Sunday, December 22, 2024
Sunday, December 22, 2024

House Legislation Feb. 25-March 1

As of 5 p.m. on Friday, March 1, the House of Delegates has introduced 1,142 bills. Of those bills, the House of Delegates has had consideration of and passed 215 bills.

House Bill 2011 was passed by the House of Delegates after a lengthy discussion regarding the scope of privatization in the implications of the bill. This bill would create a program in the state known as the Road Maintenance Program that would allow for and encourage a program in every district of the state to contract out with private contractors in order to perform road maintenance within that district. The WV Division of Highways and Legislative Auditor would oversee the efficacy of this bill if it were to pass. The Road Maintenance Program would aim to solve for the abundance of road work projects, however, several members were concerned about the amount of contracting the Division of Highways would do out of the state of West Virginia.

House Bill 2014 would create the WV Intellectual Property and Trade Secrets Act, which would strengthen protections for items created of commercial value. The bill would add a formula definition of intellectual property, adds provisions to protect employment nondisclosures, and provides criminal and civil penalties for violations.

House Bill 2049 would provide protections for prime contractors in regards to wages and benefits. If an employee believes that they haven’t been paid the proper amount of wages by the prime contractor, they would have to first notify the prime contractor of the discrepancy and then give them notice and provide them with verifiable proof, such as a check stub. They must also give the contractor time to remedy the lack of payment before taking court action.

House Bill 2378 would allow the revocation of state teaching licenses from individuals who have been convicted of a crime requiring them to register as sex offenders, or individuals who have been convicted of a crime regarding the possession or transfer of a controlled substance.

House Bill 2396 would create the WV Fresh Food Act. This bill would require all state funded institutions to purchase a minimum of 5% of fresh food from West Virginia. The intent of this bill is to stimulate economic growth for the state’s agricultural industry.

House Bill 2497 would issue more protections for whistleblowers in the state of West Virginia. It codifies the protection of West Virginia whistleblowers, and mandates that they cannot be passed up for a raise or promotion because of their status as a whistleblower, and they cannot be prohibited from taking part in political or union activities.

House Bill 2617 would require the Insurance Commissioner to provide for the use of electronic means of delivery and electronic signing of the form for making an offer of optional uninsured and underinsured motorist coverage by insurers.

House Bill 2991 would require the WV Office of Drug Control Policy within the DHHR to conduct an assessment of WV’s system of care for treatment and recovery services for substance use disorder. This assessment will be used to find gaps in the treatment and recovery services for substance use disorders. Money found in these assessments will be allocated to the Ryan Brown Fund.

House Bill 3020 would allow an institutional governing board, the Higher Education Policy Commission or the Community and Technical College Council to enter into a contract for materials, goods, equipment, services, printing, facilities, or financial services with an affiliated nonprofit corporation in the state.

House Bill 3131 would give the Department of Health and Human Resources the authority to use existing funds to make salary adjustments and increase the salary ranges for certain employees, such as CPS workers.

House Bill 2079 would increase the maximum number of cannabis grower, processor and dispensary permits. The bill would also remove the requirements that licenses be limited in regions of the state. It would increase the increase the maximum number of cannabis dispensers to 165 in the state. Additionally, the bill would allow for vertical integration due to an amendment that was passed yesterday that allows one entity to own ten dispensaries in the state.

House Bill 3142 would reduce the severance tax on thermal or steam coal to two percent cumulatively over the course of two fiscal years and eliminate some of the restrictions on counties and municipalities expending and reporting the expenditure of the county and municipality portion of the severance tax.

House Bill 2941 is an altered version of the film investment tax credit that was repealed by the Legislature last year. This bill would create a refundable tax credit for direct production expenditures and post production expenditures incurred in West Virginia that are directly attributable to the production in West Virginia of a feature length theatrical or direct-to-video motion picture, a made-for-television motion picture, a commercial, music video or television show.

