Blog – Page 77

Senate Passes Bill to Block Banks That Divest From Fossil Fuels

Senate Floor Session

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January 27, 2022

Senate Passes Bill to Block Banks That Divest From Fossil Fuels

A bill that would authorize the State Treasurer to block banks with policies against investments in fossil fuel industries like coal and natural gas passed the Senate on Thursday.

Senate Bill 262 would restrict state banking contracts with any bank or investment group that refuses to deal with coal or natural gas companies or terminates contracts with existing fossil fuel companies as a way to punish them for engaging in extractive industries.

The legislation would require the State Treasurer to create and maintain a list of restricted financial institutions annually. The list must be made public with written notice to the financial institutions informing them they are on the restricted list.

Under the proposed law, any banking institution on the restricted list would be unable to enter into new banking contracts with the state or remain in current contracts. Banks that can prove they are not or are no longer boycotting the energy sector would be removed from the list.

The bill includes an exemption for routine business purposes, such as final loan decisions to energy companies. The bill also has no impact on any bank that deals with state pension accounts or any accounts overseen by the state’s Investment Management Board.

The legislation now heads to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, Jan. 28 at 9 a.m.

Education will meet at 2 p.m. in 451M.

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

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

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

State Legal Advertising Website Bill Advances to Judiciary

House Committee

Cheyenne DeBolt

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January 26, 2022

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State Legal Advertising Website Bill Advances to Judiciary

The Committee on Government Organization met this afternoon.

House Bill 4260 creates a state central legal advertising website. The website would be created and administrated by the State Auditor. The bill shortens the time online ads must be published in newspapers as long as it is on the website.

In the 2021 Regular Session, the Legislature completed Senate Bill 642, which required the State Auditor to establish a public notice database on its website centralizing access to all state and state agency postings of legal advertisements required by law, in addition to newspaper publications.

House Bill 4260 is the creation of a website separate from the State Auditor’s website. However, the State Auditor would maintain the site. The site would not charge for use. The amended bill advances to the Judiciary Committee.

House Bill 4286 exempts attorneys from the civil service system. The bill advances.

House Bill 4297 coordinates information sharing between the DHHR and the State Auditor’s Office to aid in investigating reports of financial abuse and neglect of vulnerable adults. The committee advanced an amended bill to the Judiciary Committee.

House Bill 4333 terminates the Board of Hearing-Aid Dealers and Fitters on June 30, 2023.

Senate Passes Bill to Create Mining Mutual Insurance Company

Senate Floor Session

Christopher Marshall

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January 26, 2022

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Senate Passes Bill to Create Mining Mutual Insurance Company

The Senate passed SB1 on Wednesday, legislation that would create the Mining Mutual Insurance Company to serve as security against potentially massive mine reclamation liability for West Virginia in the future.

If the legislation completes and receives adequate future funding, the state would be insured against the possibility that the financial troubles of coal companies could render these entities unable to meet their obligations to reclaim the land they have mined. Currently, the state’s Special Reclamation Fund is set up to cover any shortfall, but the concern is that fund could quickly be exhausted by future obligations.

This bill would establish the insurance company with later legislation potentially allocating $50 million in initial funding. If there were to be a crisis in the future, the $50 million would likely be inadequate and federal grants could be used to fund the company. However, it must be established before then, and lawmakers and insurance experts believe the initial seed money accomplishes that.

Senate President Craig Blair (R- Berkeley, 15) came down from the podium to speak in favor of the legislation Wednesday.

“This is the most important bill. If we were sitting here looking at a $4 billion deficit, a $2 billion deficit, it would set us back from the course we’re trying to set ourselves on,” Blair said.

West Virginia is subject to federal requirements to have enough money available to complete reclamation for any areas where mining companies default.

The bill establishing the insurance company specifies that it would not be considered a department or agency of the state. Rather, it would be a company governed by five directors. The chairman would be appointed by the Governor, with the remaining members being named by state officials.

The motivation for the bill came from a recent legislative audit concluding that West Virginia could be on the hook for hundreds of millions of dollars in mine reclamation costs if the companies holding bonds go bankrupt or cannot meet their obligations for other reasons.

The bill now heads to the House of Delegates for consideration.

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

Agriculture and Rural Development will meet at 2 p.m. in 208W.

Pensions will meet at 2 p.m. in 451M.

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

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

Insulin Copay Reduction Bill Proceeds to Senate

House Floor Session

Cheyenne DeBolt

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January 26, 2022

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Insulin Copay Reduction Bill Proceeds to Senate

The House passes House Bill 4252 and House Bill 4276 this morning.

House Bill 4252 reduces the copay cap on insulin from $100 to $35. It also caps the copay for devices at $100. The copay for insulin pumps is capped at $200 and a new pump can be covered every 2 years. The bill states prescriptions are not required for ketone tests. The bill advances to the Senate after a 94-3 passage.

House Bill 4276 creates a Parkinson’s disease registry through WVU. Patients have the option to opt out of the registry in writing. Patients cannot be forced to participate. WVU must code a system to protect confidential information. Information in this database cannot be subpoenaed.

