thejoellegates.files.wordpress.com€¦ · Web viewWest Virginia Legislature 84th Regular Session . Legislative Information Journalism Internship 2019. Joelle Gates. Table of Contents

Legislative Information Journalism Internship 2019

West Virginia Legislature 84th Regular Session Legislative Information Journalism Internship 2019Joelle Gates

Table of Contents Week One ………………………………………………………………….. 8-17January 15 - 18Week Two ………………………………………………………………… 19-28January 21 - 25Week Three ……………………………………………………………….. 30-39January 28 – February 1Week Four …………………………………………………………………40-44February 4 - 7Week Five ………………………………………………………………….48-57February 11 - 15Week Six ……………………………………………………………………58-66February 18 - 22Week Seven ………………………………………………………………. 68-81February 25 – March 2Week Eight ………………………………………………………………... 82-95March 4 – 9Wrap-Up Article …………………………………………………………….. 98

Internship Overview

January 10, 2019

· Senate Judiciary

Senate Judiciary Committee Updated on State Revenue

West Virginia set a record with $184.9 million in budget surplus in the 2018 fiscal year and revenue projections are projected to increase by 2.05 percent in the upcoming fiscal year, Revenue Secretary Dave Hardy told legislators Thursday.

In Thursday’s meeting of the Senate Judiciary Committee, Hardy and Mike Cook, director of the State Budget Office, presented updated revenue projections.

Hardy forecasted the 2019-2020 revenue projection to increase by 2.05 percent.

“That’s a very conservative revenue estimate,” Hardy said. “It’s a good revenue estimate. Even though times are good, we’re not trying to go out there and overestimate next year’s revenue.”

Hardy said the state set a record with $184.9 million budget surplus in 2018 which can now be used throughout the state.

“It’s great for everyone,” Hardy said. “The administration and the Legislature now has some money to work with.”

Hardy also addressed the committee about issues discovered in October surrounding the Louis A. Johnson Veterans Affairs Medical Center. Hardy said the Department of Revenue purposed a supplemental one-time infusion of funds to get the VA hospital “back on its feet.”

Cook addressed the committee with a six-year plan and said that the 2019 general revenue is $185.9 million above the estimate established in Dec. of 2018.

Cook said that because of an increase in general revenue, the state now has one of the best Rainy-Day Funds in the country.

The committee also introduced the following bills and motioned to report them to the full Senate:

· Senate Bill 24, relating to local boards of health.

· Senate Bill 28, removing hotel occupancy tax limit collected for medical care and emergency services.

· Senate Bill 36, allowing adjustment of gross income for calculating personal income liability for certain retirees.

· Senate Bill 106, alleviating double taxation on foreign income at state level.

· Senate Bill 10, relating to Second Chance Driver's License Program.

· Senate Bill 27, removing restrictions on where certain traditional lottery games may be played.

Senate Bill 13, which changes the distribution of racetrack video lottery net terminal income, excess net terminal income, and excess lottery fund, was laid over.

· Senate Finance

West Virginia Employment Projected to Rise by 2.2 Percent.

The Senate Committee on Finance convened for a Budget Presentation 9:30 a.m. Thursday, Jan. 10.

Mark Muchow, deputy secretary of revenue, updated committee members on the past fiscal year and presented a forecast for the approaching months.

Muchow said that since 2016, the state’s economy has seen growth which can be accounted to major pipeline investments, the Governor’s Road to Prosperity Program, a general revenue growth of 1.5 percent in the first part of the 2019 fiscal year and a 20% total increase in coal production since 2016.

As the national employment rate is predicted to rise by 4.9 percent, Muchow said that the state’s employment rate will rise by 2.2 percent despite above average employment growth in the construction sector. Muchow said that demographics continue to hinder WV’s workforce.

In addition to a rise in WV’s employment, Muchow said that wages within the state will approach the national average following a decline in 2018.

In the presentation Muchow also said that personal income taxes will see an average annual growth of 9.1 percent from 2018-2024 while consumers sales tax will experience an average annual growth of 3.5 percent from 2018-2024.

Muchow’s final baseline forecast predicted a good fiscal year for 2019 which could see a slowdown in economic growth and a possible recession in 2020 following a slowdown in the state’s oil and natural gas industries.

Despite a possible recession, Muchow said that the state grew 3-4 percent in coal production while production in surrounding states declined. Muchow said a surge in state exports, such as coal, help money build up and improve economic growth.

January 14, 2019

· Senate Finance

Attorney General asks Senate Finance to Transfer Medicaid Fraud Unit

West Virginia Attorney General, Patrick Morrisey, asked the Senate Finance Committee to transfer the Medicaid Fraud Unit from the Department of Health and Human Resources to the Attorney General’s Office.

The Attorney General said that his office has been able to save $13 million in savings through Social Security Benefit Fraud Reduction since 2015 and would be able to have a positive impact on preventing fraud through Medicaid.

“Anywhere from .6 to.12 cents from every Medicaid dollar gets lost,” Morrisey said. “We think our expertise going after fraud would be beneficial in the Medicaid fraud arena.”

Currently 43 states in the nation have a Medicaid fraud unit as a part of their Attorney General’s Office while the DHHR office is currently in charge of leading enforcements in West Virginia. If transferred, Morrisey said that he would like for his office to start off by taking on civil enforcements related to Medicaid fraud.

“The state has never really been at the top of its game,” Morrisey said. “I think there’s more that we could do in terms of the types of work that would allow for Medicaid dollars to go back to the state.”

Morrisey said that in the past, the DHHR has been opposed to this transfer of power but his office would be more than happy to welcome DHHR employees if the transfer is made.

“We’ve always tried to take the approach of having the best and the brightest,” Morrisey said. “If (the DHHR) has people who are engaged and doing good work then certainly we want to do everything imaginable to keep those people in place.”

Committee Chair, Craig Blair, also motioned to send Senate Bills 184, 185, 187, 188 and 189 to the full Senate but first be under double committee reference and referred to the committee on the Judiciary.

Senate Bill 186, which relates to State Tax Department rules, adds a new rule that authorizes that the tax commissioner relate the exchange of information for facilitating premium tax collections or enforcing tax collections. The bill was sent to the full Senate but first must be under double committee reference and referred to the committee on the Judiciary.

· Senate Floor Session

Senate Recognizes Marshall University Day, Eight Bills Advanced to Second Reading.

The Senate convened Monday, Jan. 14. and voted unanimously to adopt Senate Resolution 8 which declares Jan. 14 as Marshall University Day at the Capital.

The John Marshall Fife and Drum Corps helped commemorate Marshall Day by playing select set for the Senate.

Marshall’s President, Jerome Gilbert, was in attendance to accept the Senate Resolution from President of the Senate, Mitch Carmichael.

The Senate also introduced Senate Bills 285-302 and advanced eight bills to second reading.

· Senate Bill 28 which would remove the current $200,000 limitation on the amount collectable by a county via the hotel occupancy tax that may be used for medical care and emergency services.

· Senate Bill 177 would amend a current legislative rule by adding a required sunset provision and by updating an energy efficiency standard for commercial buildings from the 2007 edition to the 2010 edition of the International Property Maintenance Code.

· Senate Bill 106 would provide for a tax credit for income taxes imposed by and paid to a foreign country.

The Senate is adjourned until 11 a.m. tomorrow, Jan. 15.

The following committees will be meeting today:

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

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

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

The following committees will meet tomorrow:

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

· Military will meet 10 a.m. in 208W

· Health and Human Resources will meet at 1 p.m. in 451M.

January 15, 2019

· Senate Military

College Board Presents Information to Senate Military

Senior Director for Strategic Military Initiatives with the College Board, Lt. Col. Bruce Shahbaz, updated the Senate Military Committee on CLEP tests.

“The College-Level Examination Program, also known as the CLEP, is a test administered through the College Board which allows for easy access to college credit,” Shahbaz said.

Like an Advanced Placement exam, Shahbaz explained that the program helps administer credit through 33 subject tests which Shahbaz said are aligned to most college introductory courses.

According to Shahbaz, the 90-minute online tests have raised degree completion and tests results have shown that those who take the CLEP score equal to or higher than those who take an AP test for a traditional class.

“The state is doing exceptionally well,” Shahbaz said. “West Virginia’s current pass rate for the CLEP is 70 percent while the national average stands at 50 percent.”

Shahbaz told the committee that the Department of Defense is currently paying for an initial CLEP exam for those who have an active status in the military. An individual may be reimbursed for the exam under the G.I. Bill as well.

The committee reported Senate Bills 121, 149, 256 and 297 to the full Senate following referral to the Finance Committee.

Senate Bill 149 which would exempt certain veterans from concealed weapons license fees. The bill was introduced last session where it died in the House.