House Bill 2519 is the Campus Self-Defense Act. This bill would allow a person who holds a current and valid license to carry a concealed deadly weapon to carry such a weapon on the campus and in the buildings of a state institution of higher education.

Senate Bill 440 would update the definition of hazing to include any organization whose members include students at any state public or private institution of higher learning. The bill also creates a misdemeanor criminal penalty for this updated provision.

Senate Bill 453 would give the Division of Financial Institutions more flexibility to accept alternative forms of valid background checks. The passage of the bill would provide that the Commissioner may use alternate acceptable forms of international information for background checks for potential employees who are not residents of the United States.

Senate Bill 510 would amend the WV Medical Professional Liability Act. It would mandate that a medical malpractice case cannot be pursued in WV courts until a proper claim is issued that formally advises the medical provider being accused of the liability and the evidence upon which the accusation is based.

Noteworthy Bills Being Considered in the House:

Senate Bill 3 would establish the West Virginia Small Wireless Facilities Deployment Act and provide for access to public rights-of-way for the collocation of small wireless facilities. Senate Bill 3 would also provide for the collection of fees and also sets the amount of fees. The bill also lays out requirements for how the state can regulate pole attachments.

Senate Bill 10 is a bill that would mandate that court-ordered restitution to victims of a crime is not subject to the administrative cost off-set provision of the Second Chance Driver’s License Act. The Second Chance Driver’s License Act is a state program that allows for the temporary reinstatement of an individual’s driver’s license that has been suspended or revoked due to failure to pay court restitution as a result of a motor vehicle violation or has failed to appear in court when charged with a criminal offense. This bill would eliminate the administrative overhead cost associated with the program.

Senate Bill 153 is a bill to provide greater flexibility for making infrastructure project grants. The bill would increase the maximum amount of grant funding from 20 percent to 25 percent. Additionally, the bill would increase the maximum amount of aggregate state funding from $100,000 to $500,000 annually. This money, which comes from the WV Lottery, would be intended to provide more flexibility and more time efficiency for state infrastructure projects.

Senate Bill 190 was another bill advanced during today’s Technology and Infrastructure meeting. This bill would update the Division of Highways payment plan and amends their employment procedures pursuant to the new payment plan.

Senate Bill 297 would extend expiration of military members’ spouses’ driver’s licenses for six months after active military duty. Currently, military members are able to extend the expiration of their driver’s licenses for six extra months after they are finished with their active duty activities. This bill would extend that provision to their spouses, allowing them to do the same thing.

Senate Bill 542 would permit an applicant who qualifies for both a military-related exempt and non-exempt vehicle plate, to choose one non-exempt plate instead of one exempt plate without having to pay registration fees. This would allow qualifying individuals to choose to have a plate exemptible that is usually not exemptible.

Senate Bill 30 is a bill that would eliminate the 1% tax on the annuity that is currently collected by life insurers in the state of West Virginia. A committee amendment adopted at the beginning of the meeting would make the passage of this bill effective in the fiscal year of 2020, so the proposed budget would not have to allocate for the fiscal impact in this year’s budget.

Senate Bill 340 would repeal part of the Insurance Code referring to the WV Physicians Mutual Insurance Company that is no longer needed. The bill would repeal Article 20E in the code, which is deemed obsolete. Article 20E, enacted in and unchanged since 2001, created a mechanism to provide medical professional liability insurance to health care providers who are unable to secure such coverage at approved rates through the voluntary market.

Senate Bill 318 would move West Virginia’s Medicaid Fraud Control Unit from the Office of the Inspector General to the Attorney General’s Office.

Senate Bill 520 would require the timely reportage of drug overdoses in the state within 72 hours of the overdose happening. This bill would require first responders and emergency medical service personnel to report drug overdoses after responding to them, so that the DHHR may gather accurate data and help citizens receive help. The current rule mandates quarterly reportage, this would update that to 72 hours.

Senate Bill 668 would to provide requirements for physician assistants who are collaborating with physicians in hospitals. The bill requires written notice to the appropriate licensing board, requires rulemaking, and specifies practice requirements.

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