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Senate Passes Intermediate Court of Appeals

Christopher Marshall
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Senate Passes Intermediate Court of Appeals

The Senate has once again passed a bill that would establish an intermediate court of appeals in West Virginia.

After a roughly hour-long debate on the Senate floor Wednesday, the bill passed on a 19-15 vote.

The issue has been debated for many years after it was recommended by a 2009 judicial review panel. The legislation has been passed several times in the Senate, only to fail in the House of Delegates.

Senate Bill 275 would establish an intermediate court to review civil cases between the circuit court and Supreme Court levels. It would also adjudicate workers compensation cases and final orders from family court.

Judges on the court would be appointed to staggered terms to fill out the court initially, with regular elections to follow. The court would have a northern and southern district, each with three judges. As written currently, court proceedings would take place in already-available public buildings. The Senate estimates that the court will cost between $8 and $9 million once it is fully functional.

The bill moves on for consideration in the House of Delegates.

The Senate is adjourned until tomorrow, Feb. 25 at 11 a.m

Streaming of afternoon meetings is available on our Legislature Live page.

Economic Development will meet at 2 p.m. in 208W.

Agriculture and Rural Development will meet at 3 p.m. in 208W.

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

Judiciary will meet at 4 p.m. in 208W.

Finance will meet at 4 p.m. today and 9:30 a.m. tomorrow in 451M.

Juvenile Restorative Justice Bill Goes to Senate

Cheyenne DeBolt
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Juvenile Restorative Justice Bill Goes to Senate

Today, the House of Delegates passed two bills to the Senate.

House Bill 2094 relates to the restorative justice program. The bill allows for the program to include other offenses. The juvenile restorative justice program is a voluntary option for the victim and offender, where the victim is in control. They enter the program with the focus of repairing the harm through communication and mediation. The bill also states that the offender can only go through the program once.

House Bill 2184 creates a new crime and sets penalties for exposing government representatives to fentanyl or other harmful drugs or chemical agents. It states that if there is no injury, then the charge is a misdemeanor. However, if there is injury, the charge is a felony with a two-to-five-year prison sentence and a $2,000 fine.

One bill was read a second time and 6 bills were read for the first time including, Senate Bill 12 and Senate Bill 14. Both passed the Senate yesterday.

Committees

Today

Tomorrow

The House is adjourned until 11 am tomorrow, February 25, 2021.

House Banking and Insurance Advances Four Bills

Cheyenne DeBolt
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House Banking and Insurance Advances Four Bills

Today, the House Banking and Insurance Committee moved four bills forward.

House Bill 2681 allows the Insurance Commissioner to move general funds of the Insurance Commission into the Workers’ Compensation Old Fund to reduce any deficit balance of the Old Fund. The Insurance Commissioner stated that transfer is needed because the deficit is beginning to increase after funding sources were removed in 2016, 2017, and 2018. The current deficit is $63 million. The bill advanced to the Committee on Finance.

House Bill 2682 replaces the requirement that certified mail is required to send notice that insurance producers and adjusters have failed to meet continuing education requirements. The bill allows for notice to be sent by e-mail or by regular mail. Using certified mail currently costs the commission between $6,000 and $7,500 a month. The bill advanced to the Judiciary Committee.

House Bill 2695 consolidates the Inspector General Position and the Director of the Insurance Fraud Unit position into one position. According to the Insurance Commissioner, the positions are identical roles. The savings of this consolidation would be $108,000 a year. The bill advanced to the Committee on Government Organization.

House Bill 2634 provides that state insurance providers must provide coverage for 20 visits per event for physical therapy, occupational therapy, osteopathic manipulation, a chronic pain management program, and chiropractic services when prescribed by a health care practitioner. The bill advances to the Health and Human Resources Committee.

Senate Bill 277 Advances to House Floor

Cheyenne DeBolt
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Senate Bill 277 Advances to House Floor

House Judiciary Committee advances two bills from the committee.

Senate Bill 277 – the Covid-19 Jobs Protection Act – provides immunity from civil liability for damages for an injury resulting from exposure to COVID-19 on the premises owned or managed by another person.

Several amendments were offered and rejected. The bill moves to the floor.

House Bill 2628 allows for ATMs to be in areas where racetrack video lottery machines are located. Currently, ATMs in these locations are prohibited.

The bill was amended to no longer accept checks in exchange for or purchase of game credits or coins. The bill moves to the floor.

Senate Passes Parity of Payment for Telehealth Services

Christopher Marshall
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Senate Passes Parity of Payment for Telehealth Services

The Senate advanced legislation to the House Tuesday that provides for parity of payment for telehealth services between a service in-person and a service provided through a telehealth platform, including such that is established and provided through audio-only means.

Senate Bill 1 limits a patient to no more than three telemedicine consultations without an in-person primary care visit. Further, a physician cannot prescribe controlled substances listed in Schedules II though V to a patient until the physician has evaluated the patient in person.

Also on Tuesday, the body passed Senate Bill 12, which would give county commissions more control over the actions of local health departments.

