Blog – Page 204

House Passes Seven Bills Today

House Floor Session

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March 10, 2017

Today the House of Delegates passed seven bills today.

HB 2526 adds drugs to Schedules I, II, IV, and V of controlled substances.

HB 2554 would transfer the West Virginia Contractor Act from administration and regulation by the Division of Labor to regulation under the provisions of professions and occupations in chapter thirty of code.

HB 2571 would require the State Department of Education and the Schools for the Deaf and the Blind to jointly select language developmental milestonesfrom existing standardized norms for purposed of developing a resource for use by parents to monitor and track deaf or hard-of-hearing children’s expressive and receptive language acquisition and developmental stage towards English literacy.

HB 2675 designs the placement of nonpartisan judicial offices on the primary election ballot.

HB 2706 would authorize legislative rules for the Higher Education Policy Commission regarding the West Virginia Higher Education Grant Program, Providing Real Opportunities for Maximizing In-state Student Excellence (PROMISE), Research Trust Fund Program, and Annual Reauthorization of Degree-Granting Institutions and to authorize legislative rules for the Council for Community and Technical College Education regarding the Annual Reauthorization of Degree-Granting Institutions, and Business, Occupational and Trade Schools.

HB 2726 would authorize home incarceration officers to arrest participants for violating the terms and conditions of his or her supervision with or without a court order.

HB 2731 would clarify that only civil actions with controversial amounts exceeding $7,500 must be heard in circuit court, except in actions relating to real estate installment sales contracts or actions confined exclusively by the Constitution to some other tribunal.

Committee Meetings Today

Judiciary: 12:45 p.m. in 410M

Committee Meetings Monday

Judiciary: Public Hearing on 2811 at 8 a.m. in House Chamber; meeting to following in 410M

Finance: Public Hearing at 9 a.m. in House Chamber; meeting at 1 p.m. in 460M

Higher Education Sub Committee: 9:30 a.m. in 434M

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

Health and Human Resources: Public Hearing at on SB 347 at 2 p.m. in 215E

Education: 2:30 p.m. in 434M

Gov. Org.: 3 p.m. in 215E

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

House Government Organization Committee Refers Five Bills Out of Committee

House Committee

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March 10, 2017

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The House Government Organization Committee met today and referred five bills out of the committee.

House Bill 2446 would require state agencies to maintain a website with their contact information, frequently asked questions, office hours, rules that govern the agency, and other information. All of the agencies already have websites and this bill would only require this certain information to be on them and for it to be updated. There was no fiscal note included in the bill. For those agencies that wouldn’t comply, they would be audited.

Delegate Hamrick (R-Harrison) said he was in favor of the bill as some of the state agencies haven’t updated their websites since 2005.

The bill was reported to the House floor with the recommendation that it pass.

House Bill 2427 would require that the state phone directory be updated with correct contact information. The timeframe for updates would be within 30 days of an employment change. This bill was drafted due to the state phone directory not being updated and having people who had passed away on it and new employees not being updated.

Delegate Lynch (D-Webster) confirmed that only their office contact information would be included.

The bill was reported to the House floor with the recommendation that it pass.

House Bill 2767 would allow undeliverable mail by the Secretary of State to be able to be emailed to circuit clerks. This bill’s purpose is to speed up technical issues regarding lawsuits.

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

House Bill 2792 would require the Library Commission to do a survey of the libraries in the state and report back to Governor Justice and the Legislature regarding repairs and the status of the libraries, in order to make a plan of updating them. There was no fiscal not attached.

Delegate Caputo (D-Marion) amended the bill to allow the commission more time to do the survey. The amendment was adopted.

The bill was referred to the House floor with the recommendation that it pass.

House Bill 2344 would transfer the assets of the Library Commission relating to the Library Television Network to the Educational Broadcasting Authority. This bill would improve the product of the Library Television Network from standard definition videos, bad quality, and minimal views on the internet to what West Virginia Public Broadcasting can give them. After discussion about the employment of the employees currently working at the Library Television Network the bill was referred to the Committee on Finance with the recommendation that it pass.

“Bruch Bill” for Distilleries 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 authorize operators of a distillery or mini-distillery to offer for purchase and consumption liquor on the premises on Sundays beginning at 10:00 a.m.

Committee counsel Amanda Leslie said the bill, SB 290, is similar to the “Brunch Bill” passed last year.

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

The committee also began discussion of SB 485, which would assist the expansion of broadband service to unserved areas of West Virginia by providing loan insurance for commercial loans used for the expansion of broadband service to unserved or underserved areas.

Senator Mike Romano, D-Harrison, said he was concerned about the fact that no one would be able to ensure that money is being spent or used correctly.

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

The committee is recessed until after Judiciary finishes its 1:30 p.m. meeting in 208W.