· Senate Education

Senate Education Votes on Senate Bill 1

The Senate Education Committee voted to send Senate Bill 1 to the full Senate during their committee meeting 2 p.m. Tuesday, Jan. 15.

Senate Bill 1 would increase access to career education and workforce training throughout the state.

Sarah Armstrong Tucker, chancellor of Community Technical College Sytems updated the committee about the bill and answered various questions that were raised by members of the committee.

Tucker explained that currently, the Department of Education predicts that if the bill were to be passed, it would have little to no effect on enrollment. She also mentioned that current enrollment is down following a drop of 25 percent drop.

Senator Robert Plymale, a sponsor of the bill, said he hoped to see the bill benefit two-year programs and community technical colleges.

Despite being introduced during last year’s session, the Senate sent the bill to the House where it died.

Overall, the committee unanimously voted to send the bill to the full Senate following referral to the Senate Finance Committee.

· Senate Finance

West Virginia Supreme Court of Appeals Request $131,150,000 from Senate Finance

Supreme Court Justice, Sandy Walker, addressed the Senate Finance Committee about the fiscal year 2020 budget 3 p.m. Monday, Jan. 15.

Walker said the total general revenue expenditures of the West Virginia Supreme Court was $127,235,284 in fiscal year 2018 and requested $131,150,000 for fiscal year 2020. The Supreme Court Justice explained that a large chunk of the proposed budget, $107,850,000, would go towards four different areas which would include: a state employee pay raise, the conversion of IT workers from independent contractors to employees, the new judge and staff in the 19th circuit and an increase in probation staff and filling current positions which are open.

Other areas of the proposed budget are set to go towards repairs, equipment, the Childrens Protective Act and the Judges’ Retirement System. Minor areas of the budget have been set aside for buildings and BRIM premiums.

The committee was also updated on 2018 expenses which were over $100 million. These included purchases on Attorney legal service payments, telecommunications, jury fees, software licenses and contractual services. Walker told the committee that new rules have been adopted to ensure that overspending is cut down. One adoption is a new travel policy that limits personal use of state vehicles.

“Even though we are an intendent branch, we don’t believe that relieves us of the need to be responsible to the tax payers of this state and to you, the overseers of our budget,” Walker told the committee.

Senator Roman Prezioso asked the Supreme Court Justice about recent incidents involving individuals within the court system who’ve used court purchasing cards towards miscellaneous spending.

Walker addressed Prezioso and the committee about two separate incidents, both involving purchases at Victoria’s Secret, which were used as incentives in juvenile centers in the state. Walker explained that one purchase, which equaled $284, was used to purchase gift cards through the retailer that was used as incentives and rewards for good behaviors in juvenile centers. The other purchase which equaled $64 was for a graduation present for a juvenile at Monongalia County Youth Services.

Walker said the reason why these purchases were listed as miscellaneous in the budget is because incentives are filed under a subobject category within the miscellaneous budget. She also mentioned that the Supreme Court sent out a memo to employees which explained what p-cards can and can’t be used for.

Senator Craig Blair closed the meeting by addressing Walker and suggesting that juvenile courts look to the community for donations that could serve as incentives instead of spending money from their budget.

January 16, 2019


Senate Passes 8 Bills, Introduces 316-336

The Senate passed 8 Senate Bills and introduced 316-336 11 a.m. Monday, Jan. 16.

Senate Bills 10, 24, 27, 28, 36, 106, 177 and 190 were passed with 36 and 106 becoming effective on July 1, 2019 and Senate Bills 177 and 190 becoming effective immediately.

Senate Bill 24 would would require the Legislature to include funding in the appropriation of the DHHR that must be used for pay raises for employees of local board of health when an across the board pay increase is provided for state employees. The bill would also require the funding be ongoing.

Senate Bill 27 would remove current restrictions on where certain KENO themed lottery games may be played. Currently these games may only be played at locations that are authorized to sell alcohol. The bills would allow these games to be sold at all traditional lottery licensed retail locations.

The Senate also introduced Senate Bills 316-336 during their session and sent the bills to their assigned committees.

Senate Bill 330 which would require contact information be listed on agency's online directory and website.

Senate Bill 334 would require the Secretary of State establishing searchable database for WV corporations and sole proprietorships.

The following committees will meet today:

· The Economic Development Committee will meet at 1 p.m. in 208W.

· The Agriculture Comimittee will meet at 2 p.m. in 208W.

· The Pensions Committee will meet at 2 p.m. in 451M.

· The Judiciary Committee will meet 3 p.m. in 208W

· The Finance Committee will meet 3 p.m. in 451M.


· The Finance Committee will meet at 9:30 a.m. in 451M.

· The Health and Human Resources Committee will meet at 1 p.m. in 451M.

· The Education Committee will meet at 2 p.m. in 451M.

· Senate Economic Development

Senate Economic Development sends Bill to Finance

The Senate Economic Development Committee sent Senate Bill 29 to the Senate Finance Committee in Wednesday’s meeting.

Senate Bill 29 would create a five-year credit for businesses on post-coal mine sites. Sen. Ron Stollings, D-Boone, explained this bill is intended to help create businesses in post coal-mine areas which have been surfaced mined and are currently not occupied.

“(The bill) is meant to give a jumpstart on new businesses and encourage people to develop in areas where coal-mines no longer operate,” Stollings said. “This is really something people could look at and want to take advantage of.”

Currently, the bill is intended to give potential tax credits to businesses for five years following the first expenditures used by the business. Stollings said that the bill was introduced last session and was sent from the Senate to the House where it died.

Following a series of questions from the senators, the committee unanimously voted to add two amendments to the bill.

Sen. Michael Romano, D-Harrison, proposed two amendments -- one amendment added the term “entities employed at the post coal-mine site” to a section of the bill. The second amendment changed the unused tax credit discussed in another section of the bill from five years to the first 10 taxable years during which a business is located on a post-coal mine site.

The committee unanimously voted to send the bill to the full Senate following referral to the Senate Finance Committee.

· Senate Finance

Senate Finance Receives Budget Presentation, Sends Bills to Senate

The West Virginia Department of Agriculture and West Virginia State Conservation Agency updated the Senate Finance Committee on their 2020 fiscal budgets 3 p.m. Wednesday, Jan. 16.

The two agencies provided a review of their expenditures from the past year while also presenting the committee with an updated version of their current budget proposals.

Brian Farkas, Executive Director of the West Virginia State Conservation Agency requested a total of $10,023,235.00 for the 2020 fiscal year. Farkas said that $8,799,709.00 of the proposal is intended to go towards conservation projects which would likely include: spending on the Agricultural Enhancement Program, emergency watershed and stream resolutions program and flood-control dam operations which includes dam maintenance.

Farkas addressed the committee and said that West Virginia’s 170 dams provide $90 million in annual flood protection despite 82 percent being 40 years old or older. According to Farkas, the majority of dams throughout the nation are 30 years or older. According to Farkas, dam repair and rehabilitation estimates for the state’s dams' range between $100 and $300 million.

Farkas also discussed the state’s stream blockages which affects West Virginia’s 40,000 miles of streams throughout the state. He explained that due to a national increase in rainfall, the northeast part of the country, which features West Virginia, can anticipate an increase in stream blockages due to a rise in flooding.

Kent A. Leonhardt with the West Virginia Department of Agriculture updated the committee on the departments current budget request which features $1,000,000 for repairs to the Cedar Lakes facility, $50,000,000 to replace labs and $417,500 for the startup of a Hemp Program.

Leonhart explained that the Hemp Program would be a one-time funding to help create a new laboratory in the state which would include lab equipment, maintence and lab consumables.

During his presentation, Leonhart explained that the state’s laboratories in Gutherie and Moorefield are listed some of the premiere laboratories in the country but due to a lack of space and funding, individuals from around the country are unable to visit the labs.

The committee also sent Senate Bills 180-183 to the full Senate following referral to the Senate Judiciary Committee.

Senate Bill 183 is a State Tax Department rule relating to the administration of tax on purchases of wine and liquor inside and outside of municipalities.

Senate Bill 181 is a State Tax Department rule relating to aircraft operated under a fractional ownership program.

January 17, 2019

· Senate Finance – 9:30 A.M.

Distribution of E911 Fees Explained to Senate Finance

Mike Albert, chairman of the Public Service Commission of West Virginia, updated the Senate on the total amount of revenue which was generated through the state’s E911 system and distributed throughout West Virginia’s counties, 9:30 a.m. Thursday, Jan. 17.

According to Albert, E911’s revenue is distributed to three areas with the cell tower fund receiving $1 million, the State Police collecting $.10 per line and the West Virginia Division of Homeland and Emergency Management receiving 5 percent of the total collections.

