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Amended SB 344 is Reported by Senate Banking and Insurance Committee

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The Senate Banking and Insurance Committee met today and reported SB 344 to the Committee on Judiciary with a recommendation that it pass.

Senate Bill 344 would specify that payments made on consumer credit sales and loans must be applied in order that they are due, otherwise there are penalties.

Senator Romano (D-Harrison) suggested the bill penalizes those who are trying to pay their minimum payments by allowing the late fee penalties to carry over.

Mr. Loren Allen, a presenter representing the Banking Commission. said the bill is well within the rights and obligations of the signers of the contract and is designed to punish chronic late payers and not those who have missed one payment, or are trying to meet their minimum payments.

Senator Romano then presented an amendment that would only penalize with late fees for the months where payments were late in order to prevent stacking. This amendment was defeated.

Senator Facemire (D-Braxton) suggested an amendment that would exempt credit cards from the bill, due to their fluctuation of minimum payments. This amendment was adopted. 

Senate Bill 344 as amended was then sent to the Committee on Judiciary with the recommendation that it pass.

Trapping ID, Regional Trail Systems Bills Approved in Senate Natural Resources

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The Senate Committee on Natural Resources has approved two bills to be reported to the full Senate with the recommendation that they pass.

SB 410 would allow a West Virginia Division of Natural Resources identification tag to be used to identify a trap, instead of just the name and address of the trapper.

Committee counsel Noelle Starek said the bill arose from a “constituent issue,” in which a citizen believed the ID could serve as an equivalent to a name and address.

Some committee members rose concerns regarding the length of the process it could take to contact the DNR in order to retrieve a trapper’s address and name, in case of an emergency involving the trap.

Memembers were reasurred by DNR Colonel Jerry Jenkins that the process would not take very long, as the DNR also has an extension with 9-1-1 emergency services.

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

The bill is modeled after an orginial law pertaining to the Hatfield-McCoy Regional Recreation Authority.

Starek said supporters of the bill claim it will “boost economic development and tourism” by providing more unique trail systems throughout the state and Appalachian region.

Each recreation area would have to span at least 10,000 acres and be self-sustaining, aside from devoted funds from county commissions or federal trail and recreation grants.

The bill will be referred to the Senate Committe on Government Organization once reported to the floor.

Four Bill Pass on House Floor

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Today, four bills passed in the House, five bills were on second reading and two bills were on first reading. Bills passed were 2001, 2028, 2359, and 2479.

HB 2001 modifies the ethics and purchasing laws to provide more transparency in the government. 

HB 2028  allows a plaintiff or petitioner to file a claim or petition against the state, a state officer, or a state agency in the circuit court of a county in which the plaintiff or petitioner resides or in which a claim arose, as well as in the Circuit Court of Kanawha County. 

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

HB 2479  adopts and implement the provisions of the Uniform Deployed Parents Custody and Visitation Act in West Virginia. 

Committee Meetings Today

Roads and Transportation: 1: 30 p.m. in 215E

Judiciary: 2 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

Ag. and Nat. Resources: 9 a.m. in 215E

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

Political Subdivision: 1 p.m. in 434M

Select Committee on Prevention and Treatment: 3:30 p.m. in 215E

Pensions and Retirement: 4 p.m. in 460M

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

Six Bills Passed Today on Senate Floor

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The Senate met today and passed six bills to the House. The bills were SB 80, SB 164, SB 204, SB 231, SB 330, and SB 349.

Senate Bill 80 would equalize the criminal penalty for entering without breaking regardless of the time of day.

Senate Bill 164 would relate to traffic regulations and special load limits. This bill would make it more feasible for trucks to carry telephone poles and not need special permits to do so.

Senate Bill 204 would require persons appointed to fill vacancies by the Governor have the same qualifications for the vacated office.

Senate Bill 231 would relate to the State Board of Education and Medicaid-eligible children.

Senate Bill 330 would alter language in the West Virginia Workplace Freedom Act.

Senate Bill 349 would repeal outdated code relating to the division of corrections.

Bills on second reading were SB 9, SB 125, SB 214, SB 236, SB 321, and SB 426. SB 9 and SB 236 were laid over for one day and will stay on second reading.

Senate Resolution 22 was adopted which congratulated the Cabell Midland Golf Team on winning the 2016 Class AAA golf tournament.

Senate Resolution 23 was adopted which recognized Leadership Berkeley for its service, dedication, and commitment to Berkeley County.

Senate Bills 442-457 were introduced today.

