Page 230 – Wrap Up

Fire Service Fees Bill Approved in Senate Government Organization

Senate Committee

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March 21, 2017

The Senate Government Organization Committee has approved six bills to be reported to the full Senate with the recommendation that they pass.

SB 74 would allow fire departments to charge fees for service calls.

Vivian Parsons, executive director of the West Virginia County Commissioners Association, said she had “a little bit of concern” about

Senator Douglas Facemire, D-Braxton, proposed an amendment to the bill that would require homeowners insurance policies to cover fire service fees in residential situations. The amendment was rejected.

Jill Rice of the West Virginia Insurance Federation was available to answer questions from members of the committee.

SB 433 would permit counties to increase the excise tax on the privilege of transferring real property.

The fiscal not for the bill shows there would be an increase in County Commission revenues of up to $5.1 million if all fifty-five counties increased their rate.

Parsons said the West Virginia County Commissioners Association “wholeheartedly” supports passage of the bill.

SB 602 would create a uniform system of recording and indexing of fictitious names used by sole proprietors in this state.

Steve Connolly, deputy Secretary of State, was available to discuss the provisions of the bill with members.

Patty Hamilton of the West Virginia Association of Counties, said the Association approves of the bill.

SB 658 would establish a procedure whereby mobile and manufactured homes may be retitled provided certain conditions are met.

Andy Gallagher, executive director of the West Virginia Housing Institute, said the Institute had no objections to the bill.

Gallagher said all surrounding states already have passed similar bills.

Committee counsel spoke on behalf of the Division of Motor Vehicles to share their concerns toward the “over-burdensome” nature of the bill.

Senator Craig Blair, R-Berkeley, Chair, formed three subcommittees to evaluate Senate Bills 534, 502 and 294.

Senator Corey Palumbo, D-Kanawha, will serve as Chair, and Senators Ed Gaunch, R-Kanawha, and Tom Takubo, R-Kanawha, will serve as members in a subcommittee to look at SB 534, which would create incentives for local governments to consolidate in an effort to save money on local services.

Senator Glenn Jeffries, D-Putnam, will serve as Chair, and Senators Ryan Weld, R-Mercer, and Randy Smith, R-Tucker, will serve as members in a subcommittee to look at SB 502, which would permit the West Virginia National Guard to contract out and hire persons to perform specialized technical services.

Senator Ronald Miller, D-Greenbrier, will serve as Chair, and Senators Ed Gaunch, R-Kanawha, and Dave Sypolt, R-Preston, will serve as members in a subcommittee to look at SB 294, which would create the Community Sustainability Investment Pilot Program as a matching grant program to foster the development of creative communities in West Virginia.

The committee will meet at 8:30 a.m. Wednesday in 208W, where they will pick up with Senate Bills 408 and 412.

Juror Striking Bill Rejected in House Today

House Floor Session

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March 21, 2017

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Today the House of Delegate met today. Eight bills passed and one bill was rejected.

HB 2402 would create a special procedure for a person in possession of an abandoned antique vehicle to apply for and receive title to the vehicle and to create a procedure for the DMV to search for the owner of the vehicle to provide notice of an application for the title to the vehicle. This bill passed the House on a 98-1 vote. The bill will now be sent to the Senate for more consideration.

HB 2471 would require that on and after January 1, 2018, insurance coverage for breast cancer screening be provided by the Public Employees Insurance Agency, accident and sickness insurance providers, group accident and sickness insurance providers, health care corporations, and health maintenance organizations. The bill passed 96-5 in the House and will now be sent to the Senate for further consideration.

HB 2637 would extend the time a retired teacher could work as a substitute teacher post-retirement limit in areas of critical need and shortage to June 30, 2020. The bill also adds speech pathologists and school nurses under these provisions. The bill passed 99-0 and was sent to the Senate for more consideration.

HB 2738 would provide more flexibility in the employee transfer process. It would remove the April 1 deadline for notifying the employee that he or she is being considered for a transfer. It would require a statement of reason for the transfer. The bill passed 56-43 in the House and will now be sent to the Senate for consideration.

HB 2767 would authorize the Secretary of State to transmit electronic versions of undeliverable mail to the circuit clerks of the state to minimize agency costs and streamline processes for the state. The bill passed 98-0 in the House and will be sent to the Senate.

HB 2797 would clarify that there is statutory immunity for government agencies and officials from actions of third-parties using documents or records of governmental agencies for unlawful acts. The bill passed the House 95-5 and will now be sent to the Senate.