Albert explained that the remainder of the revenue is distributed to all 55 counties based on population size but assured the committee that a special formula is used to ensure that each county is receiving an adequate amount of money. From 2007-2018, the state’s counties have received a total of $424,082,509 from the E911 system.

“That is a significant amount of money that all the counties greatly protect,” Albert said.

The current projected distribution for E911 fees in fiscal year 2020 is set at $41,374,888 according to the chairman.

Regarding the commission’s budget, Albert requested $22,943,328 for a base budget which is the same total that was requested for fiscal year 2019.

Albert explained that the commission’s base budget has been identical since 2013 and would be divided into three categories with utilities receiving $19,634,848, pipeline safety receiving $385,164 and the motor carrier receiving $2, 943,328.

Jackie Roberts, a consumer advocate with the Consumer Advocate Division, requested a total of $1,340,000 for the division’s fiscal year 2020 budget. Roberts explained that the division’s base budget has been the same amount for a number of years.

The committee also discussed Senate Bill 1, which would increase access to career education and workforce training, which was unanimously sent to the full Senate.

The Senate Finance Committee is adjourned until 3 p.m. Thursday, Jan. 17.

· Senate Education

11 of 55 West Virginia School Districts Have Low Enrollment

Amy Willard, executive director of the Office of School Finance at the West Virginia Department of Education, updated the Senate Education Committee on the current school funding formula, 2 p.m. Thursday, Jan. 17.

Willard addressed the committee and explained that 11 of the state’s 55 school districts currently have less than a 14,000 net enrollment rate for the 2018-2019 school year which classifies the counties as having “low enrollment.”

According to Willard, a large portion of the education funding is based on enrollment and full-time equivalence, also known as FTE, and calculated through a 10 step system. These seven steps review professional educators, service personal, fixed charges, transportation, student support personnel and other current expenses, and recieves the majority of the funding.

The committee learned that the fiscal year 2020 budget was calculated from the Department of Education’s spending in 2018. Willard explained that the budget is calculated though a year lag system where the budget is derived from spending made the previous year.

In total, Willard said that the department’s budget request is set at $1,124,000 for fiscal year 2020.

“Despite an increase in in enrollment pay, a drop in student enrollment in the state did account for a drop in the proposed budget for the upcoming year,” Willard said.

· Senate Finance – 3:00 P.M.

Senate Finance Discusses Senate Bill 1

The Senate Finance Committee agreed to add a committee substitute for the committee substitute for Senate Bill 1, 3 p.m. Thursday, Jan 17.

During the committee, the bill was reviewed and highly discussed between Senators. One in particular, Sen. Roman Prezioso, D-Marion, showed concern over Senate Bill 1, which would increase access to career education and workforce training through associate degrees at community and technical colleges.

“We’ve got a relatively fragile higher education system,” Prezioso said. “We have so many students that have the opportunity to choose education from several different sources of higher education. As we pit one group against the other, we’re not exactly enhancing students. It seems as though we’re taking students that intend to go one and we’re dividing them.”

Sarah Armstrong Tucker, chancellor of Community Technical College Systems, assured the committee that the bill isn’t intended to divide students but help create easier pathways for students.

“This is an attempt to make pathways for more open for students so they could potentially start at a community college,” Tucker said.

Prezioso addressed the Chancellor and asked if the committee could potentially amend the bill to apply it to associate degrees at four-year colleges in addition to two-year college and technical programs.

Tucker said she and her peers would be more than happy if the committee amended the current bill but was concerned that including regional schools would put too much strain on the bill. Tucker explained that the bill was also introduced last year with the inclusion of four-year regional programs and said that was one of the reasons why the bill didn’t pass.

The current fiscal note on the bill stands at $7,677,294.

Tucker also explained that a similar proposal was recently put into place in Tennessee where higher education system saw a four percent increase in community college enrollment. She said that although many people believe this bill would mainly affect students who are currently enrolled in a four-year program, she said the bill could also encourage more people to start a two-year program.

“We need to acknowledge that 55 percent of the state’s recent high school graduates are said to not be going anywhere,” Tucker told the committee. “I think this bill could help us target people who had no other plan. It’s vital that we don’t leave those people out of the conversation.”

January 18, 2019


Senate Welcomes Hardesty

The Senate welcomed Sen. Paul Hardest to the 7th District West Virginia Senate seat, 11 a.m. Friday, Jan. 17.

Hardesty was appointed to the seat following Sen. Richard Ojeda’s resignation on Jan. 10.

The Senate also discussed Senate Concurrent Resolution 11 which seeks to address the crumbling infrastructure around the state. The resolution was unanimously adopted following the passage of Senate Bill 272 which updates code relating to the Commission on Special Investigations, and the introduction of Senate Bills 343-353.

Senate Bill 343 relates to the review and approval of state property leases.

Senate Bill 350 would define terms to assure correctional officers are considered law-enforcement offices.

During the floor session, the Senate also passed Senate Bill 272, relating to updating the code relating to the Commission on Special Investigations.

The Senate will adjourn until 11 a.m. Monday, Jan. 21.


· The Senate Committee on Agriculture and Rural Development will meet at 12:30 p.m. in 208W

· The Senate Committee on the Judiciary will meet immediately following the Agriculture and Rural Development committee.

The following committees will meet Monday:

· The Senate Committee on Banking and Insurance will meet 2 p.m. in 451M.

· Senate Judiciary

Senate Judiciary Discusses Committee Substitutes, Welcomes New Senator

The Senate Judiciary Committee convened for a meeting 1:30 p.m. Friday, Jan. 18.

Members of the committee went over the committee substitute bundle for Senate Bills 224–230.

One of the bills, Senate Bill 225, concerns a Division of Labor rule relating to the regulation of heating, ventilating and cooling work. Senate Bill 229 is another rule bill relating to commercial whitewater rafting.

Following a motion by Majority Whip, Sen. Ryan Ward, R-Brooke, the committee unanimously voted to send the committee substitutes to the full Senate with the recommendation that they do pass.

The committee also reviewed technical changes made on Senate Bill 253 which would protect consumers from automatic purchase renewals and continuous service offers. Sen. Glenn Jeffries, D-Putnam, lead sponsor for the bill, said the committee substitute was created to make “minor technical changes (to the bill),” Jeffries said.

“(Automatic purchase renewal) was something that was brought to my attention last year. The more I spoke with people, the more I realized that this was something we need to look into,” Jeffries said. “Seniors don’t understand how these automatic systems work and we need to get a better understanding (of them) to make sure they know what’s happening.”

Ultimately, the committee unanimously agreed on the committee substitute and voted to send the bill to the full Senate.

Sen. Paul Hardesty, the new 7th District West Virginia Senate seat, was also welcomed to the committee.

January 21, 2019

· Senate Finance

Department of Commerce Requests $14 Million for Tourism

The West Virginia Department of Commerce requested an additional $14 million from the Senate Finance Committee, 3 p.m. Monday, Jan. 21.

Chelsea Ruby, the state advertising commissioner, addressed the committee to explain the additional funding found within the fiscal year 2020 budge request would go directly towards state tourism.

“Hands down, the number one thing holding (state tourism) back is money,” Ruby said. “Advertising directly impacts how people see the state.”

The committee learned that additional funding would go toward five different categories with $10,000,000 going towards brand promotions, $1,500,000 for public relations, $500,000 for events and sponsorships, $500,000 for industry development and $1,500,000 for state parks and recreation advertising.

If awarded the money, the state would still have a large gap of funding when compared to surrounding states. Currently the state gains an average of $4.5 billion from travel spending while Pittsburgh sees $41.5 billion on average and Ohio gains $35 billion.

Ruby explained that despite a large request for additional funding, the state’s tourism industry is outpacing the national rate by 30 percent following four years of decline. According to Ruby, the state gained $4.3 billion from direct consumer spending and saw 36 percent more visitors than 2017.

“Since 2012, we’ve seen an increase in tourism growth,” Ruby said. “Numbers are definitely trending in the right direction.”

In total, the department is requesting $85,473,930 for fiscal year 2020.

Additionally, Sen. Corey Paulmbo, D-Kanawha, addressed the department to get an update about work going on between the state with China concerning potential investments.

Mike Graney, executive director of the West Virginia Development Office, addressed the Senator and said that work is still going on with China for potential investments and huge possibilities that could arise within the year.

“China has made three visits to the state and currently have three active projects they’re working on,” Graney said.

The West Virginia Secretary of State also presented their budget proposal which includes $957,594 for general revenue, $4,342,243 for general administration fees and $1,003,611 for service fee and collection.

January 22, 2019


Senate Advances Community College Bill

After lengthy debate on amendments, a Senate bill that would increase access to career education and workforce training was advanced to third reading Tuesday.