Senate Judiciary Approves Bill to Address Sexual Misconduct of School Personnel

Senate Committee

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March 10, 2017

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The Senate Judiciary Committee has approved two bills to be reported to the full Senate

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.

The bill would bring those sections of the Code into compliance with the federal government.

Heather Hutchens, general counsel for the West Virginia Department of Education, was available to answer questions from the committee.

SB 454 would eliminate certain fees generated by suggestee executions and to further streamline the collection of state moneys received as a result of certain court transactions or court services through more efficient technology.

Committee counsel Jennifer Greenlief said the bill would essentially be “cutting out the middleman.”

The committee began discussion and amending of SB 255, which would reform the procedures for the appointment of county officials in the event of a vacancy.

Patty Hamilton of the West Virginia Association of Counties said she believed the bill “vastly improves the current process” of appointing county officials.

“It appears to be a better vacancy appointment law than what is on the books now,” Hamilton said.

Senator Mike Romano, D-Harrison, made a first amendment to restore authority to the governor to make appointments instead of presiding officers in the legislature. The amendment was adopted.

Senators Robert Karnes, R-Upshur, and Ronald Miller, D-Greenbrier, spoke in support of the amendment and said the current process has been working much better. Senator Ryan Weld, R-Mercer, opposed the bill, stating that allowing the executive office to choose those who fill legislative positions is questionable.

Romano made a second amendment that would require the governor to make the appointee of a vacancy be from the same party as the initial legislator was when elected. There was not enough time in the meeting to discuss or vote on the amendment.

Senate Bills 406, 497 and 207 were on the agenda but were not able to be addressed within the timeframe of the meeting.

The committee has recessed until 1:30 p.m.

Senate Education Committee Reports HB 2542

Senate Committee

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March 9, 2017

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The Senate Education Committee met today to discuss two bills.

House Bill 2542 would relate to public higher education personnel and was referred out of the committee with the recommendation that it pass.

Senate Bill 312 would establish a four-year pilot program to have social workers in public schools. The bill was referred as a Senate Concurrent Resolution to a Joint Interim Committee on Education in order to determine the intent and study the bill more thoroughly after a motion from the vice chair of the committee, Senator Karnes (R-Upshur).

Senate Gov. Org. Approves Bill to Add Senior Citizens to Silver Alert Program

Senate Committee

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March 9, 2017

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The Senate Government Organization Committee has approved four bills to be reported to the floor with the recommendation that they pass.

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

HB 2359 would align the criminal penalties of practicing osteopathic medicine with those of practicing allopathic medicine.

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

SB 28 would create a new system for three or more contiguous counties to create a regional recreation authority for off-highway vehicle trail riding and for other recreational purposes.

SB 268 would require county commissions to maintain websites with specific information and to provide website information to the Secretary of State.

Vivian Parsons, executive director of the West Virginia County Commissioners, spoke in opposition to the bill.

Parsons said several counties are unable to comply to the bill’s demands, since they might not have adequate access to wifi capabilities or other resources necessary to maintain a website.

Executive Director of the West Virginia Municipal League Lisa Dooley suggested some “cleanup” to make it easier for cities to comply with the bill.

Senator Corey Palumbo (D – Kanawha) made an amendment to meet Dooley’s request. The amendment was amended by Senator Ronald Miller (D – Greenbrier) to make an adjustment to certain dates in the amendment.

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

Bill to Modernize Certificate of Need Discussed in Senate Health

Senate Committee

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March 9, 2017

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

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.

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

SB 428 would provide the conditions under which a pharmacist may partially fill a prescription, and the limitations on subsequently filling the remaining portion of that prescription.

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

The committee also discussed HB 2459, which would clarify certain requirements of the certificate of need process.

The bill was up for discussion only.

Christopher Koopman of George Mason University’s Mercatus Center recommended to the committee that they repeal West Virginia’s certificate of need, rather than simply making small changes to the bill allowing it.

Koopman said his studies have shown that certificate of need has been unsuccessful in providing quality, low-cost care to citizens of this state and throughout the nation in other states that use certificate of need regulations.

“Across the board, CON [certificate of need] programs have failed,” Koopman said.

Koopman said his findings show that the restrictions of certificate of need have resulted in fewer rural hospitals, hospital beds and certain types of medical equipment and, thus, has increased total healthcare spending and causes citizens to seek care from neighboring states without strict certificate of need requirements.

He said West Virginia has the sixth most restrictive certificate of need guidelines in the country.

Post Audit Division Manager Adam Fridley said he agreed with Koopman and recommended the termination of the certificate of need program on behalf of the Auditor’s Office.

Sonia Chambers, chair of the West Virginia Health Care Authority, voiced her support for the bill and spoke against the complete termination of certificate of need provisions.

