Page 222 – Wrap Up

Bill to Reduce Exploitation of Seniors’ Property Approved in Senate Judiciary

Senate Committee

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March 30, 2017

The Senate Judiciary Committee has approved seven bills to be reported to the floor with the recommendation that they pass.

HB 2526 would classify additional drugs to Schedules I, II, IV and V of controlled substances.

Morgan Leach, executive director of the WV Hemp Industries Association, explained an amendment offered by Senator Robert Beach, D-Monongalia, that would exclude industrial hemp from being classified as a controlled substance.

Matt Walker of GW Pharmaceuticals explained the difference between industrial hemp and regular hemp, which is considered a controlled substance.

Michael Goff of the Board of Pharmacy, said the Board supports industrial hemp as long as it is FDA-approved.

HB 2303 would increase the fines and community service hours for littering.

Those convicted of littering can be fined an amount from $2,500 to $10,000 or committed to anywhere from 16 to 200 hours of community service that could involve cleaning up litter from any public highway, road, street, alley or any other public park or public property, or waters of the state, as designated by the court.

Lead sponsor of the bill Delegate Rupert Phillips, I-Logan, urged the committee to pass the bill and said he is “tired” of seeing litter throughout the state after spending hours in his own community cleaning up litter in public areas and waterways.

Senator Mike Woelfel, D-Cabell, amended the bill to strike certain language, restore the maximum fine of $25,000, restore the court’s ability to institute a double charge of a fine and community service hours and exempt property owners from littering on their own property from criminal liability for any litter up to 50 pounds in weight.

Senator Richard Ojeda, D-Logan, said he did not agree that property owners should be allowed to litter on their own property, since doing so can reduce the property value of surrounding properties.

Senator Mike Romano, D-Harrison, said allowing people to litter on their own property is a “terrible mistake” that would make it harder to maintain clean cities and towns that are safe for citizens to live in, which is a problem he works to address in his own county.

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2404 would bar persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance.

Angela Vance of AARP said AARP has been working on this legislation for two years now to stop seniors from being exploited by their own family members and heirs.

“This is a real problem in West Virginia,” Vance said, “And it’s an ever-growing crime.”

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2364 would prohibit electioneering during early voting periods in and around early voting locations to the same extent as is currently prohibited at polling places on election day.

Current law does not allow electioneering within 300 feet of voting locations, but the bill would change this buffer zone to 100 feet to conform with federal guidelines.

Senator Romano amended the bill to clarify that exit pollers are not allowed to participate in the electioneering activities.

HB 2479 would adopt and implement the provisions of the Uniform Deployed Parents Custody and Visitation Act in West Virginia to set standard procedures for resolution and determination of custody and visitation issues when a parent is deployed in the military or other national service.

Similar bills have been adopted in 12 other states.

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2731 would clarify that only civil actions with controversial amounts exceeding $10,000 must be heard in circuit court, except in actions relating to real estate installment sales contracts or actions confined exclusively by the Constitution to some other tribunal.

During the 2016 Regular Legislative Session, the Legislature passed SB 274 which increased the civil jurisdictional amount in magistrate court from $2,500 to $10,000. However, the Legislature failed to amend the circuit court jurisdictional statute to specify that the controversial amount, excluding interest, must exceed $10,000.

Committee counsel added a strike-and-insert amendment to make technical corrections to the bill.

HB 2548 would allow nonintoxicating beer licensees to have speakers outside of licensed premises as long as their use does not disturb the peace and quietude of community where the business is located.

A general counsel for the Alcoholic Beverage Control Commission was available to answer questions from the committee and said the Commission had no position on the bill.

The committee also laid over HB 2219 to review an amendment to the bill proposed by Senator Ronald Miller, D-Greenbrier, to remove a rule that would allow the Dept. of Agriculture to issue a rule affecting the Division of Natural Resources.

The rule is one of the 49 legislative rules relating to Livestock Care Standards the bill would authorize the Commissioner of Agriculture to promulgate.

The committee will meet 9:30 a.m. Friday, March 31, in 208W.