The Senate took up Senate Bill 1 and several amendments Tuesday. Sen. Roman Prezioso, D-Marion, proposed an amendment that would increase access to career education and workforce training. Prezioso’s amendment would allow for the bill to apply to associates degrees in four year regional colleges, despite additional costs.

Sen. Patricia Rucker, R-Jefferson, rebutted Prezioso’s amendment and urged the Senate to reject it, saying, “This bill is geared to adults who’s education was interrupted and maybe didn’t make the grades to have the Promise Scholarship and other financial aid. In order to get this bill passed and help these students, I urge that we refuse this amendment.”

Sen. Craig Blair, R-Berkeley, addressed the chamber, citing the current fiscal note for Senate Bill 1, which is $7.67 million. Blair agreed with Rucker in her refusal of the bill.

“We have to live within our current means,” Blair said.

Senate President Mitch Carmichael, R-Jackson, joined the body to urge refusal for the amendment.

Ultimately, the Senate voted to reject the amendment.

Sen. Richard Plymale, D-Wayne, suggested another amendment to the bill which would allow for the bill to cover apprenticeships. This amendment also was rejected.

The Senate passed four bills Tuesday, including Senate Bill 152, which relates to criminal offense expungement. The bill expands on the Second Chance Act previously passed by the Legislature. One of the bill’s provisions would expand eligibility for criminal expungement to people convicted of certain nonviolent felonies.

“When I arrived in this chamber in 2017, I really thought we were doing well by passing this bill,” Sen. Glenn Jefferies, D-Putnam, said. “I believe we carefully crafted this bill to protect the people of the state. We’ve made the bill stronger.”

Other bills passed by the Senate Tuesday were:

· Senate Bill 3 would establish the West Virginia Small Wireless Facilities Deployment Act.

· Senate Bill 62 would require participation in a drug court program before the discharge of certain first-time drug offenses.

· Senate Bill 240 would repeal certain legislative rules no longer authorized or are obsolete.

The Senate advanced three bills to second reading:

· Senate Bill 18 which would relate to crimes committed on State Capitol Complex was amended and advanced to third reading.

· Senate Bill 255 would relate to the Emergency Medical Services Advisory Committee was advanced to third reading.

· Senate Bill 354 which would expire funds to balance the Chief Inspector’s Fund at the Auditor's Office was advanced to third reading.

The Senate also adopted three resolutions – Senate Resolution 14, which celebrates the achievements and contributions of Monongalia County and Senate Resolution 15 which designated Jan. 22 as Preston County Day.

Additionally, the Senate also unanimously adopted Senate Resolution 12 which congratulates the Ripley High School girls’ track team for winning the 2018 Class AAA state championship.

Sen. Eric Tarr, R. Putnam, addressed the chamber, congratulating the team for their win and read the names of teammates to his fellow senators. Tarr told the chamber that the girls’ team was able to collect the win despite being the smallest team within the state’s AAA class.

Senate Bills 386-393 were also introduced during the floor session.

Senate Bill 388 would equalize penalties for intimidating and retaliating against public officers, employees, jurors, and witnesses.

Senate Bill 390 would require electric utilities to submit feasibility studies of constructing and operating middle-mile broadband internet projects.


· The Senate Committee Energy, Industry and Mining will meet 15 minutes following floor session in 208w.

· The Senate Committee on Health and Human Resources will meet 15 minutes following floor session in 451M.

· The Senate Education Committee will meet at 3 p.m. in 451M.

· The Senate Government Organization Committee will meet at 3p.m. In 208W.

· The Senate Judiciary Committee will meet at 4 p.m. in 208W.

· The Senate Finance Committee will meet at 4 p.m. in 451M.

The following committees will be meeting tomorrow:

· The Senate Committee on Agriculture and Rural Development will meet at 2 p.m. in 208W.

· Senate Education

Senate Education Receives Presentations

Information from the West Virginia Department of Education and the West Virginia Higher Education Policy Commission was presented to the Senate Education Committee, 3 p.m. Monday, Jan. 22.

Following the approval of minutes, Michele Blatt, assistant superintendent of the West Virginia Department of Education addressed the committee to discuss the state’s education areas of critical need.

Blatt said that three different factors join together to make up the criteria for critical need with the shortage of non-fully certified teachers, especially in math, accounting for a majority of the issues. According to Blatt, a non-fully certified teacher describes a teacher who may have a certificate for education in a subject which is different than the one they are currently teaching.

Statewide, 33.3 percent of West Virginia’s math teachers are non-fully certified in the subject.

When asked about the amount of vacancies that are present within the state, Blatt said that of the 700 vacancies present within the state, most are simply situations where non-certified teachers are teaching a particular subject.

Blatt also addressed the committee to discuss the need for additional teachers within the state and said the board is hoping to initiate a program where college seniors majoring in education may be placed in a school for the whole year opposed to the 6-12 weeks of student teaching. She said that this will help teachers

Senior Director for Financial Aid at the West Virginia Higher Education Policy Commission, Brian Weingart, also came before the committee to discuss the Underwood-Smith Teacher Scholarship Program. The purpose of the program is to assist West Virginians interested in obtaining a teaching certificate and committed to the pursuit of a teaching career in West Virginia's public schools.

The program is comprised of two components- a teacher scholarship and a teacher loan repayment. Both of which combine to create an appropriation total of $328,349.

Students who are applying for a scholarship through the program may receive $5,000 following a commitment to teach two years for each year they receive the award. Those who are applying for loan repayment may receive up to $15,000 towards student loan debt. $3,000 of which is awarded following the two completed years of teaching.

Overall, Weingart said that out of 300 applications, only 30 scholarships are awarded each year due to a lack of funding.

· Senate Finance

Senate Finances Refers Bills to Full Senate, Receives Budget Proposals

The Senate Finance Committee refereed three bills to the full Senate, 3 p.m. Tuesday, Jan. 22.

Senate Bill 168 which would update the meaning of federal taxable income in WV Corporation Net Income Tax Act, and Senate Bill 169 which would update terms used in WV Personal Income Tax Act, were unanimously voted to be referred to the full Senate.

Senate Bill 178 which is a Lottery Commission rule that would relate to the West VIrginia Lottery sports wagering rule, was

The committee also received two presentations – one from the West Virginia Department of Revenue and the other from the West Virginia Lottery Commission.

January 23, 2019

· Senate Finance

DHHR to Gain 400 Detox Beds, Begin New Treatment Technique

The West Virginia Department of Health and Human Resources will reportedly gain 400 detox beds by the end of the year, Bill Crouch, cabinet secretary of the WV DHHR said.

The Cabinet Secretary addressed the Senate Finance Committee to update the committee about the department while also presenting their fiscal year 2020 budget request.

Crouch said that the DHHR’s addition of detox treatment beds are intended to help aid in the rehabilitation process used to battle the state’s opioid crisis. The addition would put the total amount of detox treatment beds within the state at 900.

Committee members were also introduced to a new treatment plan which is being planned by the DHHR. Crouch explained that the new treatment process would be unlike anything that’s currently being used and will begin helping individuals plan for life following discharge from treatment once they enter treatment facilities.

“What we did to fight this problem two years ago won’t work today,” Crouch said,

In order to aid individuals in treatment, Crouch said that transition agents will also be put into place to help an individual create a plan for reentering the workforce. In addition to a transition agent, Crouch said that support services will be offered during and after an individuals treatment.

“We have to be prepared to pick up where an individual has left off so we can get them into productive life,” Crouch said. “This is an approach that no other state is using.”

Crouch also discussed the state’s current child welfare crisis which he said is a direct result of the opioid crisis.

“We’ve got to tackle the drug problem to get a better handle on the child welfare problem,” Crouch said.

As a way to tackle the issues, Crouch explained that the department has recently added over 50 Child Protective Services workers by asking existing DHHR workers to become CPS workers and placed in a community.

“CPS workers are the foundation of our child welfare system, but we need more,” Crouch said.

Along with the addition of more CPS workers, the DHHR is setting aside a large portion of their budget to help battle the child welfare issues according to Jeremiah Samples, deputy secretary of state at the Department of Health and Human Resources. Other areas featured within the budget.

Sen. William Ihlenfeld, D- Ohio, addressed Samples to ask if additional money in areas of the budget could go towards sexual assault prevention. Currently, prevention for sexual assault receives $125,000 of the DHHR’s budget.

“If there is any way we could put more money into assault prevention it would be money well spent,” Ihlenfeld said. “The rape crisis centers are operating on crumbs.”

Samples explained that over the past six years, the DHHR’s budget cuts have resulted in a total of $321,080,767.

In total for fiscal year 2020, the DHHR is currently requesting $2,123,487,552.

January 24, 2019


Senate Honors West Virginia University

The Senate passed Senate Resolution 20 which designated Jan. 24 as WVU and WVU Extension Service Day at the Legislature.

