Thursday, April 18, 2024
Thursday, April 18, 2024
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Interim Report: Joint Committee on Flooding

Lawmakers received an update Sunday afternoon regarding West Virginia’s plans to secure federal disaster relief funding in response to this month’s tornadoes and flooding that have significantly impacted much of the state.

State Emergency Division Deputy Director Matthew Blackwood gave the update to members of the Joint Legislative Committee on Flooding to kickoff April’s interim legislative meetings.

Blackwood informed committee members that 741 completed damage assessment surveys indicated 24 destroyed homes, with 58 reports of major impacts and 268 reports of minor impacts from what he referred to as a “wind event” for April 2 through April 5.

Blackwood noted that the wind event caused more personal property damage than the flooding that hit the state the following week, with floodwaters inflicting more damage on infrastructure.

According to Blackwood, state officials and federal partners will look at properties categorized as “destroyed” or majorly impacted by the wind event to determine whether federal officials agree with those assessments with an eye toward a presidential disaster declaration later that would unlock individual assistance.

The Federal Emergency Management Agency’s Individual Assistance program offers benefits to survivors that can include home repair and replacement for for primary residences, as well as financial support for uninsured or under insured personal property losses.

Blackwood noted that FEMA Individual Assistance was approved five months after August 2023 storms caused flooding and landslides for residents of Boone, Calhoun, Clay, Harrison and Kanawha counties following a presidential disaster declaration.

FEMA distributed just over $2.25 million to individual homeowners according to Blackwood, noting that a declaration allowing Public Assistance support came a little over a month later.

Blackwood reported West Virginia was awarded $10 million to support hazard mitigation, but he cautioned that the funding will only be available to residential property owners with current FEMA National Flood Insurance Program policies. According to Blackwood, as of last year in West Virginia, only 12 percent of residential properties in Special Flood Hazard Areas had such a policy.

Interim Report: Joint Committee on Insurance and PEIA

The Joint Committee on Insurance and PEIA met this afternoon.

The Committee heard a presentation on The Health Plan as a PEIA coverage option. It is a nonprofit option located in Wheeling. Currently, the Health Plan is one of three managed care partners for Medicaid. The Health Plan has been a partner with the state for over 30 years and provides insurance for 14,300 PEIA members. It has members in the Northern Panhandle, Kanawha County, and Eastern Ohio. The Health Plan is open to all 55 counties, but is most recognized in the Northern Panhandle area. If all PEIA members were on the Health Plan, it would save the state $122 million, but the expense could fall to the employees as coinsurance. The Health Plan works with the community to give back.

Interim Report: Joint Committee on Health

The Committee on Health met this evening.

The Committee first year an update on childcare in the state. Child Care in WV has many partners; it is not just Human Services. The Department of Human Services and the Bureau for Family Assistance are responsible for the childcare development block grant. This grant provides funding for referrals, licensing, quality improvement support, and childcare subsidies. The block grant was created in 1990. The six childcare resource and referral regions were created in 1998. In 2014 the CCDBG was reauthorized, and improvements were made to the health and safety requirements. The grant moved from a 6-month to a 12-month eligibility.

In Grant Year 2023, WV served 25,115 children and received $8,812,194 in state general revenue and $68,542,476 from the CCDBG. After the pandemic, payment became enrollment-based. Supplemental rates were provided based on 85 percent SMI. The TANF program has helped maintain payment based on enrollment through August 2024.

The 2024 rule change to the SSCBG mandates payment by enrollment, which the state is already doing. It prohibits family copayments above 7 percent of family income, WV is at 3 percent. The rule eliminates copay for more families and expands sustainable payment practices: payment by enrollment and payment in advance. The rule encourages the state to pay their established subsidy rate even if private pay rates are less. The rule ensures providers are not negatively impacted by affordable family copayments and encourages faster eligibility. The rule clarifies eligibility for additional siblings and encourages simplification of verification. Finally, the rule made more health and safety clarifications.

In Grant Year 2023, the state received $68,542,476 in federal funding. In Grant Year 2024, the state received $72,909,154 in federal funding, an increase of over $5 million. There will be an increase of $2.3 million per month for the enrollment-based payment. Other requirements of the 2024 rule could result in increased costs.

The Committee also heard a presentation on the Medicaid Budget. Members received a copy of the last 12 months of Medicaid expenditures and a discussion on waivers.

The Committee heard more about IDD Waiver Services in the State from the provider Stonebrook.

Interim Report: Joint Standing Committee on Finance

Mark Muchow, Deputy Secretary of the Department of Revenue, gave members of the Joint Standing Committee on Finance an overview of West Virginia’s current financial standing Monday morning during April interim meetings in the House Chamber.

Muchow started with the General Revenue Fund, calling March a “very good month.” He informed members that the state collected $487.4 million last month, nearly $95 million above the estimate.

According to Muchow, the state has collected $4.068 billion in general revenue thus far year-to-date, which is $522.9 million above the projected estimate of $3.054 billion. However, despite being more than half-a-billion-dollars above estimate, he informed members that general revenue is down 11.8 percent compared to last year.

He noted that the revenue figures for this year incorporate the 21.25 percent reduction in personal income tax. The tax cut combined with severance tax collections declining to normal levels this year have led to the nearly 12 percent decrease in revenue according to Muchow.

He informed the committee that the state collected $147.2 million in sales tax in March, bringing year-to-date sales tax collections to $1.315 billion. Personal income tax collected in March totaled $198.3 million, bringing the year-to-date total to $$1.635 billion. March’s severance tax collections totaled $48.2 million, bringing the year-to-date number to $247.5 million.

Muchow  focused on the year-over year comparison between this year and last year regarding the general road fund, explaining that revenue estimates have been updated on two different occasions this year.

He informed the committee that in March overall collections, including federal reimbursement, came in at $129.1 million. He explained that the estimate was $171 million,  so it’s technically $42 million below estimate, but that is only because of a huge revision upward by the Department of Transportation’s estimate of federal funds received.

Muchow stated that federal funds received by the state in March totaled only $45.5 million, which is down considerably from the $62.2 million received last year. However, year-to-date, the West Virginia DOT has received nearly $577 million, representing an increase of 19.4 percent over last year.

“We’re still on pace for a record year for federal reimbursement,” Muchow said.

Finally, Muchow told members that motor fuel tax collections totaled $28.8 million in March while registration fees totaled $11.9 million, and motor vehicle sales taxes came in at $23.6 million.

Interim Report: LOCEA

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The Legislative Oversight Commission on Education Accountability met this afternoon.