“There are strong feelings on both sides of this issue,” Chambers said, “But we would agree that it [certificate of need] is very important and has served a vital role in West Virginia.”

Chambers said the legislature has already done a good job of “modernizing” the certificate of need bill to save money and reduce some restrictions on health services.

Chambers also addressed the claims of increases in healthcare spending and said those costs are due to the nature of prevalent health issues in West Virginia, rather than due to certificate of need requirements.

Joe Letnaunchyn, president and CEO of the West Virginia Hospital Association, agreed with Chambers and said the best course of action would be to “make the CON more user friendly” instead of eliminating it entirely.

Letnauchyn also said the studies Koopman and Fridley based their research on were created in 2015 before the certificate of need bill had first been modernized, making their claims inaccurate.

Committee counsel said SB 31, SB 389 and SB 457 are pending before the committee and would impact certificate of need as well.

House Debates Medical Marijuana and Passes Three Bills

House Committee

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March 9, 2017

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Today in the House three bills passed and seven were on second reading. Bills that passed the House include HB 2503, HB 2540, and HB 2628.

HB 2503 would update the rulemaking authority of the Board of Osteopathic Medicine.

HB 2540 would permit a person to practice his or her profession for seven days for a charitable function.

HB 2628 would clarify and strengthen the duties and powers of the Board of Medicine and the Board of Medicine with regard to evidence of serious misconduct by licensees and applicants for license under their respective jurisdictions.

Of the seven on second reading, one was HB 2526, which would add drugs to the classifications of Schedules I, II, IV, and V of controlled substances. Delegates Fluharty (D-Ohio) and Sponaugle (D-Pendleton) attempted to amend the bill by adding that medical marijuana be moved from Schedule I to Schedule IV to allow doctors to prescribe it. After hours of debate from members on both sides for and against, the amendment failed 35-64.

Committee Meetings Today

Senior Citizen Issues: after session in 215E

Energy: 3 p.m. in 410M

Health and Human Resources: 3:30 p.m. in 215E

Banking and Insurance: 5 p.m. in 215E

Committee Meeting Tomorrow

Judiciary: 8:30 a.m. Pubic Hearing on HB 2522 in House Chamber; meeting to following 410M

Finance: 9 a.m. in 460M

Education: 9 a.m. in 434M; K-12 Sub-Committee to follow meeting

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

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

Senate Passes Bill to Create Felony Offenses for Drug Delivery

Senate Committee

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March 9, 2017

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

SB 185 would allow spending units to designate the fund which the proceeds from the sale of surplus property must be deposited when the fund that was used to purchase the property is no longer in existence.

SB 206 would expand the definition of kidnapping to including taking or gaining custody of, confining or concealing another person by force or threat of force or by duress, fraud, deceit misrepresentation or enticement.

SB 220 would create a new felony offense for a drug delivery that results in the death of another person and providing a felony criminal penalty.

SB 365 would maintain the solvency of the Unemployment Compensation Fund and extend the time period for borrowing funds from the Revenue Shortfall Reserve Fund for the Unemployment Compensation Fund to September 1, 2018.

Members of the Senate also adopted SR 34 to memorialize the life and accomplishments of Frank Cuomo, Jr.

Senate Bills 564-569 were introduced.

Senate Bills 173, 235, 259 and 473 were advanced to a second reading.

Of those bills, SB 173 was amended by Senator Ron Stollings, D-Boone, to eliminate a provision of the bill that enables those over the age of 18 to choose not to wear a helmet when using a motorcycle.

The Senate also approved two special orders of business to confirm the nomination of those candidates approved by the Senate Confirmations Committee to hold certain executive offices.

Committee Meetings Today

Health and Human Resources: 2:15 p.m. in 451M

Energy, Industry and Mining: 2:15 p.m. in 208W

Education: 3:15 p.m. in 451M

Government Organization: 3:15 p.m. in 208W

Judiciary: 4:15 p.m. in 208W

Education: 6:15 p.m. in 451M (if needed)

Committee Meetings Tomorrow

Judiciary: 9 a.m. in 208W

Finance: 9:30 a.m. in 451M

Economic Development: 10 a.m. in 208W

The Senate has announced it will convene Saturday at 9 a.m.

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

Farm-to-Food Bank Tax Credit Approved in Senate Finance

Senate Committee

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March 9, 2017

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

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

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

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.

Chad Morrison, executive director of the Mountaineer Food Bank, was available to answer questions from the committee.

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

HB 2590 would 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 and specify effective dates.

HB 2594 would update the meaning of federal adjusted gross income and certain other terms used in the West Virginia Personal Income Tax Act and specify effective dates.

Senate Finance will meet again later today at 3 p.m. in 451M.