The university’s president, Gordon Gee, accepted the resolution on behalf of faculty and staff from the university.

Members of the Senate also passed a Senate Resolution which also designates Jan. 24 as Human Resources Day.

Sen. Robert Beach, D-Mononalia, rose to address the Senate and thank the state’s Human Resources employees for their service.

Senate Bill 223, a rule bundle which would authorize the Department of Commerce to promulgate legislative rules, passed while Senate Bills 410 through 425 were introduced.

· Senate Bill 412 would establish the Katherine Johnson Fair Pay Act of 2019.

· Senate Bill 420 would allow the county commissions to impose amusement tax.

· Senate Bill 422 would increase supplemental appropriations to the Public Defender Services.


· The Senate Committee on Health and Human Resources at 1 p.m. in 451M.

· The Senate Committee on Energy, Industry and Mining will meet at 1 p.m. in 208W.

· The Senate Committee on Education will meet at 2 p.m. in 451M.

· The Senate Government Organization Committee will meet at 2 p.m. in 208W.




· The Senate Judiciary Committee will meet at 9 a.m. in 208W.

· Senate Finance

Senate Finance Reports Bills to Senate, Receives Budget Presentation

The Senate Finance Committee took five bills under consideration, 3 p.m. Thursday, Jan. 24.

Of the bills on the agenda, Senate Bills 149, 243, 256 and 297, were unanimously voted to be sent to the full Senate.

· Senate Bill 149 would exempt certain veterans from concealed weapons license fees.

· Senate Bill 243 would require racetrack participate in WV Thoroughbred Development Fund.

· Senate Bill 256 would allow certain deductions from individual personal income tax refunds

· Senate Bill 297 would extend the expiration of military members' spouses' driver's license.

Senate Bill 263, which would limit the number of days legislators may be compensated during extended and extraordinary sessions, was reviewed by the committee and reported to a subcommittee established by Committee Chair, Craig Blair, R-Berkeley. Fellow Senator, Bill Hamilton, R-Upshur, was named as the subcommittee chair.

Committee members also received information pertaining to the West Virginia Department of Corrections and Rehabilitation’s fiscal year 2020 budget proposal.

January 25, 2019

· Senate Education

Comprehensive Education Reform Presented to Senate Education

Information pertaining to a Comprehensive Education Reform bill was delivered to the Senate Finance Committee, 2 p.m. Thursday, Jan. 24.

Committee Chair, Sen. Patricia Rucker, R-Jefferson, called the meeting to order by assuring members that discussions of the bills would take place following the initial presentation of information.

“We’re going to give the committee plenty of time to look over it and digest it,” Rucker said.

Currently, the proposed bill is seeking to establish changes which include—

· A retirement conversion which would allow for teachers to convert 10 days of sick leave into 1 month of PEIA coverage.

· A tax credit which would award $250 to teachers for qualifying education equipment costs.

· An increase of the current teacher/pupil ratio from a cap of 25-28 students to 28-32 students.

· Withholding of pay if a teacher or service personnel is to participate in a strike. In cases where the employee still meets the 250 day requirement of their contract, pay would still be granted.

· Broadening the definition of personal service personnel to include social workers and psychologists.

· Establishing a flat 1,400 student enrollment for funding.

· Awarding an additional $24-$25 million for school districts to hire new teachers.

· Providing a 5 percent pay increase for teacher in addition to a one time bonus for teachers who meet 60 percent of the state’s current math requirements.

A large portion of the bill also pertains to the state’s public charter schools. Many of these changes would establish—

· Requirements for an application of an authorizer to become a charter school, including duty and responsibilities.

· Requirements to establish a public charter school contract.

· A renewal of public charter schools contracts.

· An appeals process intended to decide whether or not to establish a public charter school.

· Potential funding for public charter schools.

· The ability for a public charter school to participate in the state’s teacher retirement system.

Prior to the reading of the bill, Rucker explained that the bill was intended to create a stronger education system for West Virginia students.

“This is a vision that has been worked on with input from many people. I appreciate the cooperation,” Rucker said. “I hope we make this bill the best it can be.”

January 28, 2019


Senate Sends Education Reform Bill to Committee of the Whole

Senators from the majority party motioned a call for a committee of the whole to review the comprehensive education reform bill.

Sen. Roman Prezioso, D-Marion, questioned the body following a call for the entire Senate body to review Senate Bill 451, a bill which would create comprehensive education reform.

Prezioso raised concern over Senators seeking to quickly advance the multipurpose bill.

Sen. Ryan Weld, R-Brooke, further explained that the idea behind the motion was to give Senators who are unaffiliated with the Senate Education and Finance Committees an opportunity to ask questions surrounding the bill.

Further Democrats rose in opposition to the motion, yet following a call for the yays and nays, the motion passed.

Members also passed Senate Bills 55, 101, 124, 241, 268 and 269.

· Senate Bill 124 would create a felony offense for actions of cruelty to animals which cause serious injury or death of animal.

· Senate Bill 241 would permit county court clerks to scan certain documents in electronic form.

Senate Bill 440 through 450 were also introduced to the Senate.

· Senate Bill 441 relates to higher education campus police officers.

· Senate Bill 445 would increase salaries of WV State Police, public school teachers, and school service personnel.

· Senate Bill 450 would exempt recipients of the Purple Heart medal from paying vehicle registration fees.


· The Senate Committee on Natural Resources will meet at 1:45 pm in 208W.

· The Senate Committee on Banking and Insurance will meet at 2:15 in 451M.

· The Senate Finance Committee will meet at 3 p.m. in room 451M.

· The Senate Judiciary Committee will meet at 3p.m. in room 208W.

The following committees will be meeting tomorrow:

· The Senate Military Committee will meet at 10 a.m. in 208W.

· The Senate Roads and Transportation Committee will meet at 10 a.m. in 451M.


· Senate Finance

Senate Finance Discusses Bills, Reviews Budget Presentation

The Senate Finance Committee reviewed three bills and two budget presentations, 3 p.m. Monday, Jan. 28.

Representatives from the West Virginia Bureau of Senior Services and the West Virginia Department of Arts, Culture and History came before committee members to present their budget proposals for fiscal year 2020.

Robert Roswell, commissioner for the West Virginia Bureau of Senior Services, requested a total of $29,950,955 towards their general revenue for the upcoming fiscal year, the exact amount of their fiscal year 2019 budget.

Following the bureau’s presentation, Randal Reed Smith, commissioner of the West Virginia Department of Arts, Culture and History, requested a total of $5.1 million prior to acknowledging the many successes of the department. According to Smith, the state’s museums were named among the top 25 in the nation despite receiving a cut to grant funding.

“As the economy of the state gets better, we hope to receive more money for appropriations to get grant funding where it once was,” Smith said.

The committee also reviewed Senate Bills 100, 103 and 264, and unanimously voted to send each of the bills to the full Senate with the recommendation that they each pass.

· Senate Bill 100 would increase court fees to fund law enforcement standards training and expenses.

· Senate Bill 103 relates generally to Public Defender Services.

· Senate Bill 264 would require courts to order restitution to crime victims where economically practicable.

January 29, 2019

· Senate Military

Senate Military Reviews Issues Surrounding Past Legislation

Representatives from the West Virginia Division of Motor Vehicles came before the Senate Military Committee, 10 a.m. Tuesday, Jan. 29.

Adam Holley, general counsel of the division, addressed issues surround Senate Bill 336, a bill which provides certain DMV applicants the ability to contribute to the WV Department of Veterans Assistance.

Following it’s passage in March, the ability to donate was intended to become effective on June 1, 2018, but, according to Holley, wasn’t featured on physical license renewal forms until September. The ability to donate through online renewal applications or through select kiosks machine has yet to be effective.

On average, 11,000 people renew their licenses each month, according to Holley, with a vast majority of renewal applications being physical form.

Committee Chair, Sen. Ryan Weld, R-Brooke, showed concerned over the legislation’s inactive past, citing that these issues resulted in a missed opportunity for the VA to receive donations.

Holley explained that the DMV’s online site has a history of issues, mainly concerning credit card processing, and assured the committee that they would be notified when the issues have been resolved.

The bill has currently collected $23,000 for the VA.

The Senate also reviewed Senate Bill 450, a bill which would exempt recipients of the distinguished Purple Heart medal from payment of the vehicle registration fee for West Virginia residents.

Sen. Douglas Facemire, D-Braxton, motioned to amend the bill and allow for other military distinguished service plate holders to also benefit from the bill.

Committee members unanimously voted to report a committee substitute of the bill to the full Senate following a reference to the Finance Committee.

