Blog – Page 212

Legislature Tackles Bills to Combat Substance Abuse

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February 24, 2017

Legislature Tackles Bills to Combat Substance Abuse

House introduces legislation to increase penalties for drug users

West Virginia has suffered from a horrendous drug epidemic for years. The state has had the highest drug overdose death rate in the country for several years including 2016, according to the Centers for Disease Control and Prevention. The CDC says while other states have seen a drug problem, the Mountain State is by far the hardest hit.

The House has decided to tackle the issue by introducing several pieces of legislation this session and making a committee dedicated to the prevention and treatment of substance abuse.

House Bill 2083 was on first reading Feb. 24 and would increase the felony criminal penalties for exposing children to methamphetamine manufacturing.

Sen. Tom Takubo, R-Kanawha, said there is no direct solution to the drug epidemic, making it that much more difficult to fix.

“Until we can improve education and create jobs there truly is no fix” he said.

Takubo said until the economic climate and education are better, the environment in the state will continue to drive some of its people to turn to dire straits like drugs.

Takubo serves as the chair of the Health and Human Resources committee and has roles on Economic Development, Finance, Government Organization and Natural Resources.

Delegate Kayla Kessinger, R-Fayette, serves as the vice chair for the Select Committee on Prevention and Treatment of Substance Abuse where they are already tackling big legislation to combat the drug problem.

Kessinger said she is glad Leadership has decided that substance abuse is important enough to make a major committee and to be part of it.

The committee has already passed legislation increasing the penalties for drug abuse in the presence of children.

“We all know the drug problem is a serious problem and I’m proud to be serving on this committee,” she said. “It shows our dedication to it and erasing the problem in the state.”

Lawmakers have introduced several other bills dealing directly with the drug problem.

HB 2207 would authorize the State Tax Commissioner to issue business licenses for the purpose of selling drug paraphernalia, to void licenses issued prior to July 1, 2015 and to prohibit the sales on and after July 1, 2017.

HB 2457 would create the West Virginia Addictions Treatment and Recovery Fund.

Senate Government Organization Committee Reports Five Bills

Senate Committee

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February 23, 2017

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The Senate Government Organization Committee met today and reported five bills. The bills reported were SB 346, SB 180, SB 235, SB 221, and SB 190.

Senate Bill 346 would relate generally to jurisdiction of PSC over motor carriers. The bill was reported to the full Senate with recommendation that it pass.

Senate Bill 180 would relate to PSC jurisdiction over certain telephone company and internet services. The bill was reported to the full Senate with recommendation that it pass.

Senate Bill 235 would relate to motorcycle registration renewal. The bill was reported to the Committee on Finance with the recommendation that it pass.

Senate Bill 221 would relate to the composition of the PEIA Finance Board. It reduces the board from ten to eight members and also requires specific qualifications of those members. The bill was reported to the full Senate with recommendation that it pass.

Senate Bill 190 would eliminate bidders’ preference for in-state vendors on state contracts. The bill was reported to the full Senate with recommendation that it pass.

ACT Testing Bill Approved, Pilot Program Postponed in Senate Education

Senate Committee

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February 23, 2017

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The Senate Education Committee has approved a bill that would require ACT and ACT Aspire to be used as the official comprehensive statewide student assessment.

The bill, SB 18, was reviewed by a subcommittee with Senator Patricia Rucker (R-Jefferson) as the Chair and Robert Plymale (D-Wayne) and Charles Trump (R-Morgan) as memebers.

The subcommittee culminated a report to present to the committee on the bill. The amendments suggested in the report were approved.

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

The committee postponed decision on SB 251, which would create a three-year pilot program to establish school-based mental and behavioral health services for students and families as an alternative to standard disciplinary measures.

Dept. of Education Assisstant Director Justin Boggs said many schools have been requesting this kind of program to give students the attention they need, as well as keep kids out of juvenille centers.

The bill will be discussed in a future committee meeting.

House Banking and Insurance Discuss Five Bills Today

House Committee

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February 23, 2017

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House Banking and Insurance met today to discuss five bills and four move on to other committees; two will be discussed more in the next meeting.

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 refered to Finance Committee.

HB 2460 would require teleheath 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 refered to the Committee on Health and Human Resources.

Discussion on HB 2439 and HB 2672 will continue at the next meeting.

