Blog – Page 210

HB 2555 moved through House Labor and Industry

House Committee

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February 28, 2017

House Committee on Labor and Industry passed HB 2555 today. It also postponed HB 2009 indefinitely and laid HB 2546 over to the next meeting’s agenda.

HB 2555 removes the requirement that programs be jointly administered by labor and management trustees in order to qualify for tax credits for apprenticeship training construction trade. The bill will be reported to the floor with recommendation that it do pass, but first be referred to the Finance Committee.

HB 2546 would allow uniform costs to be deducted from an employee’s final paycheck if the uniform is not returned. Employer must notify employee of uniform cost, demand uniform be returned in one business day and if it’s not, then it may be removed from paycheck. This bill will be on the agenda for the next meeting.

House Ag. and Nat. Resource Committee move four bills and lay over one

House Committee

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February 28, 2017

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Today in the House Agriculture and Natural Resource Committee one agriculture bill was approved and another was laid over. Three natural resource bills were approved.

HB 2566 was laid over to the next meeting. This bill (also known as The WV Fresh Food Act) would require that state programs purchase a minimum of 20 percent of its fresh food from in-state fresh food producers. Many questions were raised regarding this act, such as how would it be monitored, would it be more expensive, and the big one: can our farmers produces that much food in-state? As the bill reads, each institution would be required to purchase 20 percent. Institutions include schools, universities, correction facilities, and others. The bill will be on the agenda of the next meeting.

HB 2453 would expand the list of persons the Commissioner of Agriculture many license to grow or cultivate industrial hemp. The bill requires a statewide and a nationwide background check. This bill will be reported to the floor, with recommendation that it do pass, but first be referred to the Committee on Judiciary.

HB 2641 would treat retired natural resource officers like all other law enforcement and exempt them from the state income tax. This bill will be reported to the floor, with recommendation that it do pass, but first be referred to the Committee on Finance.

HB 2662 would prohibit the wanton waste of game animals, game birds, or game fish. The bill makes it illegal to waste game that has been wounded, killed, or taken while hunting or fishing. Hunting/fishing license could be suspended for five years; could also be fined or jailed. This bill will be reported to the floor, with recommendation that it do pass, but first be referred to the Committee on Judiciary.

HB 2663 would increase the compensation for natural resource officers. This bill will be reported to the floor, with recommendation that it do pass, but first be referred to the Committee on Finance.

House Bill 2356 Reported From House Political Subdivisions Committee

House Committee

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February 28, 2017

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The House Political Subdivisions Committee met today to discuss HB 2356.

House Bill 2356 would make it so that if a municipal planning commission proposed to demolish or construct projects within a historic district designated by listing on the National Register of Historic Places, it must secure the approval of the historic landmark commission, if one exists.

The bill was amended by Delegate Blair (R-Berkeley) so that if there are city or county historical landmark commissions, then one must get their approval as well before any work can be done on the site.

The bill was referred to the committee on Government Organization with a recommendation that it pass.

Adjusted School Eligibility Ages Approved in Senate Education

Senate Committee

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February 28, 2017

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The Senate Education Committee has approved a bill that would adjust the date upon which children become eligible for certain school programs and school attendance.

The bill, SB 186, would change the kindergarten age attainment requirement from age five prior to September 1, to age five prior to July 1; the early childhood education program age attainment date requirement from age four prior to September 1, to age four prior to July 1; and the age for which compulsory attendance begins to those who attain age six by July 1, of each year.

The committee substitute would enact the age requirements starting with the 2019-2020 school year.

Senator John Unger (D-Berkeley) said he was thankful to the chairman for putting the bill on the agenda, since he has seen how the age gaps in enrolling children into school have been an “ongoing problem” for many parents in the state.

No fiscal note was provided with the bill, as counsel believed there would not be much of a financial effect past the first few years of enaction.

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

House Passes Bill Increasing Penalties For Meth Manufacturing Around Children

House Floor Session

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February 28, 2017

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Today, in the House of Delegates, five bills passed, including one which seeks to strengthen penalties on people who allow children to be around methamphetamine manufacturing.

Committee Substitute for HB 2083 would increase the felony criminal penalties for exposing children to methamphetamine manufacturing. The current penalty is one to five years. This bill increases the penalty to two to 10 years. The bill also gives meaning to “seriously bodily injury” sustained in location of the manufacturing.

HB 2123 makes the West Virginia Schools for the Deaf and Blind eligible to participate in any and all funding administered or distributed by the West Virginia School Building Authority.

Committee Substitute for HB 2486 prohibits the restrictions that are inconsistent with any applicable policy of insurance or the performance of insurance functions with respect to the receipt or use of medical records that are obtained by insurers in connection with insurance claims and civil litigation.