· Senate Government Organization

Senate Government Organization Sends Five Bills to Full Senate

The Senate Committee for Government Organization convened to review five Senate Bills, 2:15 p.m. Tuesday, Jan. 28.

Senate Bills, 90, 323, 324, 357 and 358 were each unanimously voted to to be reported to the full Senate with the recommendation that they each pass. Senate Bills 90 and 323 will be referenced to the Senate Finance Committee prior to being reported to the Senate.

· Senate Bill 90 would transfer the Safety and Treatment Program from DHHR to DMV.

· Senate Bill 323 would establish revenue funding and sourcing to support the Department of Agriculture's improvement to facilities.

· Senate Bill 324 relates to Commissioner of Agriculture employees.

· Senate Bill 357 relates generally to the Division of Administrative Services.

· Senate Bill 358 would exempt the Purchasing Division purchases for equipment to maintain security at state facilities.

· Senate Health and Human Resources

Senate Health Reviews Tobacco Legislation

The Senate Health and Human Resources convened to discuss Senate Bill 81, 1:40 p.m. Tuesday, Jan. 29.

The bill, which would prohibit smoking in a vehicle when minor under 16 is present, was highly discussed among Senators who were in support and opposition of the bill.

Following the reading of the bill, Sen. Ron Stollings, D-Boone, raised concern over whether or not vape pens or other electronic tobacco products would be included in the bill. The current version of the bill calls for a fine of $25 if an individual is found guilty of smoking a “lit” tobacco product while operating a vehicle where an individual under 16 is present.

Sen. Mike Azginer, R-Wood, showed concern over the bill, citing that passage would result in too much government interference within the confines of a parent child relationship.

Dr. Cathy Slemp, interim state health officer and commissioner of the Bureau of Public Health came to the defense of the bill and described the many effects that tobacco products can induce on children. According to Slemp, children exposed to tobacco are more likely to contract ear infections and respiratory infections, and when tobacco products are used within a limited space, such as a car, the potential for negative side effects increase.

In response to Stollings’ concerns, Slemp stated that a rapid rise in electronic tobacco use has resulted in a 78 percent increase of teenage tobacco use in 2018, the highest increase since surveying began in 1975.

Following discussion, Stollings motioned to add a conceptional amendment which would include electronic products in the current version of the bill. The Senator also motioned an amendment which would dedicate fines collected through this bill to the state’s tobacco education program.

Sen. Tom Takubo, R-Kanawha, motioned to amend the current language of the bill in order to alter age of a minor from 16 to 17 and below for minors present in a vehicle.

Following a vote, the committee adopted each of the three amendments and voted to have a committee substitute of Senate Bill 81 be sent to the full Senate following reference to the Senate Judiciary Committee.

January 30, 2019


Senate Passes Bill Prior to Committee of the Whole

The Senate convened at 9:30 a.m to pass bills prior to the committee of the whole.

Senate Bills 72, 102, 149, 243, 258 and House Bill 2351 were passed.

Sen. Mike Woelfel, D-Cabell, urged passage of Senate Bill 27 which would create a Sexual Assault Victims' Bill of Rights. Woelfel rose to inform his fellow Senators on the specific workings of the proposed bill which would include the right to have a personal representative of choice to accompany a victim of assurances throughout the medical process, the right to receive a medical evaluation, the right to be informed by investigators of any test results, as well as many more.

According to the Senator, the bill is intended to help battle the annual average of one in six of the state’s girls falling victim to sexual assault, as well as the one in 22 boys who also fall victim as well.

Senate Bill 149 would exempt certain veterans from carrying concealed weapons license fees and Senate Bill 243 would require racetracks to participate in the WV Thoroughbred Development Fund.

House Bill 2351 relates to regulating prior authorizations.

Senate Bills 4, 199, 233, 256, 297 and 390 were laid over.

The Senate also introduced Senate Bills 468 through 484.

· Senate Bill 468 would eliminate the requirement for schools be closed on election days.

· Senate Bill 470 would provide for periodic payment of verdict awards under Medical Professional Liability Act.

· Senate Committee of the Whole

Senate Reviews Education Reform in Committee of the Whole

The full Senate convened under a committee of the whole to review the omnibus education reform bill, 11:30 a.m. Wednesday, Jan. 30.

Senate Bill 451, which would establish complete comprehensive education reform was throughly discussed throughout the day.

Senators received presentations aiming to better explain the bill and were able to converse with counsel concerning the financial and educational aspects of the legislation. Throughout the committee, Senators also heard testimonials from individuals throughout the state, and were given an opportunity to ask questions.

Representatives from around the nation also came to discuss the establishment of charter schools and school choice. Along with education reform, a significant portion of the current proposed legislation deals with the establishment of public charter schools in the state.

Following testimonies, Senators were given the opportunity to ask questions to all speakers present during the committee.

The Senate is adjourned until 9 a.m. with the committee of the whole continuing immediately following floor session.

All discussion surrounding Senate Bill 451 can be found here.

January 31, 2019

· Senate Education

Senate Education Reports Two Bills to Full Senate

The Senate Education Committee unanimously voted to report two pieces of legislation to the full Senate, 2 p.m. Thursday, Jan. 31.

Senate Bill 267, which would require the State Board of Education to adopt policies detailing certain levels of computer science instruction, in addition to a committee substitute for Senate Bill 154, pertaining to the use of school facilities for funeral and memorial services, will be reported to the full Senate with the recommendation that they each pass.

The West Virginia State Superintendent of Schools, Steven Paine, came before the committee to answer questions concerning bill 267, and explained that the bill would make certain levels of computer science instruction mandatory in schools. Passage of the bill wouldn’t require every teacher to participate.

The bill is intended to add an emphasis on systematical approaches to computer science within the state’s education system. According to the superintendent, West Virginia is currently one of the only educational systems within the nation which requires a computer science course.

Members also reviewed the committee substitute for Senate Bill 154 which featured minor changes concerning the bill’s title and language found within subsection C. Per counsel’s explanation, the bill is intended for large scale funerals for certain members of a community.

· Senate Finance

DEP Requests Additional $2,422,604 From Senate Finance

The West Virginia Department of Environmental Protection (DEP) has requested an additional $2,422,604 for fiscal year 2020.

Austin Caperton, cabinet secretary of the DEP, came before the Senate Finance Committee to present the department’s budget request and explain that additional funding would go towards establishing the following — a Watershed Assessment Branch, a Dam Safety Program, an oil and gas program and to develop stream partnerships.

Caperton called on Scott Mandirola, deputy cabinet secretary for external affairs, to address the potential formation of the Watershed Assessment Branch. According to Mandirola, the branch would allow for the state’s water to be tested in order to receive specific labels. Certain labels which showed concern could then signal other branches of the DEP to address the issue.

In total, the DEP has requested $8,730,598.

Committee members also received a budget request from Mary Jane Pickens, deputy cabinet secretary at the Department of Administration. The total general revenue request for the department is set at $70,897,717 with $11,585,650 being set aside for an improvement package.

When addressing the improvement package, Pickens explained that funding allocated for the improvement package would go towards the Public Defenders salaries and court appointed counsel fees. The package will also cover general services fees as well.

The West Virginia Department of Environmental Protection presentation concluded the Senate Finance’s budget request agenda.

February 1, 2019


Omnibus Bill Adopts Six Amendments

A total of six amendments were adopted to Senate Bill 451 following a brief recess Friday.

The second reading of the comprehensive education reform bill received a number of amendments with a select few being accepted by Senators. The series of proposed changes follow the adjournment of the committee on the whole Thursday, Jan. 31.

In addition to 451, 11 other Senate Bills were features on second reading and were advanced to third reading.

Prior to second reading, numerous bills were also featured during third reading with Senate Bill 4, which relates generally to the Municipal Home Rule Program, receiving a total of four amendments. Following the additions, members voted to pass the legislation.

Senate Bills 103, 233, 264, 270, 331, 332 and 390 were also passed with four of the bills becoming effective upon passage.

· Senate Bill 103 relates generally to the Public Defender Service.

· Senate Bill 233 relates to changing the age requirements for deputy sheriffs' applicants.

· Senate Bill 390 would require electric utilities to submit a series of feasibility studies when constructing and operating middle-mile broadband internet projects.

The Senate is adjourned until 11 a.m. Monday morning.

February 4, 2019

· Senate Banking and Insurance

Banking and Insurance Reviews Legislation

The Senate Committee for Banking and Insurance review four Senate Bills, 3:30 p.m. Monday, Feb. 4.

Following their agenda, the committee discussed four bills, three of which are committee substitutes, and unanimously motioned to send the legislation to the full body with the recommendation that they each pass. All three of the committee substitutes are double referenced to the Senate Judiciary Committee also.

· Senate Bill 47 would exempt nonpaid volunteers at ski areas from receiving workers' compensation benefits.