The Commission first heard a report on the progress of assessors in each county. Assessors are assessing properties at the constitutionally required 60 percent of market value level and the effects of increasing the limit on the increase in total property tax revenues to 2 percent.

The following amendments to policies were presented during the meeting:

1.      WVBE Policy 2322 provides an accountability system for all WV public schools and counties to set expectations for outcome-focused and innovation preparation of students for college and careers. The policy requires county BoE members to receive training in WV public schools. The amendment to the policy clarifies language to identify the schools that need support. 

2. The WVBE Policy 7212 amendment makes changes to WV students who are enrolled or seeking to enroll in schools outside of their attendance zone or county school district. 

3.      WVBE Policy 2444.4 establishes protocols for the WV GED and the WVDE-approved High School Equivalency test, Option Pathway, and the Mountaineer Challenge Academy Graduation. The amendment adds Mountaineer Challenge Academy, Mountaineer Challenge Job, and CIRL. The amendment clarifies the procedures for acquiring a high school equivalency diploma, the implementation of an Option Pathway in high school, MCA, and MCJP, and the use of the high school equivalency assessment for credit recovery. 

4.      WVBE Policy 4373 sets the requirements for developing safe and supportive schools to provide optimal learning conditions. The amendment brings the behaviors back into the policy and assigns them a default level. 

5.      WVBE Policy 2520.4 revises the West Virginia College- and Career-Readiness Standards for Social Studies. The amendment clarifies content and aligns with the new Personal Finance course. 

6.      WVBE Policy 2520.15 defines the standards for WV Pre-K programs. The amendment aligns more with recent kindergarten standards and federal Head Start child outcomes. 

7.      WVBE Policy 8300 amendment creates the Safe Schools Fund. 

The policies are open for comments on the BoE website

The Commission also heard updates on the middle-of-the-year benchmark and screener results, reports on college-going rates, and the Free Application for Federal Student Aid (FAFSA) changes. The Commission also received a report on international education and student trends.

In Case You Missed It… 2024 Completed Legislation, Part 6

(2575 Introduced Bills; 877 were introduced in the Senate; 279 Completed; 156 Senate Bills)

Senate Bill 540 updates the West Virginia coordinate systems.

Senate Bill 542 amends the procedure for filling a vacancy in offices of county commissioners having more than three commissioners.

Senate Bill 543 relates to research and economic development agreements for state institutions of higher education. It includes economic development as part of the mission for higher education research corporations.

Senate Bill 544 raises the threshold from $25,000 to $50,000 for the requirement of bids for municipal public works projects.

Senate Bill 547 authorizes legislative rules for the Higher Education Policy Commission.

Senate Bill 548 amends the appellate jurisdiction of the Intermediate Court of Appeals.

Senate Bill 551 modifies requirements related to the levying of service fees.

Senate Bill 557 establishes that firefighters are entitled to compensation for an entire holiday shift, even if only a portion of the shift falls on the holiday.
The bill doesn’t change the rate of time-and-a-half compensation, or the compensatory time allowed if the municipality chooses that methodology. The legislation makes holiday pay for municipal firefighters’ uniforms across the state.

Senate Bill 574 is a supplemental appropriation to the Division of Highways.

Senate Bill 578 clarifies that the offense of burglary involves a dwelling or outbuilding belonging to another.

Senate Bill 583 provides a streamlined process for evaluating an employer’s liability for personal injury and wrongful death claims involving operators of commercial motor vehicles. The bill also limits noneconomic damages in such actions to $1 million per plaintiff with certain exceptions.

Senate Bill 587 allows the State Fire Commission to propose legislative rules and promulgate interpretive and procedural rules for legislative approval.

Senate Bill 600 deals with the criteria for receiving reenlistment or retention bonuses for National Guard members. Under the bill, the Adjutant General can establish a program to provide enlistment bonuses to eligible prospects who become members of the West Virginia National Guard.

Senate Bill 602 will ensure schools and athletic events have a practiced plan of action in place to deal with cardiac emergencies when they arise. The bill highlights key pieces required for an effective cardiac emergency response plan. It will establish a response team, and circulate the plan throughout the school and it requires practice drills in preparation for a real emergency.

Senate Bill 603 amends the definition of “commercial solid waste facility” to exclude any solid waste facility that accepts solid waste collected by the owner or operator (or its affiliate(s)) of the solid waste facility for consolidation and subsequent transport to a disposal or recycling facility.

Senate Bill 605 requires electronic funds transfer of retirement contributions by employers participating in the Consolidated Public Retirement Board.

Senate Bill 606 clarifies payment upon death of members with less than 10 years of service.

Senate Bill 607 clarifies Municipal Police Officers and Firefighters Retirement System surviving spouse benefits.

Senate Bill 610 clarifies the authority of the Water Development Authority to appoint employees, officers, managers, attorneys, independent contractors, and consultants as necessary. The bill fixes their compensation and prescribes their duties in certain circumstances outside the classified civil service system.

Senate Bill 613 establishes the West Virginia Residential Mortgage Lender, Broker, and Servicer Act. This bill updates the law related to mortgage lender and broker regulation to align control of a licensee and key individuals with other regulatory programs. The legislation allows West Virginia to participate in and accept multistate examinations as well as application information and decisions to reduce the regulatory burden on licensees. Finally, the bill brings West Virginia into conformity with a majority of jurisdictions by permitting remote work for mortgage loan originators.

Senate Bill 623 requires the Division of Motor Vehicles to provide images of persons issued any identification or license to the Secretary of State for voter identification purposes.

Senate Bill 624 authorizes the cancellation of voter registration records for individuals no longer West Virginia citizens who have obtained a driver’s license in another state.

Senate Bill 628 declares certain claims against the state to be moral obligations of the state and authorizes payments.

Senate Bill 631 prohibits municipalities from shutting off a user’s water for nonpayment of a stormwater fee. The bill allows for municipalities to impose a lien to obtain payment but prohibits municipalities from shutting off services for nonpayment.

Senate Bill 632 continues the study group on competency and criminal responsibility, adds brain injuries to the subjects to be studied, amends the membership of the study group, establishes a steering committee within the study group, sets a deadline for the report to be presented and dictates which offices and committees the report should be submitted, and permits the steering committee to seek funding.

Senate Bill 643 is a supplemental appropriation bill to increase an item of appropriation in the Department of Education, School Building Authority account for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 644 is a supplemental appropriation bill to add new items of appropriation in the Department of Commerce, Division of Forestry, and Geological and Economic Survey for the designated spending units for expenditure during the fiscal year 2024.

Senate Bill 649 clarifies that senior-status intermediate court judges and family judges are subject to the same per diem compensation limits as senior circuit court judges. This addresses a possible gap in the code created after the creation of the intermediate court of appeals and the inclusion of the family court judges in the judicial retirement system.

