Blog – Page 205

The House Small Business and Economic Development Committee Reports HB 2591

House Committee

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March 9, 2017

The House Small Business Entrepreneurship and Economic Development Committee met today to discuss HB 2591.

House Bill 2591 would create a new article in the West Virginia Code. This article would create a tax credit for companies that have underneath 25 employees. The credit would be in the amount of $100,000 or under. The credit would be calculated by matching 50% of whatever the small business spends on advertising, marketing, and branding, up to the maximum amount. In order to be eligible, the business must also have its corporate headquarters in West Virginia. The bill would take effect after Dec. 31st, 2017 and is for any small businesses regardless of age. There is a fiscal note on the bill of $2,000 per year. A small business could also only take advantage of this tax credit for five consecutive years.

The bill was moved to be amended by Delegate Atkinson (R-Roane). The amendment would add some definitions and provisions into the bill. The amendment was adopted.

There was an amendment to the amendment by Delegate Marcum (D-Mingo) to double the tax credit on a post-mine site. The reasoning for the amendment is to take the land in the mining towns and revitalize it in order to diversify the economy. The amendment to the amendment was adopted after some deliberation.

The bill was reported to the floor with the recommendation that it do pass as amended but first be referred to the Committee on Finance.

Senate Judiciary Approves Bill Related to DUI Charges

Senate Committee

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March 8, 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 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.

Loren Allen, general counsel for the West Virginia Bankers Association, was available to answer questions for the committee.

Senator Robert Karnes (R – Upshur) proposed an amendment on the accumulation of funds that could cover 75% of suspended payments. The amendment was approved.

SB 212 would allow magistrates to make determinations concerning a driver’s license in accordance with certain procedures, and all within the context of the criminal action.

The bill was being considered again as a new committee substitute that makes important clarifications to processes outlined in the bill.

Patty Hamilton of the West Virginia Association of Counties said prosecutors, sheriffs and the Association of Counties do not support the bill, since they say the system works now as it is.

She said they believe the bill would move the process “backwards” toward times when the magistrate courts still handled those DUI issues instead of the DMV in the early 1980s.

Asst. General Counsel for the DMV, Adam Holley also opposed the bill and said the current license revocation system has caused a significant drop in the number of individuals who are killed by drunk driving from about 243 in 1982 and 63 in 2016.

Holley said about 10,000 licenses are revoked each year.

Senator Charles Clements (R – Wetzel) said he has often heard of issues with the timeliness of the process for revoking a license and convicting an individual.

Holley replied that long lengths of time in such cases are “not the norm,” unless a request for a hearing is involved.

The committee also considered SB 255 and SB 219 in the meeting.

Gov. Org. Send three bills to House floor

House Committee

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March 8, 2017

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The Committee on Government Organization met today and discussed HB 2773, HB 2518, and HB 2538.

HB 2773 would eliminate the requirement that state agencies purchase certain products from prison industries. This bill will be reported to the floor with the recommendation that it do pass, but first be referred to the Finance committee.

HB 2518 would give the Board of Pharmacy rule-making authority to permit a pharmacist or pharmacy intern to administer HPV vaccines for adults as well flu and HPV vaccines for children 12-15 with a prescription. The bill will be reported to the floor.

HB 2538 would remove the requirement that a physician have a certification from the National Commission on Certification of Physician Assistants. The bill will be reported to the floor.

Senate Finance Reports Four Bills

Senate Committee

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March 8, 2017

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The Senate Finance Committee reported four bills to the Senate floor.

Senate Bill 299 would supplement, amend, decrease and increase items of appropriations from the State Road Fund to the Department of Highways. The bill was reported to the floor with the recommendation that it pass.

Senate Bill 300 would relate to supplemental appropriation from unappropriated balance in the Treasury to the Division of Personnel. The bill was reported to the floor with the recommendation that it pass.

Senate Bill 301 would relate to a supplemental appropriation of federal funds from the Treasury to the State Board of Education for use to fund the School Lunch Program The bill was reported to the floor with the recommendation that it pass.

Senate Bill 305 would relate to supplemental appropriation of public moneys from the Treasury to the Fire Commission to fund their training and update and replace their radios. The bill was reported to the floor with the recommendation that it pass.

There was then a speaker from the West Virginia Consumer Advocate division, Jackie Roberts. She discussed the division’s budget.

The next speaker was from the Commission’s Fiscal Year, Mike Alberts. He discussed the commission’s budget.

Bill to Transfer Division of Forestry on Layover in Senate Agriculture

Senate Committee

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March 8, 2017

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The Senate Agriculture and Rural Development Committee has decided to postpone their decision on SB 183, which would transfer the Division of Forestry and its authorities, powers and duties from the Department of Commerce to the Department of Agriculture.

Crescent Gallagher, communications director for the Department of Agriculture, said the department “has been in preparation” for the change.

Division of Forestry worker Charlie Spencer said he is still concerned as to whether or not employees will be treated in the same way under a different department, especially due to the nature of forestry jobs.

Since many workers sometimes have to wake people up at night to ask about a nearby fire, among other issues, Spencer said he and his workers receive many complaints.

He said he worries about how those complaints will be handled or processed under new authority.

“We do things that most agencies do not,” Spencer said. “My biggest concern is not getting fired for doing my job.”

Members assured him that they believed his position would not be compromised due to a complaint, but they still agreed to look further into the provisions of the bill.

