Tuesday, September 23, 2025
Tuesday, September 23, 2025
Home Blog Page 205

Senate Education Committee Reports HB 2542

0

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

0

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

0

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

0

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

0

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

0

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.

The House Small Business and Economic Development Committee Reports HB 2591

0

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

0

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

0

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

0

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.