Eight bills were on first reading today.

The House is adjourned until 11 a.m. tomorrow, January 27, 2022.

Committees – Today

The Workforce Development Committee will meet at 1 p.m. in Room 215E.

The Committee on Fire Departments and EMS will meet at 1 p.m. in Room 434.

The Committee on Small Business, Entrepreneurship, & Economic Development will meet at 1 p.m. in Room 410.

The Finance Committee will continue budget hearings at 3 p.m. in Room 460.

The Judiciary Committee will meet at 3 p.m. in Room 410.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

The Education Committee will meet at 4 p.m. in Room 434.

Committees – Tomorrow, January 27, 2022

The Rules Committee will meet at 10:45 a.m. behind the House Chamber.

The Judiciary Committee will meet at 9 a.m. in Room 410.

The Committee on Energy and Manufacturing will meet at 9 a.m. in Room 410.

Public Hearing – on HB 2882 -Relating to repealing a ban on construction of nuclear power plants on Friday, January 28, 2022 at 10 a.m. in the House Chamber.

Donated Drug Repository Program Advances to Floor

House Committee

Cheyenne DeBolt

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January 25, 2022

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Donated Drug Repository Program Advances to Floor

The House Health and Human Resources Committee met this afternoon to consider five bills, all of which advanced.

House Bill 4257 states that during a declared public health state of emergency for a contagious disease, a health care facility shall permit visitation for a patient as soon as the patient is stable.

House Bill 4324 updates collaborative pharmacy practice agreements.

House Bill 4263 prohibits white bagging, which is when health insurance providers do not allow physicians to prescribe and administer a specialty drug. It requires a third-party pharmacy to be involved in providing the medication to the physician then it can be administered to the patient. Another term presented is brown bagging which is when medication is given to the patient, but it must be provided to the physician must administer it.

House Bill 2817 creates the Donated Drug Repository Program administered by the WV Board of Pharmacy. The bill establishes how the drugs are to be received, handled, stored, dispensed, distributed, and disposed of.

House Bill 4340 requires the state medical examiner to cooperate with procurement organizations to recover anatomical gifts for the transplantation, therapy, research, or education. It authorizes the state’s chief medical examiner to enter into contracts and agreements with procurement organizations when necessary to increase the opportunity of the efficient and economical recovery of anatomical gifts.

Meghan’s Law Advances to Senate

House Floor Session

Cheyenne DeBolt

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January 25, 2022

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House Bill 4074, Meghan’s Law, requires the state BOE to establish training requirements for all public school employees on students’ self-harm behaviors and eating disorders. The bill requires yearly education for middle and high school students regarding self-harm behavior and eating disorder signs, prevention, and treatment. The bill passed unanimously in the House and moved to the Senate.

House Bill 4062 removes the residency requirement for the Commissioner of the Division of Highways. This commissioner is the only one currently required to reside at the “state capital.”

House Bill 4112 provides consumers a choice for pharmacy services. The bill limits the ability of pharmacy benefit managers to restrict consumer access to pharmacies through the designation of “specialty drugs.” The bill also restricts the ability of pharmacy benefit managers to exclude a pharmacy or pharmacist from network participation through restrictive licensing requirements or change the terms of participating pharmacy contracts without adequate notice.

The House is adjourned until 11 a.m. tomorrow, January 26, 2022.

Committees – Today

The Committee on Energy and Manufacturing will meet at 3:15 p.m. in Room 410.

The Committee on Health and Human Resources will meet at 4 p.m. in Room 215E.

Committees – Tomorrow, January 26, 2022

The Committee on Agriculture and Natural Resources will meet at 8 a.m. in Room 215E.

The Committee on Banking and Insurance will meet at 9 a.m. in Room 460.

The Political Subdivisions Committee will meet at 9:30 a.m. in Room 410.

The Workforce Development Committee will meet at 1 p.m. in Room 215E.

The Committee on Fire Departments and EMS will meet at 1 p.m. in Room 434.

The Committee on Small Business, Entrepreneurship, & Economic Development will meet at 1 p.m. in Room 410.

The Judiciary Committee will meet at 3 p.m. in Room 410.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

The Education Committee will meet at 4 p.m. in Room 434.

Public Hearing – on HB 2882 -Relating to repealing a ban on construction of nuclear power plants on Friday, January 28, 2022 at 10 a.m. in the House Chamber.

Senate Passes Repeal of Nuclear Power Ban

Senate Floor Session

Christopher Marshall

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January 25, 2022

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Senate Passes Repeal of Nuclear Power Ban

The Senate passed SB4 on Tuesday morning, a bill that repeals a ban on construction of nuclear power plants in West Virginia.

The state first instituted the ban on nuclear power production in 1996, with a law that addresses concern about waste disposal along with questions over long-term economic feasibility.

Opponents of the bill on Tuesday said they had no problem with nuclear power but were still concerned about waste disposal.