Committee Substitute for HB 2542 gives institutions of higher education more authority in human resources and personnel. The bill defines classified and nonclassified employees and removes mandating a temporary salary.

Committee Substitute for HB 2585 creates two criminal offenses relating to money laundering. They are (1) laundering criminal proceeds through financial transaction and (2) the transportation, transmission, or transfer of criminal proceeds.

Committee Meetings Today

Political Subdivisions: 2 p.m. in 434M

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

Pension and Retirement: 4 p.m. in 434M

Select Committee on Prevention and Treatment: 4:30 p.m. in 215M

Committee Meetings Tomorrow

Finance: 9 a.m. and 2 p.m. in 460M

Judiciary: 9 a.m. in 410M

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

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

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

Monday, March 13th 9 a.m. Public Hearing on Justice’s Save the State in the House Chamber.

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

SNAP Work Requirement Bill Passes Senate Health

Senate Committee

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February 28, 2017

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The Senate Committee on Health and Human Resources has passed a bill that would provide for eligibility and fraud requirements for public assistance by requiring the Department of Health and Human Resources to implement work requirements for applicants for the Supplemental Nutrition Assistance Program (SNAP).

The bill, SB 60, would also require the creation of a database to more efficiently ensure SNAP recipients meet eligibility requirements.

Senator Ed Gaunch (R-Kanawha) is the lead sponsor for the bill and said he chose to create the bill in order to ensure that funds for SNAP benefits are administered to those who need them most, rather than being used in possibly fraudulent ways.

Gaunch said the work requirement would make it easier to process eligibility for SNAP and is already a part of federal law that West Virginia has waived.

Gaunch also mentioned that the work requirement is already required in nine counties as a pilot program, and the bill would simply apply the requirement to the rest of the state.

Dr. Bradley Wilson, an assistant professor of geography at West Virginia University, said there are a few issues with the bill, including the fact that the pilot program was carried out in nine counties with some of the lowest unemployment rates in the state.

Wilson said the program is not sufficient enough to keep in mind 29% of SNAP-dependent families who live in “food deserts,” where there is not adequate access to retailers who consistently provide the required products for those benefits.

He said there is barely enough access to food, let alone jobs, in those rural areas of the state.

DHHR Deputy Secretary Harold Clifton said there would be some leeway available in the requirement for those who would be unable to attend to a job.

Clifton said the DHHR would need some additional staffing in order to keep up with the demands that come with ensuring and tracking employment for SNAP recipients.

Senator Corey Palumbo (D-Kanawha) proposed an amendment that would waive the work requirement for counties with adequate employment and volunteer opportunities to fulfill the requirement.

The amendment was voted down 8-7.

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

Senate Passes Four Bills to the House

Senate Floor Session

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February 28, 2017

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The Senate met today and passed four bills on to the House. The bills were SB 125, SB 214, SB 321, and SB 426.

Senate Bill 125 would authorize the Department of Health and Human Resources to promulgate the legislative rules.

Senate Bill 214 would adopt the Uniform Electronic Legal Material Act.

Senate Bill 321 would report requirements of employee information to the CPRB.

Senate Bill 426 would repeal the DNR legislative rule on the litter control grant program as it is obsolete due to the DEP already doing that.

Bills on second reading were SB 4, SB 5, SB 9, SB 180, SB 225, SB 236, SB 261, SB 337, SB 245, SB 346, and SB 347. Senate Bill 4, Senate Bill 9, and Senate Bill 347 were amended.

Senate Bills 458-484 were introduced.

Senate Resolution 24 was adopted congratulating Chapmanville Lady Tigers Softball Team for winning the 2016 Class AA state championship.

Senate Resolution 25 was also adopted congratulating Jeffrey Statler as West Virginia’s Outstanding Tree Farmer for 2017.

The following committees meet today:

Finance at 3 p.m. in 451M.

Judiciary at 3 p.m. in 208W.

Education at 2 p.m. in 451M.

Government Organization at 2 p.m. in 208W.

Health and Human Resources at 1 p.m. in 451M.

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

Senate Transportation Passes Two Bills Related to Taxi Services

Senate Committee

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February 28, 2017

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The Senate Committee on Transportation and Infrastructure has approved two bills to be sent to the full Senate with the recommendation that they pass.

SB 263 would allow railroad companies to use different taxi services that are not regulated by the Public Service Commission in the state. It was created due to several complaints from railroad companies about the conditions of the taxi services they receive in the state.

Norfolk Southern Railway lobbyist Jason Wazelle said railroad workers simply want the option to seek better taxi services, rather than being confined by law to only one choice.

