax and replace it with a consumption tax. This bill is currently in the Senate.

When questioned about how the cuts will effect agencies’ current operations President Carmichael said that any cuts will hurt how they currently operate. He wants to see them become more efficient and responsible with the funds they do have. He also said that he is willing to go into those off limits territories when it comes to cutting the budget.

Speaker Armstead said in regards to education, “When we talk about education cuts, we are not talking about cutting in to the classrooms. We are talking about cutting the education bureaucracy on a state level.”

When asked about the Governor’s reaction President Carmichael said, “James seems as though he will be cooperative and we as a legislature are willing to work with him. But all we can do is control our own behavior.”

President Carmichael commented on the state of budgeting practices and said, “We are announcing that we are planning on living within our means and its news.”

Although there is no proposed budget bill from the legislature yet, President Carmichael and Speaker Armstead are confident that the budget will be passed by day 60 of the legislature. They explained that the drafting of the actual budget bill won’t take long, it is knowing what they want in the bill that takes a while and since they are announcing the framework on day 34, the rest should fall in to place shortly.

Senate Banking and Insurance Approves Bill Related to Pharmacy Audit Procedures

Senate Committee

admin

-

March 13, 2017

0

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

SB 434 would update the West Virginia Guaranty Association Act.

Brian Helmick, legal counsel to the West Virginia Guaranty Association, addressed concerns from the committee.

Helmick said the Act has not been updated for the past 47 years since it first passed.

The bill will be referred to Senate Judiciary once reported to the floor.

SB 522 would define audit procedures between pharmacy benefits managers and pharmacies.

Matt Walker was available on behalf of the West Virginia Independent Pharmacy Association to answer questions.

Six bills Discussed by House Judiciary

House Committee

admin

-

March 13, 2017

0

Today the Judiciary Committee met. The following bills were discussed:

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.

HB 2811 would clarify the tanks discussed in this article have the capacity of 210 barrels or less, containing oil or brine water are not regulated in the article 22-30-3 of West Virginia Code.

HB 2845 would establish that the Division of Corrections is responsible for inmate’s housing costs beginning the day after the inmate’s conviction.

HB 2546 would allow uniform costs to be deducted from an employee’s final paycheck if the uniform is not returned.

HB 2676 would authorize the Director of Security and security officers who are employed by the Divisions of Culture and History to carry a firearm or concealed weapon upon the West Virginia Complex and state property for the security and protection of visitors and employees of the Division of Culture and History.

HB 2868 would clarify that presumed abandoned property in the form of amounts owed by an insurer on a life or endowment insurance policy or an annuity that has matured or terminated and obligations related which are guided by policies, requirements, and interpretations of the Insurance Commissioner.

Resolutions naming Bridges and Highways approved by House Roads and Transportation

House Committee

admin

-

March 13, 2017

0

The Committee on Roads and Transportation met today and discussed three bills and four resolutions.

HB 2415 would create a special motor vehicle collector license plate. The bill defines a collector motor vehicle and sets requirements to be met to qualify for the special license plates. will be reported to floor with the recommendation that they do pass, but first be referred to the finance committee.

HB 2831 would reconstitute the Driver’s Licensing Advisory Board to require that one member of the board to be a licensed neurologist in this state and to require the board to respond to requests of the commissioner when necessary in the discretion of the commissioner. This bill will be reported to floor with the recommendation that they do pass, but first be referred to the committee on government organization.

SB 164 would change the load limitation of a digger or derrick line truck from forty feet to forty-five feet in length and increase from six to nine feet the distance a load may extend beyond the foremost part of the truck. It also increases from nine to eleven feet the distance a load may extend beyond the rear of the body of the truck. This bill will be reported to floor with the recommendation that they do pass, but first be referred to the judiciary committee.

HCR 8 names a bridge in Mason County along Route 2 as the Dr. Roy and Marian Eshenaur Bridge.

HCR 35 names a bridge along interstate 77 and 64 near Cabin Creek Arnold Miller Memorial Bridge.

HCR 58 names a stretch of highway along Route 60 the William C. Campbell Memorial Highway.

HCR 46 names a bridge in McDowell County as the Blue Demon Bridge.

All resolutions will be reported to floor with the recommendation that they do pass, but first be referred to the rules committee.

Bill to Permit Bear Hunting Approved in Senate Natural Resources

Senate Committee

admin

-

March 13, 2017

0

The Senate Natural Resources Committee has approved two bills to be reported to the floor with the recommendation that they pass.

SB 380 would create a two-year pilot program permitting recreational vehicles on designated roads and trails in Cabwaylingo State Forest after purchase of special permits. The bill also provides for designation of campgrounds and tent sites to be used by the ATV and ORV users.

Senator Robert Beach, D-Monongalia, proposed an amendment to require the department handling the pilot program to report back to the committee at the end of the two years to determine the success of the program.

An amendment to Beach’s amendment was made to allow a legislative auditor to report on the program before the committee after the program concludes.

West Virginia State Parks Chief Sam England was available to answer questions from the committee.

Greg Cook, deputy state forester for the West Virginia Division of Forestry, was also provide the committee information.

The bill will be referred to Senate Government Organization once reported to the floor.

SB 472 would permit bear hunting with guides.

The bill would limit this ability only to areas currently undergoing elk management.

Senate Passes Bill to Eliminate Office of Administrative Hearings

Senate Floor Session

admin

-

March 13, 2017

0

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

SB 212 would remove the Division of Motor Vehicles from the administration of license suspension and revocation in cases where an individual is charged with driving under the influence. Broadly, the bill transfers all decision-making concerning the suspension, revocation and/or reinstatement of an individual’s driver’s license to the courts. The courts then make determinations concerning a driver’s license in accordance with certain procedures, and all within the context of the criminal action.

Senator Charles Trump, R-Morgan, said the bill would also essentially eliminate the Office of Administrative Hearings, since he said the Office has been “inefficient and unnecessary” in handling DMV cases.

Those against the bill suggested that its passage could create more DUI-related deaths and said many sheriffs and prosecutors who are often involved with those cases do not support the bill.

Trump argued the opposite, as those convicted of a DUI would be more quickly penalized and police officers would not have to stay off of the roads to sit in two hearings for the same case.

SB 299 would supplement, amend, decrease and increase items of appropriations from the State Road Fund to the Department of Highways.

SB 300 would supplement appropriations from unappropriated balance in the Treasury to the Division of Personnel.

SB 301 would supplement the appropriation of federal funds from the Treasury to the State Board of Education for the School Lunch Program.

SB 305 would supplement the appropriation of public moneys from the Treasury to the Fire Commission.

SB 344 would eliminate conflicting provisions within current code relating to the application of payments and the assessment of delinquency fees on consumer credit sales and consumer loans. The bill also permits a lender to hold a partial or nonconforming payment in suspense until such time as a full payment can be applied.

Senate Bills 586-596 were introduced.

Senate Bills 25, 256, 326, 364, 440 and 455 and House Bills 2167, 2542, 2590 and 2594 were advanced from second reading. Senate Bills 28 and 531 were requested to lie over for one day in second reading.

Of those bills advanced, SB 28 was amended by Senator Mark Maynard, R-Wayne, to remove certain restrictions from the bill and HB 2167 was amended by Senator Craig Blair, R-Berkeley, to make technical corrections to the bill.

Committee Meetings Today

Natural Resources: 1 p.m. in 208W

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

Judiciary: 3:30 p.m. in 208W

Finance: 3:30 p.m. in 451M

Committee Meetings Tomorrow

Transportation and Infrastructure: 10 a.m. in 451M

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

Committee Meetings Wednesday