HB 2798 wouldclarify provisions relating to candidates unaffiliated with a political party as it relates to certificates of announcement, preventing potential candidates registered as members of a political party from using the provisions of the section to seek candidacy for office. The bill passed the House 94-4 and will now be sent to the Senate.

HB 3030 would clarify that appeals to the Supreme Court are a matter of right and that every party has an opportunity to be heard. The bill passed the House 96-2 and will now be sent to the Senate.

HB 2828 would have decreased the number of strikes a defendant has in a criminal proceeding from six to four from a panel of potential jurors and increased the number of strikes the prosecution has from two to four. Delegate Sponaugle (D-Pendleton) said it is the people’s right to strike jurors and that it should not be easy to put people in the Penitentiary when he stood in opposition of the bill. The bill was rejected in the House 40-56.

During the Remarks by Members, Delegate Dean (R-Mingo) stood and said he supported our current education standards and that it was time to trust our teachers. There have been countless hours and plenty of money put into the current standards.

Delegate Kessinger (R-Fayette) stood and spoke about how it has been a tough session. She said everyone should be working together “for our state to live within its means.”

Committee Meetings Today

Prevention and Treatment: After caucus in 215E

Health and Human Resources: 15 minutes after Prevention and treatment in 215E

Finance: 3 p.m. in 460M

Gov. Org.: 4 p.m. in 215E

Sub-Committee on 2002: 4:45 p.m. in 410M

Committee Meetings Tomorrow

Finance: 9 a.m. and 2 p.m. in 460M

Sub-Committee on K-12: 9 a.m. in 434M

Judiciary: 9:15 a.m. in 410M

Rules: 10:45 a.m. behind House Chamber

Education: 2 p.m. in 434M

Gov. Org.: 2 p.m. in 215E

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

Senate Energy, Industry and Mining Report Bill Relating to Above Ground Storage Tanks

Senate Committee

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March 21, 2017

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The Senate Committee on Energy, Industry and Mining met today to discuss one bill, HB 2811.

House Bill 2811 relates to the definition of above ground storage tanks. Tanks of 10,000 gallons or less and not located in the zone of critical concern would be exempt from certain proceedings. The zone of critical concern is 1,000 feet from principle stream. Signage and provisions remain same for those not exempted. Oil tanks in the drilling process still have to follow the current rules as well.

The bill was reported to the full senate with the recommendation that it pass with no discussion in the committee.

There are two bills in subcommittees but once the scheduling conflicts are resolved, the committee intends on discussing them.

Senate Health Approves SB 402

Senate Committee

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March 21, 2017

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The Senate Health and Human Resources Committee has approved a bill that would generally prohibit covenants from competing between physicians and hospitals.

Senator Tom Takubo, R-Kanawha, Chair, answered questions from the committee about the bill, SB 402.

The bill will be referred to Senate Judiciary once reported to the floor.

Senate Completes Legislation on Step Therapy Bill

Senate Floor Session

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March 21, 2017

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The Senate has completed legislation on a bill that would regulate the use of step therapy protocols by providing a simple and expeditious process for exceptions to the protocols that the health care provider deems not in the best interests of the patient.

The bill, HB 2300, was originally passed last year by former governor Earl Ray Tomblin but was voided due to technical issues with the bill, which have since been corrected.

The Senate also passed 12 bills to be sent to the House for further consideration.

SB 27 would permit home-based, micro-processing foods to be sold at farmers markets.

SB 36 would add sales of gasoline, diesel fuel and blended fuel to the list of products exempted from the Unfair Practices Act.

SB 216 would prohibit the exclusion, modification or limitation of any warranty or remedy in the sale of used motor vehicles, specifically pertaining to “as is” motor vehicle sales. This bill will be made effective from passage.

SB 219 would create a criminal offense to hold all participants involved in a conspiracy to violate the drug laws responsible.

SB 341 would establish a West Virginia business growth in low-income communities tax credit.

SB 468 would remove restrictions on where KENO theme lottery games may be played, specifically, games that utilize an electronic computer and video screen to operate a lottery game and communicate the results thereof, such as the game “Travel,” and do not utilize an interactive electronic terminal device allowing input by an individual player.

SB 480 would authorize local units of government to adopt local energy efficiency partnership programs and to create districts to promote the use of energy efficiency improvements by owners of certain real property, and provide for the financing of such programs.

SB 547 would generally modify fees to be paid to the Secretary of State.

SB 548 would provide for the specific escheat of United States savings bonds and all rights and legal title thereto and define terms.

SB 564 would modify the West Virginia Independent Living Act and provisions relating to the statewide Independent Living Council to conform to requirements of the federal Rehabilitation Act of 1973, as amended.

HB 2447 would rename the Court of Claims the state Claims Commission, among other modifications.