HB 2439 would prohibit civil or administration action for unfair claim settlement practices against individuals and to require that these actions may only be maintained against insurance companies. This bill was laid over to the next meeting.

HB 2672 would eliminate conflicting provisions within current code relating to the application of payment and the assessment of delinquency fees on consumer credit sales and consumer loans.

Senate Committee on Energy, Industry and Mining Reports SB 16

Senate Committee

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February 23, 2017

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The Senate Committee on Energy, Industry and Mining met today and reported SB 16 out of the committee.

Senate Bill 16 would repeal a section of code that would give tax exemptions to wind related power projects.

Brian Brown, a representative of Next Era Energy Resources said that the company he represents owns the Mountaineer Wind Energy Center that was built in 2002. He said that they were planning an expansion that would bring in property tax revenue. Removing the tax exemptions from wind projects would put the project in jeopardy.

The next presenter said that the tax breaks started in 2001. He elaborated that businesses come to West Virginia expecting these breaks and that it isn’t fair to repeal them once these projects are built. Senator Mullins (R-Raleigh) said that 14 years is a long time to be propped up by the state and that they shouldn’t expect them forever.

Senator Blair (R-Berkeley) said that other businesses don’t get these tax breaks and that it is unfair now that they are turning a profit.

Senator Facemire (D-Braxton) said that the amount that they no longer exempt is negotiable but they need the industry to work with the legislature.

Senate Bill 16 was then reported to the Senate Committee on Finance with the recommendation that it pass.

Senate Health Approves Two Bills, Postpones Bill on SNAP Requirments

Senate Committee

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February 23, 2017

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

SB 4 would allow certain licensed professionals to donate their time to the care of the indigent and the needy in this state for up to seven days at a time, despite the professional only being licensed in a different state.

The bill was passed by the legislature last year but was vetoed by former governor Earl Ray Tomblin due to a provision in the bill that would allow volunteering professionals to gain credit for their time against continuing education requirements needed to maintain their license.

The provision has been removed from this year’s bill by the committee’s counsel to encourage passage.

CEO of West Virginia Health Right Dr. Angie Settle spoke to the committee in support of the bill. She said the bill would allow practitioners from other states to be able to help West Virginia in states of emergency, particularly, such as during the flood crisis during the summer of 2016.

SB 347 would modernize the Physician Assistants Practice Act by altering the make-up of the Board of Medicine to include a second physician assistant, allowing physician assistants to prescribe Schedule II and Schedule III drugs in certain circumstances, elimininating the need for a recertification exam once the physician assistant is board certified and allowing physician assistants to be reimbursed at the same rate as physicians and advance practice registered nurses.

The committee also moved to postone their decision on the last bill under consideration, SB 60, until a future meeting date.

SB 60 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).

DHHR Deputy Secretary Jeremiah Samples addressed concerns from committee members about untintended consequences of the bill, such as how the bill would apply to counties suffering from an economic depression or how the bill relates to other federal services.

Samples said the bill was originally introduced to address high unemployment rates in the state.

Senate Bills 4 and 347 will be referred to Senate Judiciary once reported to the floor.

Bill to Rename Court of Claims passes in House

House Floor Session

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February 23, 2017

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Today in the House of Delegates three bills were passed. Committee Substitute of HB 2447 passed 66-34.

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.

Committee Substitutes of HB 2404 and HB 2465 also passed unanimously today.

HB 2404 keeps persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance.

HB 2465 modifies the requirements that allow a child witness to testify by closed circuit television.

Committee Meetings Today

Banking and Insurance: 1 p.m. in 410M

Senior Citizen Issues: 1 p.m. in 215E

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

Energy: 2 p.m. in 410M

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

Committee Meetings Tomorrow

Finance: 9 a.m. in 460M

Judiciary: 9 a.m. in 410M

Education: 9 a.m. in 434M

On Monday at 8:30 a.m. in the House Chamber, there will be Public Hearing of the Judiciary Committee on HB 2506- Relating to the implementation of water quality standards for the protection of drinking water.

The House is adjourned until 11 a.m.

Senate Passes Senate Bills 182 and 240

Senate Floor Session

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February 23, 2017

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The Senate met today to pass two bills today. The bills were SB 182 and SB 240. Upon passage they were sent to the House.

Senate Bill 182 would provide procedures that would prevent disqualifying low bids for government construction contracts due to document technicalities.

Senate Bill 240 would create the crime of nonconsensual distribution of sexual images.

