Page 124 – Wrap Up

Senate Passes Bill to License Needle Exchange Programs

Senate Floor Session

-

March 9, 2021

Senate Passes Bill to License Needle Exchange Programs

The Senate passed a bill on Tuesday that would place certain restrictions on syringe exchange programs throughout the state.

Senate Bill 334 would establish a licensing program for harm reduction programs operating syringe exchanges. The legislation would require majority approval from county commissions to establish a program, as well as a mandatory a one-to-one exchange of needles. The bill also establishes procedures for license revocation should a program not meet these requirements.

The bill was amended on the floor to require the sheriff of a county establishing a syringe exchange program to provide a letter of support, with proponents believing that provision would create more buy-in and participation from law enforcement.

Supporters of the bill said the goal is to keep all of the public health benefits of these programs, such as a reduction in Hepatitis C and HIV cases, while reducing needle litter and any crime element that could become a part of the program.

Opponents believe these restrictions are too stringent and that no reasonable program could comply with these obligations. In effect, they believe the true goal is to end needle exchange programs in West Virginia.

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

The Senate is adjourned until tomorrow, March 10, at 11 a.m.

All meetings are available for streaming on the Legislature Live page.

Energy, Industry and Mining will meet at 2:30 p.m. in 208W.

Health and Human Resources will meet at 2:30 p.m. in 451M.

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

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

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

Interstate Cooperation will meet tomorrow at 10 a.m. in 451M.

House Advances Bill Increasing School Building Authority’s Spending Discretion

House Floor Session

Cheyenne DeBolt

-

March 9, 2021

0

House Advances Bill Increasing School Building Authority’s Spending Discretion

The House met today and passed two bills.

House Bill 2906 increases the School Building Authority’s discretion for maintenance spending to 10 percent on multi-county vocation schools.

Senate Bill 270 allows the collection of the hotel occupancy tax by marketplace facilitators.

Of the seven bills on second reading, Senate Bill 216 and Senate Bill 277 were amended. Senate Bill 272 and House Bill 2674 advanced to third with the right to amend.

Committees

Today

The Committee on Government Organization will meet at 2 pm in Room 215E.
The Education Committee will meet at 2 pm in the House Chamber.
The Judiciary Committee will meet at 4 pm in Room 215E.
The Finance Committee will meet at 4 pm in the House Chamber.

Tomorrow

The Committee on Agriculture and Natural Resources will meet at 8 am in Room 215E.
The Committee on Fire and EMS will meet tomorrow at 9 am in Room 215E.
The Committee on Banking and Insurance will meet tomorrow at 9 am in the House Chamber.
The Committee on Pensions and Retirement will meet at 10 am in Room 410E.
The Committee on Small Business, Entrepreneurship, and Economic Development will meet at 10 am in Room 215E.
The Rules Committee will meet at 10:45 am in Room 410M.
The Committee on Prevention and Treatment of Substance Abuse will meet at 1 pm in Room 215E.
The Committee on Political Subdivisions will meet at 1 pm in the House Chamber.
The Committee on Technology and Infrastructure will meet at 2 pm in the House Chamber.
The Committee on Veterans Affairs and Homeland Security will meet at 2 pm in 215E.
The Committee on Senior, Children, and Family Issues will meet at 3 pm in Room 215E.
The Workforce Development Committee will meet at 4 pm in the House Chamber.
The Sub Committee for Health and Human Resources will meet at 4 pm in Room 410M.

House Health Committee Advances Direct Health Care Agreements Bill

House Committee

Cheyenne DeBolt

-

March 9, 2021

0

House Health Committee Advances Direct Health Care Agreements Bill

The Committee on Health and Human Resources met today and advanced two bills and a resolution.

House Bill 2877 expands direct health care agreements to include more medical care services, such as physical therapy and chiropractic therapy.

House Bill 2965 requires PEIA, Medicaid, and other health insurance providers to cover treatment for pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome.

House Concurrent Resolution Blank requests the Department of Health and Human Resources continuously evaluate the child welfare system.

House Focuses on Children During Today’s Session

House Floor Session

Cheyenne DeBolt

-

March 8, 2021

0

House Focuses on Children During Today’s Session

Today, the House of Delegates passed ten bills to the Senate including House Bill 2335 and House Bill 2363.