HB 2766 would establish a new special revenue fund to collect and remit moneys to the Adult Drug Court Participation Fee Fund in the state to maintain and administer the state’s adult drug court programs.

Members of the Senate also adopted SR 44 to designate today as Down Syndrome Awareness Day at the Capitol, SR 45 to also designate today as Preston County Day at the Capitol, SR 46 to recognize Leadership Jefferson and SR 47 to celebrate the achievements and contributions of Monongalia County.

Senate Bills 243, 288, 339, 360 and 398 were advanced from second reading.

Of those bills, Senator Ron Stollings, D-Boone, made an amendment to SB 360 to have a dietician added to the diabetes coalition provided in the bill.

Committee Meetings Today

Energy, Industry and Mining: 2 p.m. in 208W

Health and Human Resources: 2 p.m. in 451M

Government Organization: 3 p.m. in 208W

Education: 3 p.m. in 451M

Judiciary: 4 p.m. in 208W

Finance: 4 p.m. in 451M

Transportation and Infrastructure: following adjournment of Senate Finance and Senate Judiciary in 451M

Judiciary: 6-8 p.m. in 208W

Committee Meetings Tomorrow

Government Organization: 8:30 a.m. in 208W

Interstate Cooperation: 10 a.m. in 451M

Workforce: 10 a.m. in 208W

Agriculture and Rural Development: 2 p.m. in 208W

Judiciary: 3 p.m. in 208W

Finance: 3 p.m. in 451M

Tax Reform: 5:30 p.m. in 451M

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

Bill Removing Financial Limitations on DOH Projects Approved in Senate Transportation

Senate Committee

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March 21, 2017

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The Senate Transportation and Infrastructure Committee has approved a bill that would remove the financial limitations on how many design build projects may be undertaken by the Division of Highways.

The bill, SB 417, was created as part of Governor Jim Justice’s infrastructure plans.

Currently, no more than $50 million a year up to an aggregate of $150 million may be expended for design build projects.

Mike Clowser, executive director of the Contractors Association of West Virginia, spoke in favor of the bill’s passage.

Tom Smith, secretary of the West Virginia Department of Transportation, was available to answer questions from committee members.

Michael Haid, executive director of the West Virginia Society of Professional Engineers, said the current road system has failed and “is getting worse,” and the bill would help to fix that.

The bill contains a second reference to Senate Finance once reported to the floor.

The committee is recessed until 10 minutes after Senate Finance and Senate Judiciary adjourn this evening.

House Judiciary Approves There C.S.I. Bills in Morning Meeting

House Committee

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March 21, 2017

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House Judiciary met this morning.

HB 3022 would require the reporting of fraud and misappropriation of funds to the Legislature’s Commission on Special Investigations. The Commission on Special Investigations (CSI) is a year round committee that looks into allegations of fraud. Often times when an employee commits fraud the company or business will quietly let them go, this bill would require the report of the employee’s fraud. The bill will be reported to the floor with recommendation that it do pass.

SB 247 would authorize a prosecuting attorney to designate and deliver grand jury records to law-enforcement officers or investigators for investigative purposes. The bill will be reported to the floor with recommendation that it do pass.

SB 248 would clarify the composition and chairmanship of the Commission of Special Investigations. It is chaired by the President of the Senate and the Speaker of the House. The members consist of four delegates and four senators, with no more than two from the same party from each legislative body. The bill will be reported to the floor with the recommendation that it do pass.

HB 2948 would require certain state agencies to take final action on certain completed permit applications within thirty days if uncontested, or ninety days if contested, unless other timelines exist. Agencies include agriculture, traffic regulations, natural resources, labor, commercial motor carriers, trade, fire prevention, and volunteers for non-profit youth organizations. Public health was amended out of the bill by Delegate Fleischhauer (D-Monogalia). The bill will be reported to the floor with recommendation that it do pass.

House Finance Reports Race Track Modernization Fund Elimination Bill

House Committee

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March 21, 2017

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An Originating House Bill was taken up today by the House Committee on Finance.

The Originating House Bill would take the four percent of taxes that are generated from race tracks and casinos up until $17.5 million and make it so that it no longer goes into a Modernization Fund for the race tracks and casinos.

The race track and casino Modernization Fund provides funds so the tracks are able to upgrade their machines to compete with the other states’ tracks and casinos. However, the limited Video Lottery retailers, where most of these funds are originating, are only taxed at about 52 percent.

A representative from the race tracks said the fund has helped them keep that level up on the competition. Also the majority of the funds go to upgrading the machines. He also said 80 to 90 percent of players are from out of state and the modernization fund will help to keep the tracks competitive with the out of state ones.