CEO of C&H Taxi Jeb Corey said railroad personnel could easily go through the PSC to ensure that services are kept up to standard, rather than removing a regulation that Corey said provides necessary jobs and taxi services to small communities.

Corey said adoption of the bill would force his and other taxi companies in the state to lay off many workers and outsource to other countries, due to a fall in profits that losing business with railroad companies would cause.

“It would be a dramatic blow to us,” Corey said. “I’m not sure change like this is even necessary.”

Wazelle said the dropped regulation would actually open the state up for new business that could operate and provide railroad workers with better services without having to go through the PSC.

Regional vice president of CSX Transportation Randy Cheetham said the other 22 states his company operates in do not have to go through such regulations, which have caused many issues and complaints from workers.

“When you’re the only gang in town, you can pretty much do what you want,” Cheetham said, “And we have to deal with it.”

Cheetham also said adoption of the bill would simply increase necessary competition and create a “level playing field” requiring state taxi companies to improve their services.

The bill would have no fiscal impact and would not exempt taxi services from still following safety regulations.

John Doyle spoke in oppostition to the bill on behalf of the West Virginia Transportation Association.

Public Service Commissioner Kara Williams was also present and said the PSC would not be taking a position on the bill.

Members then passed SB 343, which would prohibit transportation network company drivers from soliciting rides or occupying designated cab stands and require such drivers to register annually with the local county commission at the commission’s discretion or face possible criminal penalties.

Senator Robert Beach (D-Monongalia) is the lead sponsor for the bill and said he created it to help local taxi services operate on highly competitive days that attract services from out of state.

Beach specifically referenced how Uber drivers from Pittsburgh tend to take business away from taxi services in Morgantown on West Virginia University game days. He said he believes this bill will help to return business back to those local companies.

The bill will be referred to the Senate Committee on Government Organization and then to the Senate Judiciary Committee once reported to the floor.

Bill to Streamline DUI Charges Considered by Senate Judiciary

Senate Committee

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February 27, 2017

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The Senate Judiciary Committee is considering a bill for passage that would transfer decision-making to the courts instead of the Division of Motor Vehicles concerning license suspension and revocation in cases where an individual is charged with driving under the influence.

The bill, 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.

Committee counsel Jennifer Greenlief said the bill was created to “streamline the process by which DUI charges are handled,” by removing the burden of coordinating criminal and administrative proceedings for each case.

The DMV currently has a backlog of cases that Greenlief said could take 3-4 years to process due to continuances from schedule conflicts in cases.

Greenlief said the bill would “undoubtedly” save time in processing those cases.

The bill is identical to SB 534, which passed the Senate 24-10 last year and was sent by the House to be studied during the interim. No further action was taken with the bill after interim.

Prior to discussion of the bill, the committee approved SB 439 to be reported to the floor, which would clarify that because Salem Correctional Center lies in two counties, and the Courts of both Counties have expressed concern regarding venue, that venue shall lie in Harrison County for all actions.

Four Bill Move through House Gov. Org.

House Committee

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February 27, 2017

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Today, House Gov. Org met and discussed four bills. All will be reported to floor with recommendation that they do pass; two bill will be referred to House Finance.

HB 2343 would require the State Police lease rather than buy vehicles, if its cost effective. The cars would be “wrapped” in state police colors. Wraps are a temporary paint job and could possibly be done at a cost between $500-$1,000; much cheaper than an actual paint job.

“If the leasing was cheaper, State Police would have a new fleet,” Chairman Howell said. Because most leasing companies have vehicles no more than five years old.

This bill will be reported to the floor to be referred to the Finance Committee for farther consideration.

HB 2475 would require the Auditor and other state, county, district or municipal officers to certify to the Tax Commissioner the identity of payees prior to issuance of payments, and authorize the Tax Commissioner to identify those payees who are not in good standing with the Tax Department and to require the Auditor or issuing officer to forward to the Tax Commissioner the lesser of the amount of tax interest and penalty owed or the remaining amount of payment. This bill requires the Auditor or issuing officer or agent to notify the vendor or contractor of the amount being withheld and requires payment be withheld until the vendor or contractor is in good standing.

This does not apply to income tax; only other fees owed to the state.

State Auditor John McCuskey said, “We will not hire new people, because the current staff is capable. We will not increase the cost to the state.”

This bill will be reported to the floor to be referred to the Finance Committee.

HB 2502 would allow a licensed professional in another state to apply for licensure in West Virginia, if certain conditions are met. It would allow for the use of experience in work in another state to fulfill education requirements in certain occupations.

This bill will be reported to the floor.

HB 2630 would authorize the Board of Medicine and the Board of Osteopathic Medicine to share staff when it is efficient and practical to do so.

The bill will be reported to the floor.