Senate Bill 650 is a supplemental appropriation bill to increase an existing item of appropriation to the Higher Education Policy Commission, Fairmont State University for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 652 is a supplemental appropriation bill to add new items to the DHHR, Health Facilities for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 653 is a supplemental appropriation bill to add new items to the School Building Authority, School Construction Fund for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 656 is a supplemental appropriation bill to add new items to the DHHR, Division of Human Services for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 657 Expires funds from Excess Lottery Revenue Fund to General Revenue.

Senate Bill 658 is a supplemental appropriation bill to add new items to the Department of Administration, Public Defender Services for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 661 expires funds from Lottery Net Profits to General Revenue Surplus.

Senate Bill 663 is a supplemental appropriation bill to add new items to the Division of Administrative Services, Criminal Justice Fund for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 665 is a supplemental appropriation bill to add new items to the DHHR, Division of Health for the designated spending unit for expenditure during the fiscal year 2024.

Senate Bill 667 relates to the creation of the Physicians Licensure Compact. The bill provides for a purpose. The bill creates definitions. The bill provides for state participation in the compact. The bill creates the compact privilege. The bill provides for the designation of the state from which the licensee is applying for a compact privilege. The bill defines adverse actions. The bill provides for the establishment of the PA Licensure Compact Commission. The bill defines the data system. The bill provides for rulemaking. The bill provides for oversight, dispute resolution, and enforcement. The bill provides for the date of implementation of the PA Licensure Compact Commission. The bill provides for construction and severability. Finally, the bill creates the binding effect of the compact.

Senate Bill 668 increases the amount of ephedrine, pseudoephedrine, or phenylpropanolamine a person may purchase annually.

Senate Bill 679 regulates certain plant-based derivatives, hemp-derived cannabinoid products, and Kratom.

Senate Bill 681 revises the mandatory service obligation for the National Guard doctor of medicine or doctor of osteopathic medicine degree program.

Senate Bill 687 makes changes to the Legislative Auditor’s scope of authority. The legislation puts the Legislative Auditor under the authority of the Joint Committee on Government and Finance, and specifically under the authority of the Speaker of the House and the President of the Senate. It clarifies that the Legislative Auditor does not have independent hiring authority, giving those powers to the joint committee. It eliminates fixed schedules for audits and makes audits up to the discretion of the Senate President and House Speaker. The bill also removes requirements in the code for audits to be conducted based on generally accepted government accounting standards used by the Financial Accounting Standards Board (FASB) and the Governmental Accounting Standards Board (GASB).

Senate Bill 690 creates a commission on West Virginia Agritourism to review and investigate means of preserving our farmland and growing our agricultural tourism and agricultural economic development. The commission will also recommend to the Legislature that appropriate legislation be enacted, establishing regulatory and legislative relief to foster the development and growth of Agritourism and successful farms.

Senate Bill 695 supplements and amends appropriations to Energy Assistance, TANF, and Child Care and Development

Senate Bill 696 supplements and amends appropriations to the Department of Homeland Security, Division of Emergency Management

Senate Bill 697 supplements and amends appropriations to DHHR, Consolidated Medical Service Fund

Senate Bill 698 supplements and amends appropriations to DHHR, Division of Human Services

Senate Bill 699 supplements and amends appropriations to DHHR, Child Support Enforcement Fund

Senate Bill 700 supplements and amends appropriations to Miscellaneous Boards and Commissions, Hospital Finance Authority

Senate Bill 701 supplements and amends appropriations to the Department of Education, School Construction Fund

Senate Bill 702 supplements and amends appropriations to DHHR, Laboratory Services Fund

Senate Bill 703 supplements and amends appropriations to the Department of Homeland Security, WV State Police

Senate Bill 704 supplements and amends appropriations to PSC, Motor Carrier Division

Senate Bill 705 supplements and amends appropriations to PSC

Senate Bill 707 supplements and amends appropriations to the Department of Commerce, Division of Natural Resources

Senate Bill 708 Supplements and amends appropriations to the Department of Agriculture, WV Spay Neuter Assistance Fund.

Senate Bill 709 Supplements and amends appropriations to the Department of Arts, Culture, and History, National Coal Heritage Area Authority.

Senate Bill 710 Supplements and amends appropriations to the State Board of Education, Aid for Exceptional Children

Senate Bill 712 revises the statute to reduce the minimum age for a cadet for the West Virginia State Police from the age of 21 to the age of 18.

Senate Bill 730 clarifies the sheriff’s commission compensation for the job duty of tax collector for the county at $15,000.

Senate Bill 732 requires cooperation between law-enforcement agencies and military authorities. The legislation provides that prosecuting attorneys may assign an assistant prosecutor to assist the National Guard or other military authority within the state. It also dictates that law enforcement is required to share certain information with military authorities regarding military members.

Senate Bill 751 creates and legalizes online charitable raffles.

Senate Bill 752 authorizes the Department of Agriculture to complete certain land transfers.

Senate Bill 755 provides safeguards when retail sellers engage in online delivery sales of tobacco products, tobacco-derived products, or vapor products via online certification. The bill permits retail sellers to engage third-party remote delivery services to carry out delivery sales to consumers.

Senate Bill 768 provides an exception to the confidentiality of child welfare records to allow the sharing of confidential information with law enforcement agencies and the National Center for Missing and Exploited Children.

Senate Bill 778 amends and adds certain qualifying offenses to enhance the sentence of a repeat offender.

Senate Bill 782 defines local permitting deadlines and extensions for applications for a permit, license, variance, or any other type of prior approval from a governing body or planning commission of a municipality or county for an action related to the development or improvement of the property.

Senate Bill 786 modifies the date for implementing massage establishment licensure and provides authority for the board to issue an emergency order halting establishment operation until the establishment complies.

Senate Bill 790 changes the reference to the Curator of the Department of Arts, Culture, and History to Cabinet Secretary.

Senate Bill 802 includes in the definition of “motor vehicle” a self-propelled vehicle designed primarily for, and used in, the occupation or business of farming, with a horsepower unit of 20 or greater; and the right to bring an action for breach of warranty involving a self-propelled vehicle designed primarily for and used in farming.

Senate Bill 803 provides that real property occupied by an immediate family member or former spouse of the owner exclusively for residential purposes be included in class two for assessment and taxation purposes. The bill also defines “immediate family member”.

Senate Bill 806 removes several required submissions to the Legislative Oversight Commission on Education Accountability (LOCEA) and removes a requirement for LOCEA to review the progress and implementation of the comprehensive systems of support for teacher and leader induction and professional growth.