· Senate Bill 340 would repeal obsolete provisions of the WV Medical Professional Liability Insurance Joint Underwriting Association.

· Senate Bill 407 relates to the abandonment and indication of ownership in property held by a financial institution.

· Senate Bill 453 relates to background checks of certain financial institutions.

· Senate Finance

Senate Finance Hastily Reviews Legislation

The Senate Finance Committee swiftly reviewed six bills following Banking and Insurance, 4:30 p.m. Monday, Feb. 4.

The brief meeting followed an extensive floor session which saw the passage of the omnibus education bill.

Senate Bills 16, 30, 90, 323, 346 and 263 were each reported to the full Senate with the recommendation that they pass. Four pieces of the legislation received committee substitutes from committee members.

One committee substitute, relating to Senate Bill 90, would transfer the Safety and Treatment Program from the Department of Health and Human Resources to the Division of Motor Vehicles.

Adam Holley, general counsel for the division, addressed Senators and explained that the program was originally owned by the DMV and later transferred to the DHHR in 2009. Holley contributed the original transfer due to the DHHR being better equipped for handling the program.

Members also reviewed Senate Bill 323 which would establish a revenue fund in order to support the Department of Agriculture's improvement to facilities. The bill was originally introduced last year where it passed through the Senate and House and was vetoed by the Governor.

February 5, 2019


Senate Presents Senate Resolutions

Members of the Senate unanimously passed three resolutions prior to second reading, Tuesday, Feb. 5.

Passage of the resolutions follows extensive floor debates concerning Senate Bill 451 last week. No resolutions were passed during floor sessions where discussion and passage of the comprehensive education bill took place.

Senate Resolution 27, which designated Feb. 5, 2019 as West Virginia Alzheimer’s Day, was presented by Sen. Tom Takubo, R-Kanawha, while Sen. Roman Prezioso, D-Marion, presented Senate Resolutions 28 and 29.

The life and career of Joe Retton, a former men’s basketball coach at Fairmount State University was commemorated by resolution 28 and resolution 29 congratulated Doug Nuzum for winning the Earle S. Dillard Insurance Agent of Year Award.

Following resolutions, members of the Senate voted to advance eight bills to third reading, and of those bills, two received committee substitutes. The committee substitute for Senate Bill 154 would allow for the use of school facilities for funeral and memorial services pertaining to certain community members.

Senate Bills 521 through 532 were also introduced.

· Senate Bill 523 would prohibit retailers from selling or leasing products that make certain content accessible on internet.

· Senate Bill 530 relates to the state employee merit system.


· The Senate Heath and Human Resources Committee will meet at 1 p.m. in 451M.


· The Senate Committee for Government Organization will meet at 2 p.m. in 208W.



· Senate Government Organization

Government Organization Reviews Dairy Bill

The Senate Committee for Government Organization reviewed the committee substitute for Senate Bill 496, 2 p.m. Tuesday, Feb 5.

The proposed legislation, which would transfer the authority to regulate milk from the Department of Health and Human Resources to the Department of Agriculture, was highly questioned by committee members.

Following the reading of the bill, Judy Vallandingham Director of Public Health Sanitation at the Bureau of Public Health, came before the committee to address concerns pertaining the the transfer.

According to Vallandingham, a special task force was created to evaluate the potential need for a transfer, and a majority found that the Department of Agriculture would greatly benefit by acquiring the authority. The task force featured a representative from the DHHR, a representative from the Department of Agriculture, a representative from the milk industry and three Senators.

Sen. Corey Palumbo, D-Kanawha, questioned if the transfer would potentially affect the quality of milk meant for consumption. Vallandingham assured the Senator that the product would be tested through multiple checks in order to produce healthy grade A milk.

The committee also reviewed Senate Bill 352 which relates to the Division of Corrections and Rehabilitation acquiring and disposing of goods and commodities.

Both bills were voted to be sent to the full Senate with the recommendation that they each pass.

· Senate Finance

Finance Reports Six Bills to Full Senate

The Senate Finance Committee reviewed multiple pieces of legislation, 3 p.m. Tuesday, Feb. 5.

Of the seven bills on the agenda, five were received from the Senate while two were retrieved from the House. In total, six of the bills were reported to the full Senate with the recommendation that they each pass.

While Senate Bills 13, 14, 19 and 499 were reported to the full Senate, Senate Bill 147, which would shift funding from the Landfill Closure Assistance Fund to local solid waste authorities, was laid over. The decision to lay over the bill followed Sen. Robert Plymale, D-Wayne, raising concern over whether or not the potential legislation could jeopardize existing landfill plans from counties.

Senate Bill 19, which relates to the Senior Farmers Market Nutrition Program, received a committee substitute.

Committee members also reviewed House Bill 2191, which relates to limited video lottery, and House Bill 2307 which relates to creating a provisional license for practicing barbering and cosmetology.

February 6, 2019

· Senate Pensions

Pensions Committee Reviews Pensions Bill

Senate Bill 316 was highly discussed by the Senate Pensions Committee, 2 p.m. Wednesday, Feb. 6.

The proposed legislation would preserve previously approved state Municipal Policemen's or Firemen's pensions. Blair Taylor, executive director of the West Virginia Municipal Pensions Oversight Board, came before the committee to address concerns surrounding increased pensions plans for police officers and firefighters.

According to Taylor, pensions may raise to 75 percent once a police officer or firefighter completes 30 years of service.

The director also addressed questions pertaining to the calculations of pensions and explained that following the passage of House Bill 2601, the oversight board doesn’t calculate pensions. Passage of the House Bill prompted the local board in Morgantown to contact the Attorney General to ask if the legislation was retroactive. Ultimately, it was indicated that local boards needed to address and correct any pensions that were incorrectly paid.

Following review of the bill, committee members voted to report 361 to the full Senate but first be referenced to the committee on finance.

Of the other three pieces of legislation, Senate Bill 38, which exempts DNR police officers' pension benefits from state income tax, was under reconsideration. Attention was drawn back to the bill following rising concerns regarding litigation. The bill was tabled following a motion moved Romano.

Finally, Senate Bill 26, which would permit certain employees of educational service cooperatives participate in state's teacher retirement systems, received a committee substitute. Senate Bill 341, which would establish a minimum monthly retirement annuity for retirants with 20 or more years of service, received an amendment by Sen. Mike Azinger, R-Wood. Both bills were reported to the full Senate.

February 7, 2019

· Senate Finance – 9:30 A.M.

Supplemental Appropriations Pass Finance

A number of supplemental appropriations passed out of the Senate Finance Committee, 9:30 a.m. Monday.

Following approval of minutes, committee members reviewed Senate Bills 442, 443, 444 and 445, and motioned to report all bills to the full Senate with the recommendation that they each pass.

Senate Bill 442, which would supplement, amend and decrease appropriation to the Insurance Commission, would grant the commission spending authority to move $10,000 out of their current expenses and implement it into personal services and employee benefits. This authority would also allow the Insurance Commission to enhance implementation and planning for federal market reform and consumer protections.

Bill 443, a supplemental appropriation of federal money to the Department of Health and Human Resources divisions, would give the DHHR spending authority for three different line items in their federal revenue budget. Requests would include $1.4 million to fund the Division of Health’s community and mental health services, $200,000 for the Energy Assistance Program and $13 million for the Childcare and Development Program.

Supplemental appropriation to DHHR divisions, SB444, would allow the DHHR to utilize funds from their special revenue budget and make two request— $872,000 for the Office of Laboratory Services and $885,000 for the Division of Health’s West Virginia Birth to Three fund.

Senate Bill 445 would increase spending for the Second Chance Driver's License Program, an initiative which helps citizens attain their license following removal due to unpaid court costs.


Visitors Fill Senate Chamber to Celebrate Resolutions

Multiple guests visited the Senate chamber to celebrate the passage of Senate Resolutions 33, 34 and 35, 11 a.m. Thursday.

Resolution 33, which designated Feb. 7, 2019 as Veterans Visibility Day at the legislature, was unanimously passed by members. Sen. Ryan Weld, R-Brooke, and Sen. Charles Clements, R-Wetzel, veterans of the military, rose to urge adoption of the resolution.

The Senate also passed Senate Resolution 35, which recognized Glenville State College and certain public school districts in West Virginia, and Senate Resolution 34, which designated Feb. 7, 2019 as Go Red for Women Day. Multiple Senators wore red in support for the resolution.

Three bills were read for a third time with each of the bills being passed by the Senate. Sen. Charles Trump, R-Morgan, and Sen. Greg Boso, R-Nicholas, rose to give extensive explanations of the legislation.

· Senate Bill 127 relates to parole officers' duties to perform alcohol and drug testing of litigants

· Senate Bill 163 would authorize the DEP to promulgate legislative rules. The bill will become effective upon passage.