House Bill 2335 increases the penalty for driving under the influence with a child in the vehicle. It also increases the penalty for the individual driving under the influence causing an accident resulting in the death of a child.

House Bill 2362, “Best Interest of the Child Protection Act of 2021,” establishes initial custody arrangements to be 50/50 between the parents. To change the 50/50 split, one parent must prove the other parent to be incompetent, neglectful, or abusive. The bill would allow for petitions to reopen already settled custody cases.

Opponents of the bill believe the 50/50 custody offers several issues, including loss of stability, insurance, and judge’s discretion. Proponents believe the 50/50 custody will allow children time with both parents and other siblings.

The House is adjourned until 11 am tomorrow, March 9, 2021.

Committees

Today

The Committee on Government Organization will meet at 1 pm in Room 215E.
The Education Committee will meet at 1:30 pm in the House Chamber.
The Finance Committee will meet at 4 pm in the House Chamber.
The Committee on Technology and Infrastructure will meet at 6 pm in the House Chamber.

Tomorrow

The Committee on Health and Human Resources will meet at 9 am in Room 215E.
The Committee on Energy and Manufacturing will meet at 9 am in the House Chamber.
The Rules Committee will meet at 10:45 in Room 410M.
The Committee on Government Organization will meet at 2 pm in Room 215E.

Senate Sends 12 Bills to House of Delegates

Senate Floor Session

Christopher Marshall

-

March 8, 2021

0

Senate Sends 12 Bills to House of Delegates

The Senate passed 12 bills during Monday’s floor session.

Senate bill 343 would authorize the DMV to process online driver’s license or identification card change of address.

Senate bill 429 would exempt the Division of Emergency Management from Purchasing Division requirements for certain contracts.

Also on Monday, the body adopted Senate Resolution 13, recognizing Benjamin Portaro, decorated US Army combat veteran and centenarian.

The Senate is adjourned until tomorrow, March 9, at 11 a.m.

As always, you can stream all committee meetings on our Legislature Live page. This afternoon’s meetings are as follows:

Natural Resources will meet at 1 p.m. in 208W.

Banking and Insurance will meet at 2 p.m. in 451M.

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

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

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

Judiciary Committee Sends Bills to the House Floor

House Committee

Cheyenne DeBolt

-

March 8, 2021

0

Judiciary Committee Sends Bills to the House Floor

The Judiciary Committee met this morning and passed four bills to the House Floor.

House Bill 2400 is a rules bundle relating to the Division of Highways and traffic and safety rules.

House Bill 2682 changes the requirement of certified mail notification about continuing education requirements to insurance producers and insurance adjusters. It would allow the Insurance Commissioner to provide notification through e-mail or regular mail.

House Bill 2758, as amended, places the regulation of bail bondsmen under the Insurance Commissioner instead of the Supreme Court.

House Bill 2770 includes home confinement officers as law enforcement, which would allow them to carry weapons for protection when visiting homes.

The Committee is in recess and may return after the floor session.

House Advances Lottery Legislation

House Floor Session

Cheyenne DeBolt

-

March 5, 2021

0

Today, the House passed two bills relating to lottery in West Virginia.

Senate Bill 358 allows for ATMs to be in areas of the racetrack where video lottery games are played. This completed piece of legislation advances to the Governor.

House Bill 2507 removes limitations on advertising and promotional activities by limited video lottery retailers. The bill advances to the Senate.

House Bill 2257 and House Bill 2621 also advance to the Senate.

The House suspended the rules and read Senate Bill 345 for the first, second, and third time.

Senate Bill 345 expands the alcohol test and lock program to include offenders with drug-related offenses. The completed piece of legislation advances to the Governor.

The Committee on Government Organization will host a virtual public hearing at 3 pm in Room 215E on HCR 9– Urging Congress to Call a Convention of States to Limited Terms of Office of the US House of Representatives.

Monday’s Meetings

The Judiciary Committee will meet at 9 am in Room 215E.
The Rules Committee will meet at 10:45 am in 410E.
The Committee on Government Organization will meet at 1 pm in Room 215E.
The Education Committee will meet at 1 pm in the House Chamber.

