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House Passes Transportation Network Companies Bill

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The House of Delegates passed a bill to allow Uber, Lyft and like companies to do business in West Virginia.

House Bill 4228 would create transportation network companies. Under the measure, companies like Uber could participate in ride sharing in the Mountain State. A similar bill went through the Legislature last session, but ultimately was not passed. The bill goes to the Senate for consideration.

Two Senate bills were passed on Feb. 15. Senate Bill 123 – treatment for sexually transmitted diseases – also passed the House and now goes back to the Senate for communication before completing legislation. Senate Bill 261 – bringing state code relating to daylight savings time in conformity with federal code – also passed the House. SB 261 completed legislation.

The House passed five other House bills and discussed a bill that would make it illegal for first responders to photograph a corpse, House Bill 2122, or Jonathon’s Law.

Seven bills were read a first time and eight bills were introduced including a bill (HB 4534) to allow the sale and serving of alcoholic liquors at 11 a.m. on Sundays. Current law restricts the sale of alcohol until 1 p.m. on Sundays.

The following committees will meet today:

Finance: 2:30 p.m. in 460M

Judiciary: 3 p.m. in 410M

Education: 3 p.m. in 434M

Gov Org: 3:30 p.m. in 215E

The following committees will meet tomorrow prior to session:

Labor: 9 a.m. in 215E

Agriculture: 10 a.m. in 215E

Senate Passes Nine Bills, Adavances 32 More

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The Senate passed nine bills and advanced 32 more during a Monday morning floor session.

Senate Bill 299 creates the the Library Facilities Improvement Fund while Senate Bill 328 creates the West Virginia Veterans Program Fund. These bills now head to the House of Delegates for consideration along with Senate bills 403, 404, 459, 483, 517, 524 and 558.

Sixteen bills advanced to third reading, including Senate Bill 298, which would allow restaurants, private clubs and wineries to sell alcoholic beverages on Sundays. Sixteen bills also advanced to second reading, including Senate Bill 16, which would provide a tax credit for providing broadband service to unserved areas.

The Senate also refussed to concur in the House amendments for House Bill 2800, which would add  law-enforcement officers’ contact information and names of family members to the list of exemptions from public records requests. A conference committee was appointed.

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

Agriculture and Rural Develompent will meet at 1:30 p.m. todday in 451M

Banking and Insurance will meet at 2 p.m. today in 208W

Finance will meet at 3 p.m. today in 451M

Judiciary will meet at 3 p.m. today in 208W

Transportation and Infrastructure will meet tomorrow at 10 a.m. in 451M

 

 

 

House and Senate Override Governor’s Vetoes on Right to Work and Prevailing Wage

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The State Senate and House of Delegates met today at 11 a.m.

Last week, the WV Workplace Freedom Act and the Prevailing Wage bill completed legislation and were sent to the Governor’s office for final approval. The Governor vetoed these bills and returned them to the legislature. Today, both chambers overrode the vetoes, repassing the bills. These bills have officially completed legislation and will be in effect starting July 1, 2016.

The Senate also unanimously passed five Senate bills, Senate Bills 73, 429, 465, 469 and 501. Senate Bill 73 creates a felony crime from knowingly leaving the scene of a crash resulting in serious bodily injury, and Senate Bill 469 clarifies what personal funds are exempt from tax. 

Senate Bills on second reading include: 299, 328, 403, 404, 459, 483, 517, 524 and 558. Senate Bill 328 creates a West Virginia Veterans Program Fund and Senate Bill 524 rewrites the Board of Barbers and Commissioner. These bills were advanced to the third reading for Monday.

The House of Delegates unanimously passed House Bill 4147, which will make 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.

The House advanced multiple bills to the third reading today. Among these were: Senate Bills 123 and 261, and House Bills 2615, 4146, 4188, 4218, 4228 and 4309

House Bill 2122 and Senate Bill 15 were advanced to second reading for Monday’s session.