· Senate Bill 392 relates to payment of invoices received by the Division of Corrections and Rehabilitation for contract work.

Ten bills were featured on second reading with only one piece of legislation, Senate Bill 343, which relates to review and approval of state property leases, receiving an amendment from Sen. Chandler Swope, R-Mercer.

Senate Bills 543 through 554 were introduced.

· Senate Bill 544 would increase salaries for members of the WV State Police over three-year period.

· Senate Bill 550 would declare certain claims to be moral obligations of state.


· The Senate Health Committee will meet at 1 p.m. in 451M.

· The Senate Education Committee will meet at 2 p.m in 451M.

· The Senate Committee for Government Organization will meet at 2 p.m. in 208W.



The following committee will meet tomorrow:

· The Senate Judiciary Committee will meet at 9:30 a.m. in 208W.


Health Committee Reviews Athletic Training Bill

The Senate Committee for Health and Human Resources reviewed Senate Bill 60, 1 p.m. Thursday.

The legislation, which would begin a licensing practice of athletic training, spurred conversation between committee members and representatives from the state’s athletic training field.

President of the West Virginia Athletic Trainers Association, Jenni Johnson, came before committee members to explain that the potential legislation would create title protections for athletic trainers in the state. Johnson cited that the state currently has no board for athletic trainers to report to.

Following discussion of the bill, committee members motioned to report the bill to the full Senate following a second reference to the committee on government organization.

Senate Bills 519, which would require county emergency dispatchers to complete course for telephonic cardiopulmonary resuscitation (CPR), and Senate Bill 518, which would restrict the sale and trade of dextromethorphan to those under 18.

Dextromethorphan, commonly referred to as DMX, is a cough medication that can cause fatal liver injury, cardiovascular effects and over-sedation. If passed, this bill would create a criminal misdemeanor and $100 fine for those who are found guilty of dispense the medication to an individual under 18.

Both bills were voted to be reported to the full Senate with 518 receiving a second reference to judiciary and 519 receiving a second reference to finance.

· Senate Finance – 3:00 P.M.

Senate Finance Reviews Six Bills

Six pieces of legislation were discussed by Senate Finance Committee members Thursday.

Senate Bills 40, 47, 117, 291, 296 and 461 were brought before the committee to be explained and voted upon. Of the six bills, five pieces of the legislation received the decision to be reported to the full Senate with the recommendation that they each pass.

One bill in particular, Senate Bill 40, which would establish the Military Service Members Court program, raised concern among a number of Senators on the committee. Sen. Doug Facemire, D-Braxton, questioned why the program would be created and asked why military members couldn’t use the state’s existing court system.

Lead sponsor of the bill, Sen. Ryan Weld, R-Brooke, came before the committee and explained that West Virginia previously had a veteran’s court program which was disbanded in 2017 due to a lack of funding. According to Weld, following investigation, it was found that the program did in fact have more than enough funding to stay in operation. The Senator stated that the main purpose of the bill was to reestablish the court and right the wrongs that occurred in 2017.

Weld explained that if passed, the bill would reestablish the program which provides options for rehabilitation, in addition to incarceration, to military service members. The fiscal note for the bill lists a $323,000 start up budget with $1.6 million being spent annually following full implementation.

Following discussion of SB40, committee chair, Sen. Craig Blair, R-Berkeley, motioned to removed Senate Bill 117, which relates to incentives for consolidating local governments, from the agenda and lay the bill over for one day.

February 11, 2019


Senate Reviews 11 Bills on Third Reading

Nine Senate Bills and Two House Bills were featured on third reading, 11 a.m. Monday, Feb. 11.

Of the 11 bills, all passed following votes from the Senators. The proposed Senate legislation featured:

· Senate Bill 14 which would create the WV Farm-to-School Grant Program.

· Senate Bill 19 relating to the Senior Farmers Market Nutrition Program.

· Senate Bill 317 which would authorize three or more adjacent counties form multicounty trail networking authority.

· Senate Bill 352 relating to the Division of Corrections and Rehabilitation acquiring and disposing of services, goods, and commodities.

· Senate Bill 408 which would determine indigency for public defender services.

· Senate Bill 496 which would transfer the authority to regulate milk from DHHR to Department of Agriculture

· Senate Bill 499 which would amend WV tax laws to conform to changes in partnerships for federal income tax purposes.

· Senate Bill 542 relating to registration fees for military-related special registration plates.

Members also passed Senate Joint Resolution 5, which would create clarification of the Judiciary's Role in Impeachment Proceedings Amendment. Sen. Charles Trump, R-Morgan, explained that if adopted, the resolution would amend a single section of code and add new language which would apply additional terms concerning impeachment proceedings.

Following review of Senate legislation, Sen. Tom Takubo, R-Kanawha, motioned to lay over House Bill 2191 prior to the passage of House Bill 2307.

Two resolutions were also passed during Monday’s floor session with Senate Resolution 36 recognizing Bethany College on the 179th anniversary of its charter, and Senate Resolution 37 congratulating John Cobb Jr. for being named the WV Outstanding Tree Farmer for 2019. Multiple Senators rose in support of the resolutions prior to their passage.

Following third reading, 11 bills were featured on second reading; of the 11 pieces of legislation, Senate Bill 13, relating to distributions from the State Excess Lottery Fund, House Bill 2459, which would exercise the authority to exempt individuals domiciled within the state from certain restrictions contained in federal law, and House Bill 2492, relating to mandatory reporting procedures of abuse and neglect, received one amendment each.

Senate Bills 564 though 573 were also introduced.

· Senate Bill 566 relating to compensation for State Athletic Commission members.

· Senate Bill 570 which would allow for contracts without bids for construction, demolition, or rehabilitation resulting from declared state of emergency.


· The Senate Committee for Natural Resources will meet at 1 p.m. 208W.

· The Senate Committee for Banking will meet at 2 p.m. in 451M.

· The Senate Finance Committee will meet at 3 p.m in 451M.



· The Senate Committee for Transportation and Infrastructure will meet at 10 a.m. in 451M.

· The Senate Committee for Health and Human Resources will meet at 1 p.m. in 451M.


· Senate Banking and Insurance

Workers Compensation Bill Comes Before Banking Committee

The Senate Committee for Banking and Insurance discussed Senate Bill 465 during Monday’s committee meeting.

Despite having an agenda of four bills, debate over 465 lead to the bill being the only legislation which was discussed. The proposed legislation would exempt non-paid volunteers at Volunteer Fire Departments or emergency services organization from workers' compensation benefits.

Following the reading of the bill, Sen. Corey Palumbo, D-Kanawha, opened discussion by questioning the role of the bill, asking if there was an actual need for the legislation.

Council addressed the Senator to explain that VFD’s currently operate under a single workers compensation premium and the proposed bill would bar those in administrative roles from collecting compensation.

Erin Hunter, the acting insurance commissioner at the Offices of the Insurance Commissioner, also came before the committee to aid in answering questions, and ultimately explained how VFD’s payroll is created through calculations made by the Department of Labor based off of the average hourly rates.

Hunter also stated that if passed, the exemption of administrative roles from workers compensation could potentially result in higher pay rates for the department’s employees who actively fight fires.

Sen. Mike Romano, D-Harrison, raised concern over how the departments would be able to specifically distinguish which employees would be able to collect compensation and also expressed fears over the bill potentially establishing a “big gap” of pay within departments.

The commissioner responded to Romano’s question and explained that under the introduced bill, only those who actively fought fires would be able to collect workers compensation while volunteers, who may only participate in fundraisers or volunteer activities, would be excluded from attaining compensation. Differences within pay are only a potential outcome if the legislation is passed.

Sen. Craig Blair, R-Berkeley, spoke in support of the bill by citing that a single layer of coverage for fire fighters could potentially result in “significant savings.”

Sen. Doug Facemire, D-Braxton, responded by suggesting that the bill be reworked to allow for two tiers of coverage, ultimately allowing for every employee to be eligible for compensation.

Ultimately, committee chair, Sen. Mike Azinger, R-Wood, motioned to lay over the bill due to the committee running out of time.

February 12, 2019


Committee Reviews Tobacco Legislation

Senate Bill 348, relating to tobacco usage restrictions, came before the Senate Health and Human Resources Committee during Monday’s meeting.

The proposed legislation, which would increase the buying age of tobacco products from 18 to 21, was highly advocated for by guests of the committee. Following explanation of the bill, three guests came before the committee in support of the bill which is intended to battle the state’s tobacco usage.

Doctor Catherine Slemp, the interim state health office at the West Virginia Department of Health and Human Resources, addressed the committee to explain her reasons for supporting the legislation. Slemp stated that ea

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