Some senators had remarks today. Senator Mullins (R-Raleigh) said that he was disappointed in the Confirmations Committee and thy should stop trying to catch people up in “gotcha questions” but work in a bipartisan manner. Senator Trump (R-Morgan) defended Senate Bill 330. Senator Karnes (R-Upshur) said Nevada has switched from an income tax to a higher consumption tax and that they have grown much more than West Virginia has since they have done that. Senator Romano (D-Harrison) said the Senate should not be interjecting themselves into the third branch of government and Senate Bill 330 would do that.

The following committees meet today:

Finance at 3 p.m. in 451M.

Judiciary at 3 p.m. in 208W.

Banking and Insurance at 2 p.m. in 451M.

Natural Resources at 1 p.m. in 208W.

Tomorrow, Transportation and Infrastructure meets at 10 a.m. in 451M.

 

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

Five Bills Discussed in House Judiciary

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Today the Judiciary Committee met and discussed five bills.

HB 2329 would make it unlawful to product, manufacture, or possess fentanyl. This bill sets penalties for offenses.

HB 2367 would establish organized retail crime as a crime and establish penalties.

HB 2579 would increase the penalties for transportation of narcotics and certain controlled substances into the state.

HB 2526 would classify more drugs to Schedule I, II, IV, and V of controlled substances.

HB 2648 would increase the minimum sentence by three years for individuals convicted of manufacturing, delivering, or transporting controlled substances in the presence of a minor.

HB 2620 would create a central repository of drug overdose information in West Virginia. It establishes the program, purpose and a reporting system requirements. 

Senate Tax Reform Hears Presentations on Repealing Income Tax

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The Senate’s Select Committee on Tax Reform heard presentations from two major fiscal research organizations on a bill that would repeal the personal income tax in West Virginia.

The bill, SB 335, would also phase out the consumer sales and service tax and the use tax to create and enact a general consumption tax law.

Tax Foundation policy analyst Jared Walczak said the “very bold approach” of eliminating the income tax would increase productivity and migration into the state, as seen in other states that have enacted similar legislation.

“West Virginia has some disadvantages,” Walczak said. “The tax code needs to be more attractive.”

Walczak said a lower or nonexistent income tax in the state would make it much easier or more enticing for businesses to locate in the state, especially since West Virginia is closely located to several major cities including Pittsburgh, Columbus and Washington, D.C.

Executive director of the West Virginia Center on Budget and Policy, Ted Boettner, said the shift of revenue dependence onto a general consumption tax would most likely harm to low- and moderate-income families, while cutting costs for high-earning families.

Boettner said some low-income earners would have to pay up to $2,700 more in taxes each year if the bill were to pass.

Unlike the Tax Foundation’s findings, Boettner said his research showed that major cuts to income tax make “little difference” in stimulating state economies.

“I would make a strong argument that there wouldn’t be economic growth,” Boettner said.

Members of the committee are looking forward to developing the bill further to explore the possibilities it could present the state, as well as address issues the state would wish to avoid.

“It’s something big for this state,” Senator Glenn Jeffries (D-Putnam) said. “It’s huge.”

Nine states currently do not have an income tax. Many other states have lowered their income tax or are considering legislation to eliminate the tax.

The committee will examine the specifics of the committee substitute for the bill at the next meeting. The fiscal note will also be analyzed if available at that time.

Once approved by the comittee, the bill will be referred to the Senate Finance Committee.

Three Bills Pass the Senate Today

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Today the Senate passed three bills. Those bills were SB 41, SB 113, and SB 325.

Senate Bill 41 would extend the time a person may be subject to probation.

Senate Bill 113 would authorize the DEP to promulgate the legislative rules bundle in order to be consistent with federal standards.

Senate Bill 325 would relate to crossbow hunting.

Bills on Second reading were SB 9, SB 80, SB 164, SB 204, SB 231, SB 236, SB 330, and SB 349 with SB 9 and SB 236 being laid over one day.

Senate Bills 427-441 were introduced.

The following committees meet today:

The Select Committee on Tax Reform at 1:30 p.m. and 10 a.m. Monday in 451M.

 

The Senate is adjourned until Monday at 11 a.m.

Four Bills on Second Reading in House

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Committee Substitutes for HB 2001, HB 2028, HB 2359, and HB 2479 were read for the second time today.

HB 2001 would modify the ethics and purchasing laws to provide more transparency in government. 

HB 2028 would allow a plaintiff or petitioner to file a claim or petition against the state, a state officer, or state agency in the circuit court of a county in which the plaintiff or petitioner resides or which a claim arose as well as in the Circuit Court of Kanawha County. 

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

HB 2479 would adopt and implement the provisions of the Uniform Deployed Parents Custody and Visitation Act in West Virginia. 