Senate Bill 820 requires the Department of Human Services to create a program to improve the quality of care rendered to the substance use disorder population by applying automatic enrollment.

Senate Bill 824 expands the membership of the West Virginia Motorsport Committee from five to 18 members, including the chairperson.

Senate Bill 826 harmonizes the treatment of reciprocal deposit arrangements to satisfy security for public deposits from county commissions, municipal corporations, and boards of education. Current code sections relating to public deposits from municipal corporations and school boards provide two separate authorizations for depository institutions to employ reciprocal deposit arrangements to satisfy each security requirement. This bill will allow depository institutions to serve county commissions uniformly to municipal corporations and school boards.

Senate Bill 827 relates generally to salvage yards and defines regional distribution and dismantling centers. The bill also provides for a specialized regional distribution and dismantling license.

Senate Bill 834 adds a member to the Motor Vehicle Advisory Board and specifies that one of the members must be a representative of automobile auctions of primarily salvage vehicles.

Senate Bill 837 authorizes Public Defender Corporations until July 1, 2025, to reorganize offices to conform to the circuit reconfiguration enacted during the 2023 Regular Session of the Legislature.

Senate Bill 841 sets the amount of employment taxes and benefits, modifies the calculation of the taxable wage base, and modifies the methodology for calculating the maximum benefit rate.

Senate Bill 844 changes the name of the “Educational Broadcasting Authority” to the “Educational Broadcasting Commission.”

Senate Bill 850 Updates the Consumer Credit and Protection Act by defining terms, removing commercial tort claims exclusion from the definition of litigation financing, and excluding certain non-profit organizations from the definition of litigation financing.

Senate Bill 858 clarifies that taxpayers must begin requesting reconsideration of property valuation, classification, or taxability with their county assessor’s office. This request may be in writing, in person, or over the phone. Further, the taxpayer must file a written petition in certain instances before seeking an appeal at the Office of Tax Appeals.

Senate Bill 864 Clarifies the reporting requirements of the Grant Transparency and Accountability Act. The bill clarifies what grants are subject to reporting requirements, defines terms, and makes technical clarifications.

Senate Bill 865 changes the “Curator” of the Department of Arts, Culture, and History to the “Cabinet Secretary” of the Department of Arts, Culture, and History. The bill also adds the Educational Broadcasting Authority as a section under the department, as a separate, but not independent, agency. The legislation adds the Educational Broadcasting Commission to the list of citizens commissions.

Senate Bill 866 designates the State Treasurer as the chairperson of the West Virginia Investment Management Board effective July 1, 2025. The bill requires said chairperson to appoint a chief executive officer subject to board approval.

Senate Bill 868 is a supplemental appropriation to the Department of Commerce, Geological and Economic Survey.

Senate Bill 871 is a supplemental appropriation to the Department of Veterans’ Assistance, Veterans’ Facilities.

Senate Bill 872 relates to county fire service fees.

Senate Bill 873 sets the schedule for tax installment payments.

Senate Bill 874 relates to the West Virginia Division of Multimodal Transportation.

Senate Bill 875 relates to certain insurance coverage provided by BRIM.

Senate Bill 876 supplements and amends appropriations to the Department of Health and Human Resources, Health Facilities.

Senate Bill 877 supplements and amends appropriations to the Higher Education Policy Commission.

In Case You Missed It… 2024 Completed Legislation, Part 5

(2575 Introduced Bills; 877 were introduced in the Senate; 279 Completed; 156 Senate Bills)

Senate Bill 2 authorizes the Department of Environmental Protection to promulgate a legislative rule relating to alternative emission limitations during startup and shutdown operations.

Senate Bill 17 authorizes the Department of Health to promulgate a legislative rule relating to public water system operators.

Senate Bill 31 authorizes the Department of Human Services to promulgate a legislative rule relating to the collection and exchange of data related to overdoses.

Senate Bill 36 authorizes the Governor’s Committee on Crime, Delinquency, and Correction to promulgate a legislative rule relating to law enforcement training and certification standards.

Senate Bill 50 authorizes the Insurance Commissioner to promulgate a legislative rule relating to AIDS regulations related to insurance.

Senate Bill 60 authorizes the Division of Motor Vehicles to promulgate a legislative rule relating to motor vehicle titling.

Senate Bill 142 clarifies that an annual report with a $25 filing fee must be filed and paid between January 1 and June 30 of each year following the calendar year in which a business was registered in West Virginia.

Senate Bill 146 creates the adult education task force to study and consider funding options, existing funding sources, and the best approach to providing direct funding for adult learning centers.

Senate Bill 147 adds the definition of “ammunition” to obtain a state license to carry concealed deadly weapons.

Senate Bill 148 establishes an auto-renewal program for wildlife licenses.

Senate Bill 149 relates to municipalities required to be represented on county authority boards and establishes that only municipalities with 1,000 or more residents are required to be represented on a county authority board.

Senate Bill 159 prohibits persons convicted of certain crimes against minors from holding positions on boards of education.

Senate Bill 164 relates to trespass generally, including a provision that a person convicted with liability resulting from trespass is “liable to the victim in an amount equal to twice the monetary value of any damage or waste he or she caused to the property which includes the cost of cleanup.”

Senate Bill 166 updates contested election procedures and events through sections of the state election code. It moves election contestations from county commissions to circuit courts and gives a right to appeal to the state Supreme Court of Appeals. It also provides procedures for recounts that must be followed before an election can be contested. Finally, it clarifies that the burden of proof lies with the party that initiated the contest.

Senate Bill 170 includes three types of cancer for which rebuttable presumption of injury from employment exists for firefighters and provides that the presumption for the three types of cancer expires July 1, 2027, unless extended by the Legislature.

Senate Bill 171 prohibits county commissions from passing ordinances or rules stricter than state law regarding agricultural operations.

Senate Bill 172 revises the requirements of local school improvement councils (LSIC). The bill changes the makeup of the LSIC by removing the requirement of a bus driver as one of the ESP members and gives the principal the ability to appoint the three parent/guardian/custodian members instead of a PTO election. The bill requires minutes to be taken at every meeting and then made available to the public on the school’s website. The bill also requires the state board to ensure training in the role and governance of LSICs would be provided to principals, county boards, and others the state board determines appropriate, upon employment and every three years thereafter.

Senate Bill 173 restricts the right of first refusal for the manufacturers and distributors of automobiles when it comes to buying in-state dealerships under certain circumstances.

Senate Bill 190 modifies the definition of “sexual contact” in state law by removing the exemptions for sexual abuse by a spouse.