House Health Reports Senate Bill 60

House Committee

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March 30, 2017

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The House Committee on Health and Human Resources met today to report Senate bills to the House floor.

SB 339 would create the Legislative Coalition on Chronic Pain Management. The bill was reported to the House floor with the recommendation that it pass.

SB 360 would create the Legislative Coalition on Diabetes Management. The bill was reported to the House floor with the recommendation that it pass but first be referred to the Committee on Government Organization.

SB 486 relates to health care provider taxes. The bill was reported to the House floor with the recommendation that it pass.

SB 60 relates to eligibility and fraud requirements for public assistance. There are systems like this in other states and they are doing well. Council said there is a belief based on research that there are individuals on these programs that would be found to be ineligible.

Jeremiah Samples, a representative of DHHR, said the department has been looking for years for a way to make sure that their services aren’t being taken advantage of, but ultimately it is a policy decision and the department stays neutral on this bill.

In the bill policy would be revised by setting a limit on the amount of assets one can have in order to be eligible. Delegate Bates (D-Raleigh) said that assets require income to maintain but there is no correlation between the assets one has and how hungry they are. Council later informed the committee that unless the applicant puts their assets on the form and their assets are registered with the DMV, then there is no other way for them to tell what assets they have, so they could have planes, pools or vehicles. The reason there is an asset test is because it is difficult for the department to make eligibility requirements based only on what applicants have in the bank.

Delegate Cooper (R-Summers) wanted to be sure the bill wouldn’t hurt those applying for SNAP benefits in emergency situations. He was assured it wouldn’t.

The program evaluate the eligibility and fraud requirements would be phased in so that more federal dollars could fund the program. There would also be a hearing for those who feel as though the department made a mistake and they can appeal to get their benefits back. The process to apply for an appeal would be in a written request.

Delegate Pushkin (D-Kanawha) questioned about those who have no longer are eligible for SNAP because of an increased work requirement. The presenter, Ms. Terri, said the work requirements are working, putting more people to work and giving them real wages.

Delegate Sobonya (R-Cabell) asked Mr. Samples if food stamps from West Virginia had been used in Hawaii and the Virgin Islands. He confirmed that there had been.

The bill was amended to make clear that work training or volunteering would count toward the work hours requirement and to implement the program fully by October 1, 2020. The amendment was attempted to be amended by Delegate Baldwin (D-Greenbrier) to make sure the able bodied are the only ones to apply for the work requirements. The amendment to the amendment was rejected. The amendment was adopted.

Delegate Pushkin moved to amend the bill. His amendment was rejected.

Delegate Longstreth (D-Marion) moved to amend the bill as well. Her amendments were also rejected besides one to make it so people didn’t have to reply to a notice in writing.

The bill was reported to the House floor with the recommendation that it pass.

House Judiciary Sends Two Bills to Floor

House Committee

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March 30, 2017

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The Judiciary Committee met and discussed the following bills:

SB 602 would create a uniform system of recording and indexing of fictitious names used by sole proprietors in the state. The bill will be reported to the floor with the recommendation that it do pass.

SB 454 would eliminate certain fees generated by suggested executions and to further streamline the collection of state moneys received as a result of certain court transactions or court services through more efficient technology. The bill will be reported to the floor with recommendation that it do pass.

Five Senate Bills Move from Committee to House Floor from House Judiciary

House Committee

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March 30, 2017

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The House Finance committee met today and discussed five bills.

SB 321 would provide minimum reporting requirements for employee information to the Consolidated Public Retirement Board. The bill passed and will be reported to the floor.

SB 364 would update the WV code to the Streamlined Sales and Use Tax, which is done about every couple to few years. The bill will be reported to the floor with recommendation that it do pass.

SB 365 would maintain the solvency of the Unemployment Compensation Fund; and extending the time period for borrowing funds from the Revenue Shortfall Reserve Fund for the Unemployment Compensation Fund to September 1, 2018. The extension is wanted for later use, not current use. The bill will be reported to the floor with recommendation that it do pass.