Committee Meetings Today

Judiciary: Continuing at 12:15 p.m. in 410M

Committee Meetings Monday, Feb. 27th 

Judiciary Public Hearing on HB 2506 at 8:30 a.m. in the House Chamber

Roads and Transportation: 1 p.m. and 6 p.m. in 215E

Finance: 2 p.m. in 460M

Gov. Org.: 2 p.m. in 215E

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

 

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

In the House

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As of 4 p.m., Friday, February 24, 2017, the 17th day of the regular session of the 83rd Legislature, 707 bills have been introduced in the West Virginia House of Delegates. Of those bills, 14 have passed and have been sent to the Senate for further consideration. Among those 12 did so this week:

HB 2447 renames the Court of Claims as the state Claims Commission and renames the judge as commissioners. It provides the explicit powers for the removal of commissioners and authority to the Joint Committee on Government and Finance for the hiring of a clerk, chief deputy clerk, and deputy clerks. It also shortens the procedure for certain road condition claims.

HB 2404 keeps persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance. This would help to protect the elderly from not being victimized.

HB 2465 modifies the requirements that allow a child witness to testify by closed circuit television. It also defines what a closed circuit television is, defines someone who has an intellectual disability that causes the person to function under the age of sixteen as a “Child Witness,” and has other more specific definitions as well.

HB 2167 creates a Silver Alert program for senior citizens. It sets guidelines to be met before a Silver Alert can be activated. A Silver Alert would inform the public of a missing cognitively impaired person or a missing senior citizen.

HB 2300 regulates the use of step therapy protocols by providing a simple and quick process for exceptions to the protocols that the health care provider deems not in the best interests of the patient.

HB 2301 permits individuals to enter into agreements for direct primary care with an individual or other legal entity authorized to provide primary care services, outside of an insurance plan or outside of the Medicaid or Medicare program and pay for the care.

HB 2318 strengthens and establishes criminal offenses relating to human trafficking. It gives more specific definitions for much of the code that would cause those who violate the law I this way to be able to prosecuted to larger extent.

HB 2347 allows schools licensed to provide barber, cosmetology and related training to hold theory classes and clinical classes at different locations and prohibit schools from being established in salons, spas, and similar locations.

HB 2348 eliminates any requirement that class hours of students be consecutive when studying professions regulated by the board of Barbers and Cosmetologists.

HB 2431 allows influenza immunizations to be offered to patients and residents if specified facilities on a voluntary basis based upon recommendations of the Center for Disease Control.

HB 2303 increases the penalties for littering. Maximum amount of time and fine penalties would be able to be more than doubled. Up to 100 hours from 16 hours for the maximum penalties for community service and up to $2,500 maximum fine from $1,000.

HB 2319 requires legislators to disclose contributions and fund-raising events while the Legislature is in session. Information must be provided within 5 days of the event or receipt of contribution.

Additional House Bills

HB 2619 would adopt the National Association of Insurance Commissioners’ Risk Management and Own Risk Solvency Assessment Model Act for implementation by West Virginia insurers so that they are better equipped to assess their financial condition and remain solvent. If passed, this bill would take effect January 1, 2018. This bill will be reported to the floor with do recommendation that it do pass, but first be referred to the Judiciary Committee.

HB 2471 would require insurance coverage for breast cancer screening be provided by the Public Employees Insurance Agency, accident and sickness insurance providers, group accident and sickness insurance providers. If passed, this bill would take effect January 1, 2018. This bill is to help with the “next step” after an issue is found in a mammogram. It would help cover the ultra sound to discover the details of the issue. This bill will be reported to the floor with the recommendation that it do pass, but first be referred to Finance Committee.

HB 2460 would require telehealth services be treated the same as in person treatment. This bill will be reported to the floor with the recommendation that it do pass, but first be referred to the Committee on Health and Human Resources.

In the Senate

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As of 4 p.m., Friday, February 24, 2017, the 17th day of the regular session of the 83rd Legislature, 441 bills have been introduced in the West Virginia Senate. Of those bills, 16 have passed this week and have been sent to the House for further consideration. Among those:

Senate Bill 41 would extend the total number of years that a person may be subject to a period of probation to seven years from five.

Senate Bill 113 would authorize the Department of Environmental Protection to promulgate a legislative rule relating to Awarding of Matching Grants for Local Litter Control Programs.

Senate Bill 116 would authorize the Governor’s Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to Law-Enforcement Training and Certification Standards.

Senate Bill 134 would authorize the Division of Natural Resources to promulgate a legislative rule relating to the Point System for the Revocation of Hunting – Repeal.