The House Judiciary committee will meet today at 2 p.m. and Monday at 9 a.m. prior to session in 410M.

The Senate Judiciary committee will meet today at 1:30 p.m.

The Senate Judiciary will also hold a public hearing Monday at 9 a.m. prior to session in 208W regarding House Bill 4145.

The House of Delegates and the State Senate will reconvene Monday at 11 a.m. 

Bills Passed from the House

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As of 4 p.m., Friday, February 12, 2016, the 31st day of the second session of the 82nd Legislature, 982 bills have been introduced in the House. Of those, 38 of the bills have passed and have been sent to the Senate for further consideration. Among those:

House Bill 2511 (Health Care Sharing Ministries Freedom to Share Act) would work to exempt health care sharing ministries from state statutory requirements of individual and group accident and health insurance policies. This bill will now be sent to the Senate for discussion.

House Bill 4145 (Relating to carry or use of a handgun or deadly weapon) would work to authorize residents of West Virginia to carry a firearm in a concealed manner, without permit, so long as certain conditions are met. The bill also permits eligible persons to carry a handgun for self-defense purposes, without permit. It states that carrying a concealed deadly weapon without a state license or other lawful authorization apply only to persons under 21 years old. This bill would permit persons 18 years and older to obtain a concealed carry permit. This bill will now be sent to the Senate for discussion.

House Bill 4163 (Providing the authority and procedure for municipalities to give notice to, and publish, the names of, entities delinquent in paying business and occupation taxes) would work to provide municipalities with the authority and procedure by which they may publish the names of entities delinquent in filing and paying business occupation taxes. This bill will now be sent to the Senate to be discussed.

House Bill 4186 (Relating to additional duties of the Public Service Commission) would work to establish additional duties for the Public Service Commission related to developing a process to review towing operator charges for fairness. This bill will now be sent to the Senate for further discussion.

House Bill 2444 (Providing for the assignment of economic development office representatives to serve as Small Business Allies as facilitators to assist small business entities and individuals) would work to provide assistance to small businesses West Virginia Development office. The bill requires that the executive director of the West Virginia Development Office submit biennial reports that describe how the West Virginia Development Office is assisting small businesses and suggestions it has to make statutory or regulatory requirements imposed on small businesses more efficient. This bill will now be sent to the Senate for discussion.

House Bill 4012 (WV Religious Freedom Restoration Act) would provide a test courts can use as a guideline to provide a defense for those whose religious freedoms have been substantially burdened by state action. The test questions whether the religious belief is sincerely held, whether the state has a compelling interest in the situation and whether the state use the least restrictive means to handle the concern. The bill is not intended to create a claim,m but merely to provide guidance for tests when state action allegedly has substantially burdened the exercise of religion.

Bills Passed from the Senate

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As of 4 p.m., Friday, February 12, 2016, the 31st day of the second session of the 82nd Legislature, 598 bills have been introduced in the Senate. Of those, 76 of the bills have passed and have been sent to the House for further consideration. Among those:

Senate Bill 6 (Requiring drug screening and testing of applicants for TANF program) would create a three year pilot program. The program would drug test adults applying for assistance from the Temporary Assistance for Needy Families Program. The bill will now be reviewed in the House Judiciary Committee.

Senate Bill 7 (Establishing wrongful conduct rule prohibiting recovery of damages in certain circumstances) would prevent action against a health care provider as long as the health care provider has not illegally dispensed or prescribed a controlled substance. The bill will now be reviewed in the House Judiciary Committee.

Senate Bill 39 (Regulate off-road motorcycles within Hatfield-McCoy Recreation Area) would allow travel from residence or lodging and off-road trails, fields and areas of operation. The bill will now be reviewed in the House Roads and Transportation Committee.

Senate Bill 73 (Creating felony crime of knowingly leaving scene of crash resulting in serious bodily injury) would require the individual to stop without obstructing traffic more than necessary. The bill will now be reviewed in the House.