SB 392 would a definition for “vested” to Municipal Police and Fire Retirement System; and clarify duty/nonduty disability. The bill will be reported to the floor with the recommendation that it do pass.

SB 566 would provide payment to certain claimants who provided commodities and/or services to the state, but who were not paid because the agency reached its budget limit. The bill will be reported to the floor with the recommendation that it do pass.

Return-to-Learn Resolution Approved in Senate Education

Senate Committee

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March 30, 2017

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The Senate Education Committee has approved a bill and a resolution to be reported to the full Senate with the recommendation that they pass.

HB 2706 would authorize legislative rules related to higher education.

These rules would involve the West Virginia Higher Education Grant Program, the PROMISE scholarship, the Research Trust Fund Program and the Annual Reauthorization of Degree-Granting Institutions, among other rules.

Originating Resolution 1 would request a study on Return-to-Learn protocols for elementary, secondary and higher education students who have suffered a concussion.

Senator Kenny Mann, R-Monroe, Chair, took Originating Resolution 2 off the agenda to be considered in a future meeting.

Senate Committee on Government Organization Reports Bills to Update State Websites

Senate Committee

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March 30, 2017

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The Senate Committee on Government Organization met today to report House bills to the Senate floor.

House Bill 2767 would authorize the Secretary of State to transmit electronic versions of undeliverable mail to the circuit clerks. There was an amendment explained by council that was adopted. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2427 would require agencies listed in the online state phone directory to update certain employee information by July 1st, 2017. They would be required to update it in 30 days after there are any changes made. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2446 relates to the requirement that all executive branch agencies maintain a website that contains specific information beginning December 31st, 2017.

Justin McAllister, CFO for the office of technology, said the bill would not require his staff.

Senator Miller (D-Greenbrier) moved to amend the bill to only include fax machine numbers if the office uses them. The amendment was adopted.

The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2676 would transfer the Security office under the Division of Culture and History to the Division of Protective Services. Security for all Capitol Complex properties would be under the Division of Protective Services. The director of the Division of Culture said the bill would be fine, so long as his employees wouldn’t lose their jobs, and there would be better security. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2939 relates to the sale of items in the State Police Academy post exchange to the public. There would not be any official State Police attire being sold in the post exchange, mostly just T shirts and hats. There would be no badges or blue lights. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2949 would exempt specified Division of Natural Resources’ contracts for some replacement, repair or design for repairs to facilities from review and approval requirements. Senators Gaunch and Sypolt expressed their concern about the division of purchasing and that it may be worth studying. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2948 would establish timelines for taking final action on certain permits. Currently the permit applications don’t have time requirements. The bill would make it so that the permits that don’t have issues need to be finished in 30 days and those that do have issues in 90 days. The bill was reported to the Senate floor with the recommendation that it pass.

Senate Health Committee Reports Eight Bills to the Floor

Senate Committee

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March 30, 2017

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The Senate Committee on Health and Human Resources met to report eight bills out of the committee.

House Bill 2522 relates to a nurse licensure compact.

Sue Paynter, director of the IN board, said the bill is important so nurses could get a multi-state license. This would make it so nurses who work in Kentucky and live in West Virginia wouldn’t have to get two separate licenses.

Someone speaking against the bill said the bill would make background checks and proper punishment for malpractice more difficult to administer. If they have a multi-license, then nurses don’t have to report where they are working to the compact.

Senator Maroney (R-Marshall) said, “I think that each individual employer will check their employees background. I support the bill.”

The bill was reported to the Senate floor with the recommendation that it pass but it was first referred to the Committee on Judiciary.

House Bill 2724 relates to creating a pilot program under the Herbert Henderson Office of Minority Affairs. This pilot program would address poverty, drug abuse and other problems. The bill was reported to the Senate floor with the recommendation that it pass but first be reported to the Committee on Government Organization.

House Bill 2518 creates a legislative rule to permit a pharmacist or pharmacy intern to administer certain immunizations. The vaccines included are HPV and Influenza.

Senator Rucker (R-Jefferson) asked if there were provisions for informed consent and there are.