Senate Bill 172 would eliminate the $12,000 salary for members of the West Virginia Water Development Board.

Senate Bill 182 would provide procedures to prevent the disqualification of low bids for government construction contracts due to documentation technicalities.

Senate Bill 188 would correct the definition of “telehealth” in the medication assisted treatment portion of the Code.

Senate Bill 202 would limit pawnbrokers from purchasing or receiving gift cards as a pawn.

Senate Bill 215 would give county commissions the authority to amend the proposed rates, fees, and charges, in its sole discretion, proposed by public service districts.

Senate Bill 222 would provide that an individual is disqualified for unemployment benefits for any week, or portion of a week, in which he or she left or lost his or her job as a result of a strike. The bill also clarifies that a lockout is not a strike.

Senate Bill 240 would create the crime of distribution of nude and sexually explicit images when the person depicted has an expectation of privacy.

Senate Bill 242 would require that the instructional term for students begin no earlier than August 10, and end no later than June 10, except for schools operating on a balanced calendar. The bill also increases number of two-hour blocks for faculty senate meetings from four to six and permits accrued minutes to be used for lost instructional days.

Senate Bill 247 would allow a prosecuting attorney to designate and deliver grand jury records to law-enforcement officers or investigators for investigative purposes.

Senate Bill 248 would clarify the composition and chairmanship of the Commission on Special Investigations, among other clarifications and establishments for the commission.

Senate Bill 249 would require additional information in an abstract of judgment, including the address, last four digits of the Social Security number, and the date of birth of the judgment debtor.

Senate Bill 325 would clarify licensing for the use of a crossbow during crossbow deer season.

Additional Senate Bills

Senate Bill 18 would require ACT and ACT Aspire to be used as the official comprehensive statewide student assessment.

Senate Bill 44 would allow West Virginia voters in presidential elections to express opposition to all candidates by voting for “none of these candidates.”

Senate Bill 51 would require health care providers and facilities to notify a patient when a mammogram indicates dense breast tissue.

Senate Bill 53 would allow adult adoptees and their lineal descendants to access adoption records regarding the biological parents and to repeal the voluntary adoption registry.

Senate Bill 74 would allow fire companies or fire departments to assess fees to reimburse the fire company or fire department responding to calls for assistance when: the property is not within a county having a fire levy or the property is assessed the county’s or municipality’s fire service fee and the fire service fee is not delinquent.

Senate Bill 77 would prohibit discrimination based upon age or sexual orientation with respect to employment, public accommodations and housing accommodations.

Senate Bill 166 would require protective fencing to be included in any new construction of an overpass, and to require commissioner to promulgate rules to effectuate section’s purposes.

Senate Bill 189 would establish that shared legal and physical custody of a child in cases of divorce is presumed to be in the best interests of the child.

Senate Bill 212 would transfer the administration of license suspension and revocation in cases where an individual is charged with driving under the influence to the courts, instead of the Division of Motor Vehicles.

Senate Bill 218 would place restrictions on the use of unmanned aircraft systems (drones), as well as provide criminal offenses and penalties for certain conduct while using a drone.

Senate Bill 245 would permit natural gas companies to enter private property without prior consent from the owner for the limited purposes of obtaining data to comply with regulatory requirements or to survey land for pipeline development. This bill also requires natural gas companies to request permission to inspect property and to provide owner notice of intent to enter property prior to entry.

Senate Bill 296 would strengthen and establish criminal offenses relating to human trafficking by creating felony offenses and penalties for using an individual in forced labor, debt bondage, and commercial sexual activity, among other provisions of the bill.

Senate Bill 312 would establish a four-year pilot program to have social workers in public schools, from prekindergarten through the elementary school, as well as require a minimum of one social worker per county.

Senate Bill 327 would provide for teaching certificates for teachers whose spouses are married to a member of the Armed Forces who is on active duty stationed in the state.

Senate Bill 341 would establish a tax credit for West Virginia small businesses located in low-income communities.

Senate Bill 342 would provide compensation to victims of abusive lawsuits and provide that a party in a civil action is entitled to recover attorney’s fees and costs after a court dismisses a claim as lacking any basis in law or fact.

Senate Bill 357 would waive the license for a hunting or fishing license or trapping permit for individuals who are currently serving as volunteer firefighters.

Senate Bill 359 would provide exemptions from mandatory immunizations for children, students and employees.

Senate Bill 386 would authorize the prescription and use of medicinal cannabis in West Virginia.

Senate Bill 397 would grant sovereign immunity to healthcare workers who provide free medical care to low-income citizens or provide Medicaid services to low-income families.