Senate Bill 278 (Clarifying physicians’ mutual insurance company is not state or quasi-state actor) would exclude creating a stable self-sufficient entity which will be a source of liability insurance coverage for physicians in the state. The bill will now be reviewed in the House Banking and Insurance Committee.

Senate Bill 309 (Relating to child-care center licensing and exempting county parks and recreation from licensure) would exclude county parks and recreation commission, boards and municipals from qualifying under residential child-care centers licensure, certification, approval and registration requirements. The bill will now be reviewed in the House Government Committee.

Senate Bill 345 (Relating to parking on state-owned or leased property) would allow the Real Estate Division to regulate the parking of motor vehicles on stat-owned property in Charleston, West Virginia. The bill will now be reviewed in the House Government Committee.

Senate Bill 346 (Updating projects managed by Project Management Office) would exclude equipment-only or software only purchases in which labor is not necessary from major information technology projects. The bill will now be reviewed in the House Finance Committee.

Senate Bill 349 (Updating meaning of federal adjusted gross income) would require for tax years after December 31, 2015 that partnerships shall pay the required fees on the 15th day of the third month following the close of the taxable year of the partnership. The bill will now be reviewed in the House Finance Committee.

Senate Bill 419 (Relating to termination of Workers’ Compensation Debt Reduction Act) would cease transfers of personal income tax proceeds as replacement moneys for anticipated tobacco master settlement agreement proceeds on and after February 1, 2016. The bill will now be reviewed in the House Finance Committee.

Senate Bill 426 (Continuing Office of Coalfield Community Development) would continue within the Department of Commerce. The bill will now be reviewed in the House Small Business, Entrepreneurship and Economic Development Committee.

Senate Bill 429 (Adopting two National Association of Insurance Commissioners’ models to protect enrollees and general public and permit greater oversight) would create risked-based capital for health organizations. The bill will now be reviewed in the House.

Senate Bill 437 (Updating and clarify code relating to rules governing mixed martial arts) would require amateur mixed marital artists and mixed martial arts matches follow the current rules of mixed martial arts s adopted by the Association of Boxing Commissions. The bill will now be reviewed in the House Government Committee.

Senate Bill 449 (Supplemental appropriation from State Fund, General Revenue to Department of Administration, Public Defender Services) would update the fund, fiscal year and organization numbers for 2016. The bill will now be reviewed in the House Finance Committee.

Senate Bill 450 (Supplemental appropriation from State Fund, General Revenue to DHHR, Division of Health) would update the fund, fiscal year and organization numbers for 2016. The bill will now be reviewed in the House Finance Committee.

Senate Bill 451 (Supplemental appropriation from State Fund, General Revenue to Department of Military Affairs) would update the fund, fiscal year and organization numbers for 2016. The bill will now be reviewed in the House.

Senate Bill 465 (Allowing professional employer insure certain risks through pure insurance captive) would allow self-funded plans under certain circumstances for professional employer organizations. The bill will now be reviewed in the House.

Senate Bill 469 (Clarifying what personal funds are exempt from levy following judgement) would have individual’s funds on deposit in a federally insured institution not to exceed $1,000. The bill will now be reviewed in the House.

Senate Bill 501 (Relating to trusts) would allow a trustee of a trust to have insurable interest in the life of an individual insured under a life insurance policy that is owned by the trustee of the trust acting in a fiduciary capacity. The bill will now be reviewed in the House.

Senate Bill 509 (Removing 10-day requirement Division of Labor has to inspect amusement rides and attractions) would require an inspection before the first time the ride or attraction is made available for public use. The bill will now be reviewed in the House Government Committee.

Both Chambers Tackle Healthcare in WV

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Welfare Pilot Program Aims to Address Drug Addiction

This week in the Legislature, health bills rose to the forefront of discussions in both chambers.

The Senate passed a bill that would require the drug screening and testing of applicants for TANF program. Senate Bill 6 was amended in Senate Finance to change the language of the bill to creating a pilot program. The measure goes to the House of Delegates where it was referenced to both the Health and

Judiciary committees. The Health committee passed the bill and it is now in House Judiciary.