The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2653 would extend the date of use of the Multi State Real-Time Tracking System. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2739 relates to supplemental Medicaid provider reimbursement. An amendment offered by council was adopted. Senator Trump (R-Morgan) moved to amend the amendment and it too was adopted. The bill was then reported to the Senate floor with the recommendation that it pass.

House Bill 2519 relates to a Medicaid program compact. This bill would make an inquiry to surrounding states about creating a Medicaid compact with them. The bill was reported to the Senate floor with the recommendation that it pass.

House Bill 2119 would repeal West Virginia Health Benefit Exchange Act. The West Virginia Health Benefit Exchange has never been operational as its duties were carried out by the federal government. The bill was reported to the floor with the recommendation that it pass.

House Bill 2188 would extend the length of time for the special Community-Based Pilot Demonstration Project to Improve Outcomes for At-Risk Youth. The bill would change the duration of the project from four to seven years. Federal funding is available to the project and no state money goes to it. The bill was reported to the floor with the recommendation that it pass.

Senate Overrides Veto on Bill Related to WV Workplace Freedom Act

Senate Floor Session

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March 30, 2017

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The Senate has overridden a veto by Governor Jim Justice on a bill that would provide technical corrections to the definitions of the West Virginia Workplace Freedom Act and repeal provisions relating to the statutory construction of the act.

The veto for the bill, SB 330, was overridden with a 21-12 vote.

The Senate also passed a bill that would clarify certain requirements of the certificate of need process.

The bill, HB 2459, will now be sent back to the House for approval of amendments made by Senate Health and Human Resources and Senator Tom Takubo, R-Kanawha.

Members of the Senate adopted three Senate resolutions and two House concurrent resolutions.

SR 62 designates today as Marshall University Day at the Capitol.

SR 63 congratulates the Wyoming East High School golf team for winning the 2016 Class AA State Championship.

SR 64 congratulates the Herbert Hoover High School boys’ basketball team and cheerleading team for outstanding athletic achievement.

HCR 109 extends the Committee of Conference relating to consideration of the committee substitute for HB 2099.

HCR 110 extends the Committee of Conference relating to consideration of the committee substitute for HB 2028.

Senator Greg Boso, R-Nicholas, requested that SCR 46 be referred to the Senate Rules Committee. The Senate concurrent resolution would request a study on consumer complaints regarding safety of aftermarket crash parts.

House Bills 2679, 2721, 2722 and 3106 were advanced from second reading. Of those bills, three were amended.

Senator Charles Trump, R-Morgan, amended HB 2679 on behalf of the decisions of the Senate Judiciary Committee.

Senator Mike Hall, R-Putnam, amended HB 2721 to clarify language and remove certain limitations provided in the bill that could affect certain ongoing infrastructure projects in the state.

Senator Greg Boso, R-Nicholas, amended HB 2722 to apply certain provisions of similar bill SB 417 to the House bill, since the Senate bill did not pass the floor.

Committee Meetings Today

Health and Human Resources: 1 p.m. in 451M

Government Organization: 2 p.m. in 208W

Education: 2 p.m. in 451M

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Committee Meetings Tomorrow

Pensions: 8:30 a.m. in 451M

Judiciary: 9:30 a.m. in 208W

Finance: 9:30 a.m. in 451M

Confirmations: 1 p.m. in 208W

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

Greyhound Bill moves on to Third Reading

House Floor Session

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March 30, 2017

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The House of Delegates convened today and passed three bills.

SB 113 would authorize the Department of Environmental Protection to issue a legislative rule relating to Awarding of Matching Grants for Local Litter Control Programs. The bill passed 98-0 and will now go to the Senate for more consideration.

SB 362 would permit the redirection of the deposit of revenues collected from certain surcharges and assessments on workers’ compensation insurance policies and derived from net terminal income funds by the Governor through executive order to the General Revenue Fund. The bill passed 72-27 and will now go to the Senate for more consideration.

SB 419 would authorize the creation of special revenue accounts in the State Treasury for the deposit of Division of Labor fees. The bill passed the House 94-5 and will now go to the Senate for more consideration.

HB 2933 was tabled.