Senate Bill 200, the Budget Bill, outlines the state’s 2025 fiscal year budget, which totals $4.996 billion.

Senate Bill 217 authorizes the state and its subdivisions to negotiate lower prices for construction when all bids received exceed the maximum budget.

Senate Bill 222 states: “The Department of Tourism and the Department of Veterans’ Assistance, shall develop a comprehensive plan for the development of, and support for, a program which encourages the use of state parks and forests by veterans of this state. The plan may include, without being limited to, reduced or discounted rates on charges for campground rental fees, lodging, and park activities.”

Senate Bill 240 increases fees charged by sheriffs to increase the portion of fees directed to the Deputy Sheriff Retirement Fund

Senate Bill 261 creates the West Virginia Veterans’ Home Loan Mortgage Program Act of 2024. The program would be open to veterans and members of the National Guard and Reserves who are first-time homebuyers and would allow them to obtain home mortgage loans that are at least one percentage point lower than rates available in the marketplace or through other housing programs. The bill’s language requires the veteran to contribute a minimum amount of $2,500 toward the purchase. The required contribution may go toward paying any closing costs incurred by the veteran. There is no limit on the maximum amount of income that may be earned by an eligible veteran for the reduced-rate loan. The program will be administered by the West Virginia Housing Development Fund.

Senate Bill 262 clarifies the procedure for the administrative dissolution of corporations by the Secretary of State.

Senate Bill 269 excludes drug test strips from the definition of drug paraphernalia and specifies that the possession, sale, and purchase of drug test strips is not prohibited in the state.

Senate Bill 280 allows teachers to discuss all scientific theories and creationism theories in public schools.

Senate Bill 300 continues the role of a separate, autonomous Office of the Inspector General. The Department of Health shall provide administrative support upon request.

Senate Bill 318 requires that adoption petitions be filed only after a biological parent’s appeal has been denied, or their allotted time to file such an appeal has elapsed.

Senate Bill 325 deals with the distribution of drugs to safety net providers and contract pharmacies. Under a federal program, it would have pharmaceutical companies cut costs on many drugs sold to pharmacies by 50 percent.

Senate Bill 331 allows counties to save excess funds by eliminating the cap on the maximum amount of money in a county’s financial stabilization fund.

Senate Bill 354 creates the West Virginia Advanced Energy and Economic Corridor Authority Commission. The legislation addresses economic development along the King Coal Highway that once completed will run through McDowell, Wyoming, and Mercer counties among others in the state. The authority will consist of 15 members involved in economic, commercial, or industrial development in the region.
One representative will be chosen by the governor from five counties. Others involved in the authority will include region one and region two planning representatives as well as private sector groups and a utility company member. Once representatives are established on the authority they will begin giving annual reports to the legislature that will highlight projects and partnerships dealing with the King Coal Highway.

Senate Bill 370 corrects the court for appeals of level 3 decisions. Per SB 275 (2021), effective July 1, 2022, the Intermediate Court of Appeals is the proper appellate court for appeals of level 3 decisions issued by the Public Employees Grievance Board.

Senate Bill 378 prohibits smoking in a vehicle when a minor 16 or under is present. It is a secondary misdemeanor offense.

Senate Bill 400 establishes a waiver of the requirement to obtain a certificate of public convenience and necessity for projects that are approved by the Infrastructure and Jobs Development Council and funded by ARPA/SFR monies through Economic Enhancement Grant Fund grants. The waiver expires on January 1, 2025.

Senate Bill 428 establishes appeals from administrative rulings are to be filed with the Intermediate Court of Appeals.

Senate Bill 429 provides additional options for farm-use vehicle tag placement.

Senate Bill 430 establishes the West Virginia Rent-to-Own Act, providing several regulations in rent-to-own agreements.

Senate Bill 438 modifies roster requirements of authorizing entities. This relates to requirements for rosters of individuals who have obtained professional, occupational, and trade licenses, registrations, and certificates made available to the public; establishes exceptions for certain authorizing entities; and removes geographical information from rosters.

Senate Bill 439 authorizes certain 911 personnel to be members of the Emergency Medical Services Retirement System under certain circumstances.

Senate Bill 445 reduces the certification periods for EMS personnel from four years to two years to align certification periods with those of the National Registry of Emergency Medical Technicians and to reduce the certification renewal fees to correspond with the shorter certification period. The bill also requires the Office of Emergency Medical Services to publish disciplinary actions taken against certified EMS personnel on its website.

Senate Bill 451 directs the Prosecuting Attorneys Institute to establish a training program for all newly appointed or newly elected prosecuting attorneys.

Senate Bill 452 designates certain water and wastewater facilities as emergency projects.

Senate Bill 453 requires any pharmacy benefit manager (“PBM”) who contracts with PEIA to be entirely transparent in providing its full data around pricing and payments for drugs and to pharmacies.

Senate Bill 461 extends when the Fort Henry Economic Opportunity Development District may be abolished or terminated and increases the land area within The Ridges Economic Opportunity Development District subject to the special district excise tax.

Senate Bill 462 is the yearly bill that updates definitions of certain terms used in the Personal Income Tax Act.

Senate Bill 466 requires the state board of education to develop a Safety While Accessing Technology education program. The program will teach students to understand and navigate potential dangers they may face online and on social media platforms. The program will be taught once a year in grades 3 through 12.

Senate Bill 475 requires more review and regulations for unscrupulous substance use disorder recovery residences. The bill is intended to crack down on operators who often pack clients into substandard dwellings and treatment practices to skim federal grant dollars from those who want to get clean and sober.

Senate Bill 477 prohibits the public disclosure of personal information on the Internet.

Senate Bill 482 makes changes regarding the Ethics Commission’s rulemaking requirements. The bill modifies the definition of lobbying; removes the ability of the commission to promulgate rules regarding registration of persons exempt from lobbying requirements; removes the requirement that lobbyists’ photographs meet specifications established by rule, removes the requirement that the commission establish a fee for lobbyist training by rule; and establishes that sponsors of grassroots lobbying campaigns report certain information on expenditures over $5,000.

Senate Bill 483 is the yearly bill that amends the Corporation Net Income Tax Act.

Senate Bill 487 requires periodic review of professional development for teachers and education staff. The review will happen every five years.

Senate Bill 503 protects belief-based student organizations at higher education institutions from certain types of discrimination.

Senate Bill 504 modifies elements of a felony offense pertaining to when a school employee or volunteer engages in sexual intercourse, intrusion, or contact with students.

Senate Bill 507 repeals WV EDGE. The WV EDGE program became unnecessary with the passage of the dual enrollment pilot program.

Senate Bill 529 includes Salem University in the PROMISE Scholarship Program.

