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Legislature Releases Budget Framework

House Floor Session

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March 13, 2017

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

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March 13, 2017

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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

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March 13, 2017

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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

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March 13, 2017

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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

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March 13, 2017

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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

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March 13, 2017

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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

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

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

Three Bills Move to Third Reading Today in the House

House Floor Session

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March 13, 2017

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The House of Delegates met today and moved three bills from second reading to third reading. These bills were HB 2007, HB 2119, and HB 2518.

House Bill 2007 would eliminate the courtesy patrol program.

House Bill 2119 would repeal the West Virginia Health Benefit Exchange Act.

House Bill 2518 would create a legislative rule to permit a pharmacist or pharmacy intern to administer certain immunizations. Delegate Folk (R-Berkeley) moved to allow himself and the chairs and vice chairs of the Health Committee and Government Organization Committee to amend the bill upon third reading. He explained the purpose of the amendment would be to clear up some of the language of the bill and give notice to parents of the potential risks of the HPV vaccine. The movement was adopted with a vote of 92-7 and the bill will be allowed to be amended upon third reading.

House Bill 2538 would relate to the licensure of physician assistants and was also on second reading, but was laid over for one day.

On first reading today was House Bill 2618 which would relate to body mass index.

Delegate Walters (R-Kanawha) had a remark regarding a bill he is introducing which would reduce the boards of education in the state.

Delegate Rowe (D-Kanawha) had a remark regarding an upcoming bill about Technical Colleges and the Promise Scholarship.

The following committees meet today:

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

Finance at 2:30 p.m. in 460M.

Judiciary at 2:30 p.m. in 410M.

Government Organization at 3 p.m. in 215E.

The following committees meet tomorrow:

Agriculture and Natural Resources at 9 a.m. in 215E.

Industry and Labor at 10 a.m. in 215E.

Rules at 10:45 a.m. outside of the House Chamber.

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

Bill to Repeal Income Tax Reported Out of Senate Tax Reform

Senate Committee

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March 13, 2017

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The Senate Select Committee on Tax Reform has approved a bill to repeal the personal income tax over the course of four years to be recommended to the floor with the recommendation that it do pass.

The bill, SB 335, would replace income tax revenues with a general consumption tax that broadens the consumer sales tax by an additional two percent and gets rid of most sales tax exemptions.

Senator Craig Blair, R-Berkeley, proposed four changes to the bill as one amendment, which was accepted without further amendments by the committee.

The first change would increase the soft drink tax from 1 cent to 5 cents, to increase proceeds to the West Virginia University School of Medicine.

The second would raise the price markup of liquor to 36 percent from 28 percent to bring in nearly $13 million for the state, as opposed to the original $6.5 million.

The third would increase the price of beer barrels to $11 from $5.50 each.

The fourth would exempt social security from taxable income to decrease fiscal burdens on the senior citizen population of the state. Committee counsel suggested the fiscal impact to the state would be around $90 million.

These tax measures would be effective July 1, 2017.

Senator Robert Karnes, R-Upshur, Chair, said the amendment works with the bill’s intention to stay revenue-neutral.

“This stays roughly within that guideline,” Karnes said.

The bill will be referred to Senate Finance once reported to the full Senate.

Senate Completes Action on One Bill, Sends 11 to House

Senate Floor Session

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March 11, 2017

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The Senate completed legislative action on one bill and passed 11 others on for consideration in the House of Delegates during a floor session Saturday morning.

The completed bill, House Bill 2347, will allow schools licensed to provide cosmetology and related training to hold theory classes and clinical classes at different locations.

Much of the morning’s floor debate centered around Senate Bill 492, which if completed in the House, would eliminate the requirement of every circuit court in West Virginia to participate in the state’s drug court program. Proponents of the bill argued separation of powers, in that the legislative branch should not be able to dictate both funding and method of operation to the judicial branch. Opponents pointed out the success of drug courts around the state state and the need for each citizen to be treated equally and fairly under the law.

It was noted that in counties where successful drug courts are currently operating, they, in conjuction with the State Supreme Court, will be able to continue. The bill simply elliminates the requirement that all counties participate, and will remove the burden in county circuit courts where drug courts have not been successful. The bill passed and now moves on to the House for consideration.

House Bill 2099, also known as Erin’s Law, also advanced in the Senate. This bill defines the act of leaving the scene of a crash involving death or serious bodily injury as a felony. It passed with an amended title and now goes back to the House for concurrence.

The following committees will meet today:

Government Organization: 11 a.m. in 208W

Education: 11 a.m. in 451M

Natural Resources: Noon in 208W

Transportation and Infrastructure: 1:30 p.m. in 451M

Judiciary: 2 p.m. in 208W

Finance: 2 p.m. in 451M

Select Commitee on Tax Reform: Today at 3 p.m. and Monday at 9 a.m in 451M

The Senate will reconvene Monday, March 13th at 11:00 a.m.

Broadband Expansion Bill Approved in Senate Economic Development

Senate Committee

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March 10, 2017

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The Senate Economic Development Committee has approved a bill that would assist the expansion of broadband service to unserved areas of West Virginia.

The bill, SB 485, would do this by providing loan insurance for commercial loans used for the expansion of broadband service to unserved or underserved areas.

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

Aside from the bill’s lead sponsor, Senator Randy Smith, R-Tucker, the bill has 11 co-sponsors including Senators Sue Cline, Ryan Ferns, Kenny Mann, Mark Maynard, Richard Ojeda, Patricia Rucker, Dave Sypolt, Jeff Mullins, Ed Gaunch, Mike Maroney and Robert Plymale.