There were 16 bills on second reading, of those:

SB 437 discontinue the West Virginia Racing Commission special account known as the West Virginia Greyhound Breeding Development Fund and to transfer all moneys in the West Virginia Greyhound Breeding Development Fund to the State Excess Lottery Revenue Fund for appropriation by the Legislature.

Committee Meetings Today

Health and Human Resources: 2:30 p.m. in 215E

Finance: 3 p.m. in 460M

Judiciary: 4:30 p.m. in 410M

Committee Meetings Tomorrow

Gov. Org.: 9 a.m. in 215E

Finance: 9 p.m. in 460M

Judiciary: 9:30 a.m. in 410M

Education: 9:30 a.m. in 434M

Veterans Affairs: immediately after floor session in 215E

There will be a Public Hearing on SB 212 in the House Chamber tomorrow at 8:30 a.m.

The House is recessed until 5 p.m.

Update:

The House received the messages and committee report. The message from the Senate about their passage of SB 386, the authorization of medical marijuana in West Virginia, was received.

Delegate Mike Folk (R-Berkeley) motioned that the committee references be dispensed with and the bill be taken up for first reading. There was lengthy discussion on the motion.

Delegate Charlotte Lane (R-Kanawha) stood in support of this motion. She said, “This is our only chance” to see medical marijuana to be legalized for those who are suffering.

Delegate Mike Caputo (D-Marion) said, “We’ve been running away from this issue for way too long.” He said it’s time to show the people of West Virginia they are cared about.

Delegate Isaac Sponaugle (D-Pendleton) said, “It’s been vetted in Senate Judiciary and Health.” He reminded the body if they voted no, this would be the second time it would be on record for their constituents to see.

Delegate Cindy Frich (R-Monongalia) stood in opposition of the motion, insisting that it go through the committee process. She said, at this point we should be focused on the budget, not medical marijuana.

Delegate Jordan Hill (R-Nicholas) supported the bill, saying “I’m voting for this motion for the seniors suffering, the children in the hospital, and the vets who need it.” He said, this bill “gives us the chance to represent our constituents.”

Delegate Joe Ellington (R-Mercer) said he didn’t support the motion because it should go through the committee process and that he would run it in committee.

Delegate Tom Fast (R-Fayette) said people need to realized it does more than just legalize medical marijuana. It sets up commissions, rule making, dispensaries, and criminal penalties.

Delegate Larry Rowe (D-Kanawha) stood and reminded people this isn’t just a procedural issue, as he recited House rules 73 and 74. He said, “The rules of the House are not as limited as they seem.”

Judiciary Chair John Shott (R-Mercer) stood against the motion. He recalled how California’s medical use evolved into total legalization. He compared growers in this bill with pill mills. He also said the bill could be in conflict with federal law.

Majority Leader Daryl Cowles (R-Morgan) listed the reasons why we should go through the committee process. They included, talking to experts in the field, such as law enforcement and doctors. He said, this bill needed to be properly vetted through the committee process.

Delegate Pat McGeehan (R-Hancock) said “we know it was double referenced to kill the bill.” He said he wished people would be more honest about procedures and realize that this is an important issue in the state.

Minority Leader Tim Miley (D-Harrison) said, “This issue hasn’t been prioritized.” The Senate prioritized it, the constituents think it’s a priority, and that it’s time for the House to make it a priority.

Folk closed debate saying that a person should have a certification for medical use. He pointed out how this could help our veterans. He said, “This is a good bill; it’s been vetted in the Senate.” The bill wouldn’t be made effective until July 2018.

The motion was adopted 54-40 and the bill was read for a first time.

The House is adjourned until 11 a.m. tomorrow.

Banking and Insurance Discuss SB 522

House Committee

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March 30, 2017

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The House Banking and Insurance Committee met today to discuss SB 522.

SB 522 would define audit procedures between pharmacy benefits managers and pharmacies. The bill would require pharmacy benefits managers to register with the Insurance Commissioner and pay a registration fee. The Insurance Commissioner would be authorized to propose legislative rules relating to pharmacy benefits managers.