Senate Bill 530 removes the requirement for counties to draft and adopt zoning ordinances.

Senate Bill 533 allows an emergency medical services agency to triage and transport a patient to an alternative destination in the state or treat in place if the ambulance service is coordinating the care of the patient through medical command or telehealth services. The bill requires insurance plans to provide coverage for those services.

Senate Bill 539 creates a new centralized database for West Virginia’s cold cases. Law enforcement agencies across the state will be able to send information to the Fusion Center where it will then be compiled into one database where agencies will be able to collaborate and even see possible patterns. The database will include unsolved violent crimes, sex crimes, missing persons and unidentified human remains. The bill also creates partnerships between the Fusion Center, Marshall University, and West Virginia State Police in the use of this database and technology.

In Case You Missed It… 2024 Completed Legislation, Part 4

(2575 Introduced Bills; 1698 were introduced in the House; 279 Completed; 123 House Bills)

House Bill 5349 creates the West Virginia Truth in Food Labeling Act. The bill requires certain labeling to be present on food items such as “meatless,” “plant-based,” “cell-cultured,” and “lab-grown.”

House Bill 5395 repeals the code requiring the Board of Review to be a party to all judicial actions involving its decisions. The bill also provides that appeals of unemployment benefits shall be to the Intermediate Court of Appeals rather than the Circuit Court of Kanawha County. Additionally, the bill makes the commissioner’s participation in an appeal discretionary, as opposed to required.

House Bill 5405 allows the DOE to use the funding it already has for professional development to train less than certified FTEs. The $15 million, which is already in the DOE’s budget, will be used to train the 1700 noncertified FTEs, new teachers, and certified teachers looking to expand their experience.

House Bill 5430 authorizes the Supreme Court of Appeals to pay newly appointed or elected circuit judges, family court judges, and magistrates per diem compensation and expenses for attending training and education sessions prior to taking the oath of office and beginning their term.

House Bill 5432 moves the functions of the outdated Information Services and Communications Division into the Office of Technology. The bill authorizes the Office of Technology to assist the Executive Branch in developing agency data retention policies and directives. The bill has completed legislative action.

House Bill 5435 creates a comprehensive registered apprenticeship to associate of applied science degree program to be known as the Skilled Trades Apprenticeship Nontraditional Degree (or STAND) program to provide apprentices or journey workers with the opportunity to obtain associate degrees in applied science while gaining practical skills and on-the-job training through federally recognized apprenticeship programs. The program will allow the eligible student to earn at least 15 credit hours of general education courses toward an associate of applied science degree.

House Bill 5510 provides penalties for criminal offenses of intimidation or retaliation against public officers and employees, jurors, and witnesses.

House Bill 5514 enhances training requirements for county board of education members by increasing the number of hours required for training. The bill increases the compensation rate for meeting attendance and decreases the number of meetings members may be compensated.

House Bill 5520 amends the code to reduce the age of presumptive incompetency from age 13 to age 12. The bill also clarifies that a juvenile presumed incompetent or where competency has yet to be determined is still subject to pre-adjudicatory procedures but cannot be adjudicated until judicially determined to be competent.

House Bill 5528 increases the allowed megawatts of generated capacity by regulated utilities to 100 megawatts.

House Bill 5540, Laken’s Law, requires public schools to provide fentanyl prevention and awareness education. Students shall be instructed on how to use FDA-approved opioid reversal agents and how to prevent the abuse and addiction to fentanyl.

House Bill 5549 authorizes the DMV to secure license plates from an alternative source if the Division of Corrections and Rehabilitation is unable to provide a six-month supply due to shortages of resources or labor.

House Bill 5561 updates the WV Uniform Trust Code to allow for e-signatures on trust documents.

House Bill 5569 prohibits the requirement that appraisers pay for background checks.

House Bill 5582 clarifies a licensing requirement exemption for evaluations of real estate that serve as collateral for a loan from a financial institution insured by FDIC. The bill adds requirements intended to make it clear to borrowers that the evaluation was not performed by a licensed real estate appraiser. The bill also allows the appraiser board to issue an appraiser licensee a copy of his or her license via an electronic format.

House Bill 5583 adds that the Commissioner of Highways may issue a special permit to operate or move a vehicle or combination of vehicles of a size or weight of vehicles or non-divisible load exceeding the maximum specified in state law over routes designated by the Commissioner of Highways at night, and during holidays, holiday weekends, Saturdays, and Sundays. The special permit applies to all interstate highways, United States highways with four or more travel lanes, and divided highways within the state with four or more travel lanes.

House Bill 5594 exempts contracts and MOUs with spending units in state government and WVU and Marshall University.

House Bill 5604 adds to the purchasing division section of the code. The bill gives spending units an exemption for technological infrastructure under $250,000. The bill also creates IT marketplace portals to facilitate purchases.

House Bill 5617 was requested by the Public Service Commission. The bill allows the PSC to create rules for the inspection, flow testing, flushing, and marking of fire hydrants. The bill requires all public water utilities to comply with the PSC rules.

House Bill 5632 amends the obligations of nonresident brokers under the West Virginia Real Estate License Act by removing the requirement that every broker have an active place of business within WV.

House Bill 5650 prohibits suspended school employees from being barred from attending public events on school property while suspended. The employee shall be allowed to exercise rights as a parent or guardian while suspended.

House Bill 5662 adds “person in a position of trust in relation to a child” into the code for child abuse and neglect.

House Bill 5668 creates the Responsible Gaming and Research Act. The bill provides for data collection on gaming operations within the state to ensure the integrity of gaming and to understand responsible gambling and problem gambling. The data can be shared for scholarly purposes. The bill requires an annual report on the impact of casinos, iGaming, racing, iLottery, and sports wagering, and on problem gamblers and gambling addiction in WV to the Joint Committee on Government Finance.

House Bill 5690 creates the WV Trask Force on Artificial Intelligence to be organized within the Governor’s Office. The appointed members are tasked with defining AI, determining which agencies should be tasked with overseeing artificial intelligence policy, determining best practices for the public sector, and recommending legislation. The bill requires the task force to meet 120 after the bill takes effect and requires a report by July 1, 2025.

House Bill 5696 assigns Wood County as the lead member county of the Upper Ohio Valley Trail Network Recreation Authority.

In Case You Missed It… 2024 Completed Legislation, Part 3

(2575 Introduced Bills; 1698 were introduced in the House; 279 Completed; 123 House Bills)

House Bill 5084 requires that a valid driver’s license, state identification card, or military identification card be presented to verify the minimum age of eighteen for the purchase of tobacco-related products.