Delegate Amy Summers, R-Taylor, serves on both committees and said Senate Bill 6 – requiring drug screening and testing of applicants to TANF program – is a necessary step in identifying those in the population who need help.

“Everybody wants to find a way to help people who have a drug addiction problem, and this is one way we feel we can help,” Summers said. “We are concerned we don’t have enough treatment options but we’re working on that throughout the state right now too.”

Summers said with this step in identification, other areas of the drug treatment process including prevention and treatment can be utilized.

Chairman of the Health Committee Sen. Ryan Ferns, R-Ohio, said the two most important issues Senate Health has seen so far are SB 6 and 10. Ferns said SB 6 is important to tackle the drug issue in the state while SB 10 addresses the issue of dismemberment of an unborn fetus during a woman’s second trimester.

Ferns said another bill addressing certificate of need would streamlines the process and create exemptions from certificate of need that don’t currently exist.

“Streamlining and scaling the process back would make it easier for businesses to grow and expand in West Virginia,” Ferns said. “We’re moving at an excellent pace, I would say we’re ahead of schedule.”

On Feb. 11, the House of Delegates held a public hearing on House Bill 4334 — clarifying the requirements for a license to practice as an advanced practice registered nurse and to expand the prescriptive authority that may be granted to advanced practice registered nurses.

If passed, the bill would clarify the requirements for a license to practice as an advanced practice registered nurses and to expand the prescriptive authority that may be granted to advanced practice registered nurses. The bill would repeal separate provisions relating to nurse-midwives because these provisions are part of the APRN license requirements.

This bill would remove the requirement for collaborative relationships with physicians as a continuing requirement of practice, but retains the collaborative relationship requirement for a two-year period as a prerequisite to qualify for prescriptive authority.

On Feb. 9, Dr. Rahul Gupta, Commissioner of DHHR’s Bureau for Public Health and State Health Officer, presented a report before the Joint Water Resources Committee. Senate Bill 373, passed in 2014, required a commission be formed to study and recommend changes to the state’s water resources.

Evan Hansen, president of Downstream Strategies said it’s important for the public water system to have a sense of what is being transported on the roads.

“Our recommendation is for the Department of Homeland Security to provide as much information as possible to the water systems so the water systems can do their job,” he said.

Other health bills include:

SB 431 – Authorizing pharmacists and pharmacy interns dispense opioid antagonists

SB 320 – Permitting practice of telemedicine

SB 387 – Shared animal ownership agreements to consume raw milk

HB 4221 – Relating to the administration of an opioid antagonist

HB 4480 – Addiction Treatment Act of 2016

HB 4509 – Raising the legal age for purchase of tobacco and tobacco products

 

Religious Freedom Restoration Act Passes House

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The House of Delegates met today at 11 a.m. to discuss and vote on several pieces of legislation.

Among those was House Bill 4012, the West Virginia Religious Freedom Restoration Act. This bill would establish a test to be used by the court to determine whether the state has a compelling interest in a person’s religious actions. The test requires that the court determine a compelling state interest, that a religious belief is sincerely held and that the state used the least restrictive means to deal with a concern.

The House passed the bill with a vote of 72 to 26. Additionally the House passed four other bills today, House Bills 4148, 4158, 4161 and 4362.

House Bill 4147 was sent to third reading, to be voted on during tomorrow’s session, and six bills were sent to second reading.

 

The following committees will meet today:

Energy: 2:40 p.m. in Judiciary

Health and Human Resources: 3:30 p.m. in 215E

Judiciary: 3:45 p.m.

Pensions: 5 p.m. in Finance

 

The following committees will meet tomorrow prior to session:

Finance: 9 a.m.

Judiciary: 9 a.m.

Education: 9 a.m.

Gov. Org: 9 a.m.