Supporters of the bill highlighted advancement in waste disposal technology over the years, while emphasizing this repeal would not immediately signal construction of a nuclear power facility in West Virginia. Their intention is to open a dialogue to the possibility of adding nuclear to the state’s energy mix.

The legislation passed on a 24-7 vote with 3 Senators absent. The bill now heads to the House of Delegates, where similar legislation, House Bill 2882, was on first reading this morning.

The Senate is adjourned until tomorrow, Jan. 26, at 11 a.m.

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

Education will meet at 2 p.m. in 451M.

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

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

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

Workforce will meet tomorrow at 10 a.m. in 208W.

Nuclear Power Plant Ban Repeal Advances

House Committee

Cheyenne DeBolt

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January 24, 2022

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The Committee on Government Organization met this afternoon.

House Bill 4288 expands the practice of acupuncture to other professions determined eligible by the acupuncture board. The bill also changes the qualifications from “be of good moral character” to “be free of a felony conviction.” The bill advances to the House.

House Bill 2882 repeals the law which bans the construction of nuclear power plants. Currently, the state has a limited banned which sets forth requirements for application.

DEP testified that the federal government would most likely regulate nuclear power plants. The state DEP would only be involved in air permitting and construction permitting. As of now, the DEP cannot identify any other ways it would be involved. The Department does not believe it would have authority over nuclear waste or storage.

HB 2882 advances to the House.

House Bill 4024 creates a cosmetology apprenticeship program that allows companies to train an apprentice for practice real-world experience. The apprenticeship shall count towards certifications as if the apprentice had completed beauty school and satisfied other necessary requirements. Barbers already have the opportunity of apprenticeships. This bill opens it up for cosmetologists. The bill advances.

House Bill 4301 reforms the membership requirements of the Greater Huntington Park and Recreation District. The bill changes the number of nonpartisan commissioners from eleven to ten, nine of whom shall be elected from Cabell County, but no more than three of whom shall be elected from any one magisterial district, and one of who shall be elected from the Westmoreland magisterial district in Wayne County. The Commissioners shall be elected in the nonpartisan primary election. The bill also set election guidelines. The bill advances.

House Bill 4266 requires persons or entities. that charge fees for services to LLCs to file annual reports, include a notice that contains the WV Secretary of State website address and that the filing fee of $25 be paid online at that website. The bill was amended to be in line with other sections of the code to exempt veterans and active-duty military from paying the annual filing fee for the first four years of the LLC. The bill advances to the House.

Judiciary Advances Three Bills to Full Senate

Senate Committee

Christopher Marshall

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January 24, 2022

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Judiciary Advances Three Bills to Full Senate

The Senate Judiciary Committee met Monday afternoon, advancing three bills to the the full Senate.

Senate Bill 431 received the most attention from the committee. The legislation relates generally to the Uniform Controlled Substances Act and specifically seeks to clarify the phrase “engaged in the illegal use of a controlled substance.”

As amended in committee, the bill spells out that “engaged in the illegal use of a controlled substance” means being in the physical presence of a person engaged in illegal drug use and participating in illegal drug use or knowingly facilitating the illegal drug use by the other person.

This bill would make it a felony to knowingly fail to render aid when in the presence of someone experiencing a drug overdose. One has to be in the physical presence of the person overdosing and be using or facilitating this drug use for the law to apply.

As spelled out in the legislation, if the person renders aid they would be immune from prosecution from possession and drug use charges. A dealer would not be immune from prosecution on intent to distribute under this law.

The committee also advanced Senate Bill 449 on Monday. This legislation would clarify that the Nonviolent Offense Parole Program is not available to offenders who are serving a sentence that runs concurrently or consecutively with a violent, excluded offense. The bill would further clarify that the program is not available to an offender who has been released under the program on a previous occasion.

Senate Bill 435 also advanced during the meeting. This legislation would allow the Division of Protective Services to award to a member his or her service weapon if retiring honorably with at least 10 years of service or if less than 10 years, when the member has been totally and physically disabled as a result of their service.

These bills now head to the floor for consideration by the full Senate.

Sub-Committee Created for HB 4001 in Technology and Infrastructure

House Committee

Cheyenne DeBolt

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January 24, 2022

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Sub-Committee Created for HB 4001 in Technology and Infrastructure

The Committee on Technology and Infrastructure met today.

House Bill 4001 was presented at the meeting. A committee substitute was presented. The bill creates the Legislative Oversite Commission on the Department of Economic Development Accountability. It provides for the creation of several funds relating to broadband expansion. The Committee Substitute adds extra confidentiality requirements. The bill creates existing customer protections for the Office of the Attorney General. It provides that the Attorney General will determine telecommunications carrier status.

A motion to commit the bill to a sub-committee was adopted. The 5-member sub-committee will consist of Delegate Maynard, as chair, and delegates Keaton, Espinosa, Garcia, and Thompson.

House Bill 3122 establishes the operation of regional water, wastewater, and stormwater authorities. Current code does not establish stormwater authorities. The bill was amended to prevent interference with current code. The bill moves to Government Organization.