Bills on second reading that advanced to third reading today were SB 41, SB 113, and SB 325. SB 330 was laid over for one day.

Senate Bills 405-425 were introduced.

Senate Resolution 20 was adopted today and recognized the West Virginia School of Osteopathic Medicine for its excellence in medical education and its contribution to Greenbrier County.

Senate Resolution 21 was also adopted today and designated February 23, 2017 as WV Local Foods Day.

The following committees meet today:

Energy, Industry and Mining at 1 p.m. in 208W.

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

Education at 2 p.m. in 451M.

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

Finance at 3 p.m. in 451M.

Judiciary at 3 p.m. in 208W.

Tomorrow Confirmations will meet at 10 a.m. in 208W.

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

Senate Workforce Approves Bills Related to Employee Wages

Senate Committee

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February 23, 2017

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The Senate Workforce Committee has approved two bills with the recommendation that they pass.

SB 224 would repeal the requirement for an employer’s bond for wages and benefits for certain designated employers and related requirements.

Senator Glenn Jeffries (D-Putnam) proposed an amendment to the bill that would raise the maximum fine to $60,000 from the original $30,000 for any person, firm or corporation who knowingly, willfully and fraudulently disposes of or relocates assets with intent to deprive employees of their wages and fringe benefits.

Jeffries said he believed this would help to “catch larger companies” that commit more serious crimes with employees’ wages.

Senator Ryan Weld (R-Brooke) voiced his support for the amendment. The amendment was unanimously approved.

SB 239 would protect an employee’s wages or salaries from being withheld or diverted for political activities without the express, written authorization of the employee.

Senior vice president of AFL-CIO Bob Brown spoke in opposition of the bill on behalf of the American Federation of Teachers in West Virginia, since the bill would add another form to be considered from the Secretary of State’s Office by members of labor organizations.

Brown said the additional form would simply be an “administrative burden” and “another layer of paper and bureaucracy” for a system that already works with the initial forms received by labor organizations.

President of the West Virginia Education Association Dale Lee also spoke against the bill for similar reasons.

“We religiously file reports to the Secretary of State’s Office,” Lee said. “There’s never been a question about any contributions.”

Senator Ron Stollings (D-Boone) voiced his opposition to the bill, asking Republican members to do the same, since he said they often support the party ideal of eliminating bureaucracy.

Both bills will be referred to Senate Judiciary once reported to the floor.

Senate Judiciary Reports Two Bills, One Comm. Sub. to the Floor

Senate Committee

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February 22, 2017

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The Senate Judiciary Committee has approved two bills and one committee substitute to be reported to the floor with the recommendation that they pass.

ORG 1 is a bill created by the Senate Judiciary that would repeal a Division of Natural Resources legislative rule realing to the Litter Control Grant Program, since the Department of Environmental Protection is now in authority over the program.

SB 214 would adopt the Uniform Electronic Legal Material Act to preserve and protect certain legal material in official electronic records that may be unavailable in physical form.

The committee substitute for SB 125 contains nine seperate bills relating to authorizing the Department of Health and Human Resources to promulgate legislative rules. These bills are SB 118 through SB 126.

SB 118 would authorize the Department of Health and Human Resources to promulgate a legislative rule relating to expedited partner therapy.

SB 119 would authorize the Department of Health and Human Resources to promulgate a legislative rule relating to clinical laboratory technician and technologist licensure and certification.

SB 120 would authorize the Department of Health and Human Resources to promulgate a legislative rule relating to clandestine drug laboratory remediation.

SB 121 would authorize the Department of Health and Human Resources to promulgate a legislative rule relating to medication-assisted opioid treatment programs.

SB 122 would authorize the Department of Health and Human Resources to promulgate a legislative rule relating to office-based, medication-assisted treatment.

SB 123 would authorize the Health Care Authority to promulgate a legislative rule relating to exemption from certificate of need.

SB 124 would authorize the Health Care Authority to promulgate a legislative rule relating to Rural Health Systems Grant Program.

SB 125 would authorize the Health Care Authority to promulgate a legislative rule relating to the Hospital Assistance Grant Program.

SB 126 would authorize the Health Care Authority to promulgate a legislative rule relating to certificate of need.

Senator Charles Trump (R-Morgan), Chair, removed SB 55 from consideration on the agenda for today, but said the bill would be revisited in a future meeting.