The committee also considered two other bills, SB 283 and SB 531.

SB 283 was assigned to a subcommittee consisting of Senators Patricia Rucker (R – Jefferson), Charles Clements (R – Wetzel) and Ronald Miller (D – Greenbrier) for review.

The bill would create The Food Production Act, which would make the Department of Agriculture responsible for all food production within the state.

It also has a double reference to the Senate Judiciary Committee once reported to the floor.

SB 531 would permit the annual renewal date for apiary certificates of registration to be June 30 beginning in 2018. It has a double reference to Senate Government Organization.

The committee voted in favor of amending the bill to change the renewal date to March 31, instead of June 30.

A committee substitute is being created with the amended change.

The bill has a double reference to the Senate Committee on Government Organization once reported to the floor.

Senate Pensions Committee Reports Bill on Municipal Pensions

Senate Committee

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March 8, 2017

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The Senate Pensions Committee met today to discuss SB 393.

Senate Bill 393 would relate to the administration of municipal pensions. The goal of the bill is to correct the errors that have been found in the Policeman’s Pension and Relief Fund.

Senator Plymale (D-Wayne) said he thinks this bill is very good and he is glad that they found the errors.

Senator Romano (D-Harrison) wondered that if no one would will tell them of an error then how will they know how to correct it. Senator Plymale assured him that there was a system in place that would keep that from happening.

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

House Veterans Affairs Approve Bill to help Military Spouses who teach

House Committee

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March 8, 2017

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The House Committee on Veterans Affairs and Homeland Security approved HB 2771.

HB 2771 permits the state superintendent to issue temporary certificates to out of state teachers who are the spouses of members of the Armed Forces who are on active duty stationed in the state. The license would be a one-year license, which would be renewable each year.

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

Bill Related to Medical Professional Liability Passes in Senate

Senate Floor Session

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March 8, 2017

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

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.

SB 280 would move the association of the Civil Air Patrol from the Aeronautics Commission and realign it under the Military Forces of the state because one of the Civil Air Patrol’s primary missions is the provision of emergency services, including aerial and ground search and rescue operations, homeland security operations and disaster relief operations.

SB 338 would amend the Medical Professional Liability Act by adding a definition for “occurrence,” providing for a preference of venue, establishing an attorney’s fees schedule based upon the amount recovered, establishing the effective date and providing for severability.

SB 358 would permit a timeshare managing entity to foreclose upon its statutory lien for assessments in the manner of sales under trust deeds. The bill further provides for the naming of a trustee by the managing entity to carry out the sale and require notice.

Members of the Senate also adopted SR 33, which designated today as Disability Advocacy Day at the Capitol.

Senate Bills 537-563 were introduced.

Senate Bills 173, 185, 206, 220 and 365 were advanced to a second reading.

Committee Meetings Today

Confirmations: immediately following session in 208W

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

Pensions: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Tomorrow

Finance: 9:30 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

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

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

Two Bills Complete Legislative Process

House Floor Session

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March 8, 2017

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Today, SB 176 and SB 188 were passed by the House of Delegates.

SB 176 repeals an outdated article of the code. It was recommended in the 2017 Regular Session of the Legislature by the Legislative Oversight Committee on Health and Human Resource Accountability.

SB 188 corrects the definition of telehealth in the medication assisted treatment portion of the code.

Committee Meetings Today

Veterans Affairs and Homeland Security: 1 p.m. in 434M

Judiciary: 1:30 p.m. in 410M

Finance: 2 p.m. in 460M

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

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

Committee Meetings Tomorrow

Small Business, Entrepreneurship, and Economic Development: 9 a.m. in 434M

Banking and Insurance: 10 a.m. in 215E

Senior Issues: 1 p.m. in 215E

Energy: 2 p.m. in 410M

Health and Human Resources: 2 p.m. in 215E

Committee Meetings Friday

Judiciary Public Hearing on HB 2522 at 8:30 a.m. in House Chamber

Judiciary: 9 a.m. in 410

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

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

Bill to Regulate Local Minimum Wage Approved in Senate Workforce

Senate Committee

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March 8, 2017

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The Senate Workforce Committee has approved a bill that would prohibit political subdivisions from making local ordinances that regulate the benefits employers provide to their employees.

The bill, SB 399, would be known as the Employer Benefits Requirements Uniformity Act.

Senator Richard Ojeda (D – Logan) said he was concerned about the bill’s ability to prevent economically growing cities and towns from being able to raise minimum wage for their employees.

“This kind of seems to be tying the hands of local government,” Ojeda said.

President of the West Virginia Retailers Association, Bridget Lambert spoke against the bill and said it would be a burden on those who are trying to expand their businesses across different municipalities.

“This would be harmful to a lot of businesses,” Lambert said.

Senator Ron Stollings (D – Boone) made a motion to have the bill put on layover until a member of the Municipal League was available to speak to the bill.

The motion was rejected.

Senator Randy Smith (R – Tucker) said that it is clear that the provisions of the bill are “not a big issue” to the Municipal League, since they were not present at the meeting.

Stollings said he still believes the bill has possible implications that need to be discussed further, as no one has yet spoken in favor of the bill.

Senator Glenn Jeffries (D – Putnam) said the committee would be denying cities and local leaders from being able to address the bill by reporting it out of committee without giving them a chance to defend the needed “flexibility” of local wage rates.

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