House Bill 5091 removes the requirement that critical infrastructure be enclosed by a fence or barrier or marked with no entry sign. The bill increases penalties for the destruction or theft of critical infrastructure. The bill also adds digital equipment, relating to damage from a cyber-attack or digital interference.

House Bill 5105 removes the requirement that students attending virtual charter schools be vaccinated unless they want to participate in WVSSAC-sanctioned athletics. The bill also allows private or parochial schools to set their own vaccination guidelines unless students want to participate in WVSSAC-sanctioned athletics.

House Bill 5117 reduces needless rule-making where the rule that is proposed simply restates the code provisions regarding the waiver of initial licensing fees for low-income individuals and military families.

House Bill 5122 removes the upper limitations on the age at which deputy sheriffs and municipal police officers may be initially appointed.

House Bill 5128 directs the transfer of money into fire protection funds at the end of each fiscal year.

House Bill 5151 adds former foster parents to the definition of fictive kin. The bill also adds a definition for the restorative justice program.

House Bill 5153 updates the requirements of the WV STEM Scholarship. It allows for students of public, private, charter, home, mico, and pod schools to be eligible for the scholarship.

House Bill 5157 modifies the tax rate for health care providers increasing it as needed to provide non-federal share funding. The Bureau for Medical Services is granted the authority to calculate the new rate. The new rate is required to be within the allowable rates of the Center for Medicare and Medicaid Services (CMS) and the calculation must be done according to CMS-approved methodologies. The Tax Commissioner is required to publish the new rate. The bill also opens the provider tax up to all types of facilities.

House Bill 5162 creates the “Youth Apprenticeship Program” which allows students 16 years or older the opportunity to enroll in apprenticeship programs, which would allow them to receive credits for the apprenticeship. The bill makes the WV Department of Education responsible for establishing the program, including setting standards, providing guidelines for county boards to approve local enterprises, and granting release time from public schools to participate in the program. The bill requires that the State Board of Education, Higher Education Policy Commission, and Department of Commerce jointly maintain a list of current apprenticeships throughout the state along with free career exploration resources and planning materials for postsecondary opportunities in addition to credentials, certifications and/or exams that reflect industry requirements or lead to postsecondary credit.

House Bill 5170 increases the matching grants for local economic developments to $50,000.

House Bill 5175 abolishes the Center for Nursing and creates the Office of Nursing Education and Workforce Development within the Higher Education Policy Commission. The bill moves all the functions of the Center for Nursing to the Office of Nursing Education and Workforce Development, which will be charged with providing support for expanding nursing programs, promoting, and coordinating opportunities for nurses to earn higher degrees, administering the scholarship program for nurses, and collecting and disseminating data.

House Bill 5178 allows for the DMV’s online electronic insurance verification system may be accessed by new and used motor vehicle dealerships in this state to verify if a prospective purchaser has valid motor vehicle insurance.

House Bill 5188 eliminates the prerequisite that a disabled police officer or firefighter be found unable to engage in other substantial gainful employment before awarding disability benefits.

House Bill 5213 provides for one free Gold Star Family license plate to a Gold Star spouse.

House Bill 5232 clarifies that an employer may not terminate or take any other adverse action against an employee for lawfully possessing a firearm in a motor vehicle unless statements are made pertaining to unlawful purposes or terroristic threats.

House Bill 5261 expands the definition of small arms to include the receiver or frame for purposes of taxation.

House Bill 5262 establishes the Teacher’s Bill of Rights. It divides the duties of counselors, the student-to-instructor ratio for special education classes, and compensation when the teacher-to-student ration is exceeded. The bill also clarifies the process for the removal of students.

House Bill 5267 amends the Deputy Sheriff Retirement System. The bill substitutes “credited service” with “contributory services” and “the preceding 12-month period” with “the last 12 full months” when calculating death benefits.

House Bill 5268 clarifies that horizontal wells and horizontal drilling well work include the injection of fluids or gasses to enhance the recovery of oil and natural gasses.

House Bill 5273 provides a method of calculating death benefits for an Emergency Medical Services Retirement System surviving spouse of a member who was not 60, had more than 10 years of contributory service, was receiving non-duty related disability, and died. The bill authorizes a refund of accumulated contributions for members who die from non-duty-related injury and do not have enough service to qualify for a death benefit from the plan. The bill also substitutes “the preceding 12-month period” with “the last 12 full months” when calculating death benefits.

House Bill 5294 removes the winery classification system. The bill allows brewers to offer both complimentary samples and for sale samples (aka flights) on and off premises. The bill provides sampling limits in ounces for beer, liquor, and wine. The bill makes changes to align with the new PODA dual licenses with fairs and festivals.

House Bill 5295 authorizes private outdoor designated areas (PODAs) to host multiple qualified permit holders at the same time. The bill allows for dual licensing of fairs and festivals at the same time as other PODAs. The bill allows for any Class A, Class B, or Class S2 license holder to apply and receive a Class S4 license to operate as a qualified permit holder within a PODA. The bill clarifies that qualified permit holders in a PODA do not share liability or responsibility. Municipalities determine if they want to allow PODAs to happen. If the municipality decides to allow PODA, the qualified permit holder (Class A, B, or S2) can then apply for an S4 license. Each entity participating must have its own liability insurance including the city.

House Bill 5298 prohibits unsuccessful candidates in a primary election from being nominated by a different political party for placement on the subsequent general election ballot.

House Bill 5317 makes it permissive for commercial motor vehicles registered in West Virginia to pass an annual inspection of all safety equipment to be consistent with the federal motor carrier safety regulations.

House Bill 5326 prohibits unfair real estate services agreements. The bill defines an unfair agreement to be an agreement that: (1) runs with the land/binds future owners; (2) creates a lien or security interest in the property; (3) allows the contract to be assigned without timely notice to the owner; and (4) lasts longer than 1 year (for residential properties). Under this law, unfair real estate agreements are void and a person subject to an unfair real estate agreement has a private right of action for injunction.

House Bill 5332 exempts persons who have previously been commissioned as a notary public from the requirement of having a high school diploma or its equivalent.

House Bill 5338 creates the Consumer Data Protection Act to establish a framework for controlling and processing personal data in the state. The bill clarifies these standards do not apply to state and local governmental agencies. The bill provides exemptions for certain types of data.

House Bill 5347 establishes a program where emergency medical technicians for EMS can become certified paramedics after three years of service, with costs paid by the state.

House Bill 5348 renames the Raleigh County Recreation Authority to the Raleigh County Parks and Recreation Authority.