 

The Health and Human Resources Committee held a public hearing today immediately after session in the House Chamber. The hearing discussed House Bill 4334.

 

The House will reconvene tomorrow at 11 a.m.

Senate Passed Eight Bills

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The Senate met today at 11 a.m. 

Senate Bills 7, 341, 378, 419, 437, 449, 450 and 451 were unanimously passed today. Senate Bill 7 establishes a wrongful conduct rule prohibiting recovery of damages in certain circumstances and Senate Bill 419 terminates taxes imposed under the Workers’ Compensation Debt Reduction Act of 2005. Senate Bill 509, which removes a 10-day requirement from the Division of Labor to inspect amusement rides and attractions, was passed with a 31-3 vote. These bills will now be sent to the House of Delegates for consideration. 

Senate Bills 73, 429, 465, 469 and 501 were read for the second time and advanced to the third reading. Senate Bill 73 creates a felony crime of knowingly leaving the scene of a crash that resulted in serious bodily injury. 

Two bills were laid over one day on the second reading and will retain their places on the calendar. This includes Senate Bill 517, which clarifies PEIA plans that are exempt from regulation by the Insurance Commissioner, and Senate Bill 524, which rewrites the Board of Barbers and Cosmetologists article. 

Introduced to the Senate today were bills 578 through 582.

 

The following committees will meet today:

Health & Human Resources at 1 p.m. in 208W

Government Organizations at 2 p.m. in 208W

Education at 2 p.m. in 451M

Finance at 3 p.m. in 451M

Judiciary at 3:15 p.m.in 208W

 

The Committee on Finance will meet tomorrow at 10 a.m. prior to session. 

The Senate will reconvene tomorrow at 11 a.m.

West Virginia Religious Freedom Restoration Act Sent to Third Reading

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The House of Delegates met today at 11 a.m. 

House Bill 2444 passed in the House today. This bill would work to provide for the assignment of economic development office representatives to serve as small business entities and individuals. 

Many bills were sent to third reading. One of those House Bill 4012, the West Virginia Religious Restoration Act. Several amendments were proposed and debated. Other bills on second reading were House Bill 4148, House Bill 4158, House Bill 4161 and House Bill 4362.

Only one bill, House Bill 4147, was sent to second reading

The House also voted to discharge House Bill 4037, which prohibits states from forcing property owners with oil or gas rights to involuntary integrates their interests. 

 

The following committees will meet today:

Finance: 2:15 p.m.

Judiciary: 2:30 p.m.

Education: 2:45 p.m.

 

The following committees will meet tomorrow: 

Education: 9 a.m.

Small Business: 9 a.m.

Banking and Insurance: 9:30 a.m.

 

The House will reconvene tomorrow at 11 a.m.

Senate Declares Disability Advocacy Day at the Legislature

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The Senate met today at 11 a.m.

Senate Resolution 32 was adopted and designated today, February 10, 2016, as Disability Advocacy Day in the Legislature. 

House Bill 2800, which adds law-enforcement officers’ contact information and the names of family members to the list of exemptions from public record requests, was passed unanimously. The House of Delegates will have to concur on the amended title from the Senate for the bill to complete legislation.

Senate Bills 7, 341, 378, 419, 437, 449, 450, 451 and 509 were advanced to the third reading. Senate Bill 378 relates to truancy intervention and Senate Bill 419 terminates taxes imposed under the Workers’ Compensation Debt Reduction Act of 2005.

Senate Bill 116, which increases the number of limited video lottery terminals allowed at a retail location, was laid over on the second reading and will retain its place on the calendar.

Senate Bills 560-577 were introduced to the floor. 

 

The following committees will meet today:

Economic Development at 1:30 p.m. in 451M

Natural Resources at 2 p.m. in 451M

Judiciary at 3 p.m.in 208W

Finance at 3 p.m. in 451M

 

The Committee on Finance will meet tomorrow at 9:30 a.m. prior to session.

The Senate will reconvene tomorrow at 11 a.m.