The legislation would require county commissions and other health-appointing entities like municipal governments to approve or disapprove rules passed by local public health boards. The bill would require a public comment period on new or amended rules. It also would require health boards to post new rules on the State Register.

The Senate has adjourned until tomorrow, Feb. 24 at 11 a.m.

There is a packed committee schedule this afternoon as listed below. Check out the Legislature Live page for streaming.

Health will meet at 1:30 p.m. in 451M.

Government Organization will meet at 2:30 p.m. in 208W.

Education will meet at 2:30 p.m. and if necessary, at 5:00 p.m. in 451M

Finance will meet at 3:30 p.m. in 451M

Judiciary will meet at 3:30 p.m. in 208W

Workforce will meet tomorrow at 10 a.m. in 208W. Check back tomorrow morning for an agenda.

First House Joint Resolution Advances from House

Cheyenne DeBolt
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First House Joint Resolution Advances from House

Today, the House passed the first House Joint Resolution to the Senate.

House Joint Resolution 1 will put a proposed amendment to the state constitution on the ballot during the 2022 general election. The amendment would clarify that the State Board of Education and its rules are subject to legislative oversight.

House Bill 2260 would remove the requirement that Health and Human Resource contracts with child-placing agencies be submitted to the Purchasing Division. Instead, the agency would develop requirements for performance-based contracts, which would be used for child placement.

Two bills were read a second time and two bills were read for the first time, including Senate Bill 11 which passed the Senate yesterday.

The House is adjourned until 11 am tomorrow, February 24, 2021.

Committees

Today

Tomorrow

CPS and Foster Care Workload Study Bill Advances

Cheyenne DeBolt
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CPS and Foster Care Workload Study Bill Advances

Today, the House Health and Human Resources Committee advanced House Bill 2620.

House Bill 2620 provides a departmental study of the child protective services and foster care workforce. The study’s focus would be the workload of workers. It would determine if child population and poverty should be used in the allocation of workers. It would also survey the salaries and benefits of workers in neighboring states. The agency stated they would use a third-party consultant to complete the workload study. The consultant would speak to current and past workers. The bill states the findings shall be reported by July 1, 2022.

Best Interest of the Child Protection Act of 2021 Advances

Cheyenne DeBolt
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Best Interest of the Child Protection Act of 2021 Advances

The House Judiciary Committee moves two bills to the House.

House Bill 2363, the Best Interest of the Child Protection Act of 2021, establishes co-equal shared legal and physical custody of a child. The presumed best interest of a child is co-equal custody, or 50/50 custody unless one parent identifies as neglectful, abusive, or a danger to the child. The goal is to maintain relationships with parents and siblings, including half-siblings, through the co-equal share legal and physical custody of children.

House Bill 2160 requires the Division of Motor Vehicles to provide certain identification documents to homeless individuals, residing at homeless shelters within this state, at no cost. The identification documents include a photo ID card or a replacement driver’s license, as these documents are needed to gain employment. The bill does require an affidavit to be signed by an employee of the homeless shelter, as the shelter would be listed as the place of residence.

Senate Passes E-Commerce Modernization Bill

Christopher Marshall
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Senate Passes E-Commerce Modernization Bill

The Senate passed an e-commerce modernization bill Monday that would require government entities in the state to accept all payments electronically.

Senate Bill 280 would allow West Virginia residents and businesses to pay taxes and fees for government services online in all 55 counties. The legislation would require all county and local governments, as well as state government, to begin accepting payments electronically on a platform set up by the state treasurer’s office.

The bill would guarantee by March 1, 2023, West Virginia citizens and businesses could pay any tax, fee, fine or other payment to the state or any political subdivision online.

Also on Monday, a bill that would create a WVU Rifle Team Check-Off Program on hunting and fishing license purchases passed, as did a bill that would spell out in state code that work stoppages or strikes by public employees are illegal.

These measures move to the House of Delegates for consideration.

The Senate has adjourned until tomorrow, Feb. 23 at 11 a.m.

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

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

The committee on the Military will meet tomorrow at 10 a.m. in 208W

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

Live streaming of meetings is available on our Legislature Live page.

Bus Operator in Residence Bill Moves to House Floor

Cheyenne DeBolt
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Bus Operator in Residence Bill Moves to House Floor

House Education Committee moved House Bills 2267 and 2529 during today’s afternoon meeting.

House Bill 2267 creates the Bus Operator in Residence program to assist school districts with substitute bus operator pools. The program would pay the resident 60 percent of the base salary of a regularly employed bus operator with zero years of experience. The candidate must work a minimum as a substitute bus operator for the district where the program is completed. If hired as a full-time bus operator, the participant must work for 6 months.

House Bill 2529 prevents state higher education institutions from discriminating against graduates of private, nonpublic, or home schools by requiring them to submit to alternative testing as a precondition for acceptance into the institution, provided that they have acceptable scores on the ACT, the SAT or other test recognized by the institution.

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