Delegate Gearheart (R-Mercer) asked, “Are there any other industries that get tax dollars to stay competitive?”

Council said there weren’t any.

Delegate Longstreth (D-Marion) asked, “Where are the employees coming from?”

Council said that the employees are primarily from West Virginia.

The bill was moved to be amended by Delegate Rowe (D-Kanawha) to direct the first $2 mill to go to the Library Commission that would be directed to general revenue. The amendment was rejected after encouragement to run the amendment as a separate bill.

The House Bill Originating was reported to the floor with the recommendation that it do pass with a close vote of 14 yeas and 11 nays.

Senate Judiciary Lays Over Election Financing Reform Bill

Senate Committee

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March 21, 2017

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

SB 76 would create the West Virginia Second Chance for Employment Act, which would expand eligibility for criminal expungement to persons convicted of certain nonviolent felonies in order to help them obtain better employment opportunities.

The bill was previously reported out of Senate Economic Development with the recommendation that it do pass.

Senator Ryan Weld, R-Brooke, amended the bill to exempt those convicted of soliciting a minor for sexual acts and those convicted of conspiracy in murder, as well as another to disclose certain related expenditures.

Several members voiced their support for the bill’s passage in both the Senate and the House.

SB 538 would allow the Board of Parole to require parolees to engage in alcohol or antagonist drug opioid therapy as a special condition of parole when recommended by the Commissioner of Corrections.

Stacy Norwicki-Eldridge of the Division of Corrections said the division approved of the bill. She also answered questions for members of the committee related to how the division would carry out the provisions of the bill.

A third bill, SB 539 ,would make significant revisions to the law regulating election financing by modifying provisions relating to receipts and expenditures in elections, electioneering communications, reporting requirements and financial statements, among other modifications. After long discussion, the bill was held over for a future meeting.

Parental Notification Bill sent to Sub-Committee

House Committee

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March 20, 2017

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House Bill 2002 was discussed today in a public hearing. People from around the state addressed the committee with their personal stories, opinions, and facts about parental notification in regards to a minor seeking abortion.

Those who supported HB 2002 believe that stronger notification laws would help communications between minor and parent, help discover cases of sexual assault and abuse, and protect young women.

Those who oppose HB 2002 believe that the current law is strong enough and any stronger law is unnecessary. They believe that if passed, this bill would put young women at risk of getting “backdoor” abortions, an illegal and unsafe abortion which could lead to complications or death for the young woman. They also pointed out that only four minors had notification waivers in 2015 and 92 percent of West Virginia teens notify themselves about having abortions.

HB 2002 would strength laws requiring parental notification of abortions on minors, who are not emancipated. The bill was referred to a subcommittee.

HB 2850 would limit the product liability action against the seller to the manufacturer of the product. This is to protect the “mom and pop” shops from being liable for product issues and holds the manufacturer accountable for the issue. This would include car dealers; the car manufacturer would be held accountable, but a dealer may not be. Committee Substitute was approved and will be reported to the full house.

HB 2966 would create the West Virginia Sentencing Commission. The members would serve without compensation. The members would consist of: two delegates appointed by the Speaker of the House, two senators appointed by the President of the Senate, five current or retired circuit judges, magistrates, or municipal judges appointed by the Governor, two West Virginia citizens appointed by the Governor, the Chief Justice of the West Virginia Supreme Court of Appeals, one county prosecutor and one public defender appointed by the Governor.

Delegate Byrd (D-Kanawha) amended the bill to focus on drug recovery as well as sentencing due to the addiction problem in the state. Delegate Fleischauer (D-Monongalia) amended the bill to state the attorneys would be selected by the President of the West Virginia Bar Association. Delegate Pushkin (D-Kanawha) amended the bill to state that the West Virginia Association of Alcoholism and Drug Abuse Counselors President would appoint two members to serve on the commission. All amendments were adopted. The bill was approved and will be reported to the floor.

HB 2520 would prohibit minors (those under the age of 18) from using tanning devices. The bill was approved by the committee and will be reported to the full House.

HB 2679 would permit the carrying of a concealed, uncased firearm within state parks and park facilities for self-defense; county park commissions cannot prohibit it in state parks. This does not apply to recreational areas of the park. For example, you cannot have the firearm in the pool area, but you can have it in the park area. The bill will be reported to the full house with the recommendation that it do pass.

HB 3018 would add correctional employees to the list of persons against whom an assault is a felony. The bill also states that an incarcerated person commits a crime against a correctional employee will serve consecutive sentences. The bill will be reported to the floor with recommendation that it do pass.