In Case You Missed It… 2024 Completed Legislation, Part 2

(2575 Introduced Bills; 1698 were introduced in the House; 279 Completed; 123 House Bills)

House Bill 4832 amends finance reporting requirements of the state superintendent to the Legislative Oversight Commission on Education Accountability. The bill also states any school district failing to report to the state superintendent can lose state funding.

House Bill 4837 synchs up the time for retention of records by financial institutions and the statute of limitations for bringing a cause of action to recover a deposit. The bill also clarifies that actions to enforce obligations may not be maintained if the bank destroys or disposes of the relevant records for compliance.

House Bill 4838 requires that the county boards of education provide long-term substitute teachers with information about IEP plans and 504 plans.

House Bill 4845 creates a misdemeanor offense of swatting. Swatting is reporting by telecommunications false or misleading information to a law enforcement agency and/or emergency services knowing the information to be false or misleading. For second and subsequent offenses OR if a violation causes bodily harm to another, the offending individual is guilty of a felony. If convicted, the individual shall be fined between $5,000 and $10,000 and/or imprisoned in a state facility for one to five years.

House Bill 4850 removes the sunset date for the valuation of property producing oil, natural gas, and natural gas liquids. The bill does not change the methodology.

House Bill 4860 clarifies it is the responsibility of general education teachers and special education teachers to monitor students’ progress. The bill does require general education teachers to use supplementary services documentation sheets on days accommodations. All accommodations shall be discussed before placement.

House Bill 4863 creates the Patriotic Access to Students in Schools Act. The bill allows representatives of a patriotic society to speak with and recruit students to participate in their organization during school hours to inform them on how the patriotic society can further students’ interests and civil involvement.

House Bill 4874 updates the composition and authority of the Fatality and Mortality Review Team.

House Bill 4880 provides a 3-year phased-in exemption of 35% beginning on January 1, 2024 (65%, on January 1, 2025, and 100% on January 1, 2026, respectively) from WVPIT of Social Security benefits received by a taxpayer with a Federal Adjusted Gross Income that exceeds $100,000 or less if married filing jointly, or $50,000 or less if single or married filing separately.

House Bill 4882 extends in-state tuition rates to all members of the armed forces, National Guard, reserves, and veterans, as well as their spouses and dependents. Currently, they must move here and wait a year to qualify for in-state tuition. The committee substitute clarifies the eligibility for instate tuition does not preclude them from other waivers for tuition.

House Bill 4883 gives pay raises to state workers whose pay scales are in state code, which includes state police personnel and public-school educators. State police personnel will receive a $2,900 annual salary increase. Teachers will receive a $2,460 annual pay increase, with school service personnel receiving an additional $140 a month.

House Bill 4911 authorizes the sale of raw milk. The bill requires any container of raw milk sold to be labeled as “unpasteurized raw milk” with the name and physical address of the seller, date of production, and a specific warning about foodborne illness.

House Bill 4919 permits a student to reapply for the Promise Scholarship on an annual basis if that student falls out of eligibility during the academic year in college.

House Bill 4933 provides a $2,000 limit for Medicaid Dental Coverage every two years. Recipients must pay for services over the $2,000 limit. It takes effect on July 1, 2024.

House Bill 4940 clarifies that squatting is trespassing. The bill states squatters can be removed from property and charged with a criminal misdemeanor.

House Bill 4945 modifies how the HOPE Scholarship is funded, the composition and the powers of the HOPE Scholarship board, and the parents’ agreement for the recipient of HOPE funds. The bill makes HOPE Scholarship Board records confidential and not subject to FOIA.

House Bill 4951 enacts the Interstate Compact for School Psychologists.

House Bill 4967 provides environmental liability protections to individuals who want to purchase and redevelop brownfield properties for economic development.

House Bill 4971 limits property tax on critical materials manufacturing.

House Bill 4975 requires the Department of Human Services to create and incorporate into the current child welfare system foster care communication system. The system should be fully implemented by July 1, 2026.

House Bill 4976 requires the General Inspector’s contact information on all state agencies and boards’ websites.

House Bill 4984 repeals the tax credit for employing former employees of Colin Anderson Center.

House Bill 4986 provides computer science and cybersecurity instruction for adult learners.

House Bill 4998 modifies the penalty for third offense conviction of shoplifting by removing a provision that would allow home detention to be used after one year of incarceration. The bill states that if the court finds evidence that the person who was convicted a third or subsequent time is found to be abusing drugs or alcohol, the court shall order an evaluation to determine if the individual has a substance use disorder. If so, the court shall order treatment for the substance use disorder.

House Bill 4999 expands the exception of spousal privilege to include cases of crime against grandchildren, minors, or any person with a mental disability.

House Bill 5006 amends the A. James Manchin Rehabilitation Environment Action Plan. The plan is an effort with the DEP to address litter, waste, dumps, and recycling programs. The bill requires recycling establishments to report to DEP the listed materials that are being recycled in the state. The bill also establishes new criteria for evaluating the success of the state’s recycling, which must be evaluated every five years. These changes are to ensure federal funding. The WV DEP shall report recycling data to the US EPA.

House Bill 5013 amends the definition of managed timberland to be more inclusive of certain real estate by removing an exception to the program concerning subdivisions and planning ordinances. The bill also expands upon the definition of an exception to the program concerning property precluded from development.

House Bill 5014 is a supplementary appropriation to the WVU General Administration Fund for $2,000,000 to fund a Pilot Program through the Rockefeller Neurosciences Institute. The team at WVU RNI developed a tactic to use ultrasound to treat Parkinson’s, Alzheimer’s, and opioid use. The team has received FDA clearance to expand the program to treat PTSD and obesity. The two health concerns are very prominent in West Virginia.

House Bill 5017 creates a statewide permit for mobile food service establishments. The permit will be issued from the vendor’s local or county health department. A vendor in compliance with the issuing health department is in compliance with all health departments. The permit shall be valid for up to a year. No additional fees can be charged for any in-state venter that has received the statewide permit. Each vendor is required to notify the local health department where they will be operating at least 72 hours before operation begins.

House Bill 5019 removes the requirement that an individual must return/surrender a license when downgrading or disqualifying a driver’s license.

House Bill 5024 amends provisions of the WV Code relating to the WV personal income tax. The bill creates a new exemption from personal income taxes for non-grantor trusts when the trust was created under WV law or has its situs in WV and is administered by a WV resident or cooperate trustee with a place of business or physical presence in the state.

House Bill 5045 clarifies carbon sequestration may not pollute groundwater.

House Bill 5056 allows full-time school service personnel to substitute in other service personnel positions on a day-to-day basis.

House Bill 5057 sets the referral fee for an insurance company or producer to a one-time fee of no more than $100.