Blog – Page 213

Senate Committee on Energy, Industry and Mining Reports SB 16

Senate Committee

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February 23, 2017

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.

Four Bills Moved through House Judiciary Today

House Committee

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February 22, 2017

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The House Judiciary Committee met at 9:30 a.m. and 2 p.m. today and moved HB 2506, HB 2486, HB 2083, and HB 2585.

HB 2506 would require permits limits to be calculated using design flows recommended by the United States Environmental Protection Agency for protection of human health. It’s a technical bill and it was said the bill would not alter the existing quality standards. It allows for overlapping of mixing zones, which could lead to more carcinogens and toxins released into streams and rivers.

HB 2486 would allow medical records and releases for medical information to be requested and required without a court order, when a party’s health condition is at issue in a civil action.

HB 2083 would increase the penalties from exposing children to methamphetamine manufacturing from 2-10 years to 3-15 years.

HB 2585 would create criminal offenses relating to money laundering. Two new felonies are specified in the bill: laundering criminal proceeds through financial transaction and the transportation, transmission, or transfer of criminal proceeds.

Senate Pensions Approves Four Bills

Senate Committee

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February 22, 2017

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The Senate Pensions Committee has approved four bills to be reported to the floor with the recommendation to pass.

SB 321 would provide minimum reporting requirements for employee information to the Consolidated Public Retirement Board.

SB 354 would permit municipalities with policemen’s and firemen’s pension plans fully funded at or above 125 percent to not pay normal cost into the pension plans.

SB 355 would update the required minimum distribution laws to be in compliance with federal internal revenue code requirements.

SB 371 would require the Consolidated Public Retirement Board to adopt a four-year smoothing method relating to actuarial gains and losses on Teachers Retirement System Fund assets.

Senate Bills 354, 355 and 371 will be referred to Senate Finance once reported to the floor.

Senate Economic Development Approves Two Tax Credits

Senate Committee

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February 22, 2017

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The Senate Economic Development Committee has approved two bills to be reported to the floor that would create two new tax credits for the state.

The first, SB 238, would increase the tax credits allowed for rehabilitation of certified historic structures from the current 10% percent to a 25% percent credit.

The bill was on layover from the last committee meeting, since members wished to review the fiscal note further.

The second, SB 341, would establish a tax credit for West Virginia business growth in low-income communities.

Advantage Capital spokesman Ryan Dressler discussed his support for the bill and said West Virginia has “underperformed” in providing finances for growing small businesses throughout the state.

Dressler said this bill would help investment companies and Community Development Entities provide existing businesses with the funding necessary for expansion.

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

Seven Bills Passed in House

House Floor Session

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February 22, 2017

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Today seven bills were passed by the House of Delegates.

Com. Sub. for HB 2167 creates a Silver Alert program for senior citizens. It sets guidelines to be met before a Silver Alert can be activated.

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.

Com. Sub for 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.

Com. Sub. for HB 2318 strengthens and establishes criminal offenses relating to human trafficking.

Com. Sub. for 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.

Committee Meetings Today

Veteran Affairs and Homeland Security: 1:15 p.m.

Judiciary: 2 p.m. in 410M

Finance: 2 p.m. in 460M

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

Education: 2 p.m. in 434M

Committee Meetings Tomorrow

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

Judiciary Sub-Committee on HB 2364: 10 a.m. in 410M

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

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

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