Senate Passes Law-Enforcement Training For Sexual Assault Cases

Senate Floor Session

Christopher Marshall

-

March 5, 2021

0

Senate Passes Law-Enforcement Training For Sexual Assault Cases

The Senate unanimously passed a bill Friday that would require training for law-enforcement officers responsible for investigating crimes of sexual assault.

Senate Bill 434 would require law-enforcement training to include standards and procedures for ongoing specialized, intensive, and integrative training during the investigation of sexual assault cases involving adult victims.

The Senate has adjourned until Monday, March 8, at 11 a.m.

Legislature Expands Charter Schools

Christopher Marshall

-

March 5, 2021

0

The West Virginia Legislature has completed action on a bill that would increase the number of public charter schools in the state and allow the possibility for a couple of them to operate online.

“We are very excited to pass HB 2012 in the State Senate, which will create real opportunities for charter schools to be started in West Virginia,” said Senate Education Chairwoman Patricia Rucker (R – Jefferson, 16).

House Bill 2012 would increase the number of charter schools that could be approved in a three-year period in West Virginia from three to 10. The legislation also lays the groundwork for two virtual charters that would each be allowed to enroll up to 5 percent of the state’s student population. Added together, that could potentially amount to 10 percent of public school enrollment, roughly 26,000 students.

“The virtual charter school aspect of the bill is very forward thinking and innovative, Rucker said. “All West Virginia families deserve educational choices.”

However, opponents of the bill were concerned about a possible transfer of up to $196 million a year from existing public schools to the virtual charters if those enrollment thresholds are achieved.

“This is a great big experiment to which nobody knows what the answers are,” Senator Mike Romano (D – Harrison, 12) said. “We’re playing with anywhere from $200 million to $400 million of our tax dollars depending on enrollment in these various charter schools. That’s crazy.”

Other opponents argued that the move to install charters was driven almost solely by outside interests.

“What we’re not doing today is listening to our constituents,” said Delegate Sean Hornbuckle (D – Cabell, 16). “Across the state, there’s not a groundswell of constituents that have clamored for charter schools.”

Under this bill, charter schools would be part of the state’s public education system and would be given greater flexibility with the understanding that charters could be revoked from failing schools. The bill also requires an audit two years after the first public charter school begins operations.

“When a public charter school has mismanagement, doesn’t perform, it closes,” Rucker said.

Currently, only county school boards may authorize a charter school in West Virginia. This bill will give the West Virginia Professional Charter School Board authorization powers as well.

This legislation will also give applicants with a rejected charter proposal 30 days after the rejection date to appeal to the state Board of Education.

House Education Chairman Joe Ellington (R – Mercer, 27) emphasized that education is rarely a one-size- fits-all endeavor, and this legislation is simply intended to provide options and flexibility for those that believe their children could thrive in a different setting.

“We’re a diverse state. We have different geographic regions that have different needs,” Ellington said. “This just gives opportunity. If people don’t want to take advantage of that opportunity, they don’t have to. It’s strictly voluntary.”

Currently, there are no charter schools in West Virginia with just one application submitted. In December, the boards of education in Monongalia and Preston counties rejected an application for a charter school by the West Virginia Academy.

Completed Legislation (2/24/21-3/4/21)

Cheyenne DeBolt

-

March 5, 2021

0

Senate Bill 11 declares it illegal for public employees to strike or participate in a work stoppage.

Senate Bill 12 gives county commissioners and city government officials overriding power with regard to rules or amendments to rules created by local boards of health, except in instances of health emergencies. In those instances, county and city governments would have 30 days to approve or reject emergency rules once issued.

Senate Bill 14 provides for the opportunity for alternative certifications for teachers.

Senate Bill 459 allows for contributions paid by a member into a retirement plan to be returned to the member’s heirs after the member’s death under certain circumstances.

House Bill 2012 modifies public charter schools.

House Bill 2019 elevates the Development Office and the Tourism Office to the Department of Economic Development and the Department of Tourism, respectively.

House Bill 2262 changes who shall report and review the controlled substance monitoring database.

House Bill 2358 updates the meaning adjusted gross income and certain other terms used within the West Virginia Personal Income Tax Act.

House Bill 2359 updates the meaning of “federal taxable income” and other terms used in the West Virginia Corporation Net Income Tax Act by bringing them into conformity with their meaning for Internal Revenue Code definitions.