Saturday, September 13, 2025
Saturday, September 13, 2025
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Senate Passes 1 House Bill, 4 Senate Bills

Madison Perdue
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Senate Passes 1 House Bill, 4 Senate Bills

The Senate Convened at 11:00 AM today to discuss the passage of five bills, one of which originated in the House.

HB 4042 states that agencies exempt from state purchasing requirements adopt rules regarding purchasing procedures. The Senate requests the House to concur before it is sent to the governor.

SB 482 was passed, which removes the requirement that an individual have a permit to store a handgun in their vehicle on school property.

SB 620 authorizes the Division of Corrections and Rehabilitation to approve home plans for inmates. The commissioner is to establish a nonviolent offense parole program, and to create the criteria for eligibility for such a program.

SB 625 creates a one-day annual license to allow for the charitable auctions of rare or antique sealed liquors in private clubs, so long as other code sections regarding the sale of alcohol are not violated.

SB 629 clarifies alcohol volume percentage for certain wines. The bill clarifies that wine can be sold by a wine specialty shop for consumption off-premises only except where tasting and sampling have been permitted. The bill also removes the bonding requirement for suppliers and distributors, and continues the penalties for a distributor or supplier who does not pay taxes.

Senate bills 716-725 were introduced and referred to the appropriate committees.

The Senate also adopted Resolution 32, designating February 6, 2020 as Veterans’ Visibility Day at the Legislature. Resolution 33 was adopted as well, reaffirming the sister-state relationship between West Virginia and Taiwan. Two recesses were held for the presentation of these resolutions.

The Senate is adjourned until 11:00 Am tomorrow.

The Senate Health and Human Resources Committee will meet at 1:00 PM in room 451M.

The Senate Committee on Energy, Industry and Mining will meet at 1:00 PM today on room 208W.

The Senate Education Committee will meet at 2:00 PM in room 451M.

The Senate Committee on Government Organization will meet at 2:00 PM in room 208W.

The Senate Judiciary Committee will meet at 3:00 PM in room 208W.

The Senate Finance Committee will meet at 3:00 PM in room 451M.

House Finance Postpones Action on Tax Bill

Andrea Lannom
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House Finance Postpones Action on Tax Bill

Legislators postponed action on a bill that would provide a credit for West Virginians earning income in another country, following concerns about needing more information.

In a Thursday morning Finance Committee meeting, members took up Senate Bill 170. Counsel explained that residents earning income from another state earn credits against the taxes paid if West Virginia has a memorandum of understanding with that state. This bill would expand the credit to people earning income in any foreign country, regardless of whether there is a memorandum of understanding.

This bill would apply to income more than $100,000. Income that is not reflected in federally adjusted gross income, under $100,000, would not be subject to the credit. The tax credit under this bill would be for the full amount. The bill would also apply to companies as well, counsel explained.

Twenty other states have adopted similar legislation.

Delegates expressed some concerns about the bill including not knowing the full fiscal effect it would have on the state’s revenue. Delegate Paul Espinosa, R-Jefferson, moved to lay the bill over to the next Finance Committee meeting to get more information. The committee adopted this motion.

House Completes Action on Suffocation Bill

Juliet Thomas
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House Completes Action on Suffocation Bill

A bill creating a felony offense for suffocation and asphyxiation completed legislative action Thursday.

House Bill 4393 defines the terms “bodily injury,” “strangle,” “suffocate,” and “asphyxiation.” Those convicted of this felony will be fined up to $2,500 and serve a sentence in a correctional facility for one to five years. Before this legislation was completed, any crimes relating to asphyxiation were classified as assault crimes.

The House passed three bills. House Bill 4352 removes barriers to employment for those with previous criminal records that seek licensure or certification in an occupation governed by state law. This bill also reduces the number of hours necessary to qualify for certain licenses, such as electrical work or sprinkler-fitting.

House Bills 4380 and 4509 were also passed.

Sixteen bills were advanced to third reading. Eleven bills were advanced to second reading.

Action for one bill, House Bill 4455, was postponed for one day.

Four resolutions were introduced. House Bills 4712-4734 were introduced.

The House is adjourned until 10:30 a.m. Friday.

House Bill Reduces Tax on Hard Apple Cider

Juliet Thomas
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House Bill Reduces Tax on Hard Apple Cider

The House Government Organization Committee advanced a bill on Wednesday that would reduce the amount of tax on alcoholic apple cider.

House Bill 4159 is meant to facilitate the economic development of hard cider in this state by reclassifying hard cider in code. Currently, hard cider is being taxed under the classification of wine due to the fermentation process. However, many compare the beverage of hard cider as an alternative to beer because they have a similar alcohol content. Wine is taxed at a significantly higher rate than beer, and advocates said the rate is hindering the growth of the hard cider industry. Under this new classification, hard cider will be taxed at a rate that is in between wine and beer.

Jennifer Greenlief, assistant commissioner at the West Virginia Department of Agriculture, said that this lowered tax would help promote the growth of the hard cider industry in our state. She said West Virginia has the potential to be a big contender in the cider market because of the growing conditions in the state.

She also told the committee that this bill was modeled after a successful program in our neighboring state, Virginia. Their hard cider industry has grown significantly in the past several years. Virginia reflects the standard of national cider sales, which have grown an average of 73% each year over the past five years.

The bill also dedicates money from the cider tax to further fund and develop the industry. The money in this Agriculture and Development fund will be used to grow local apples and other fruits.

House Bill 4159 will be examined in House Judiciary before being reported to the full House.

The Government Organization Committee also advanced House Bill 4663, which would eliminate certain payments to the Alcohol Beverage Control Commissioner from distilleries and mini distilleries that the commissioner distributes to market zone retailers. Market zone retailers that bid on liquor licenses own exclusive rights to sell liquor in the state.

Under current law, all distilleries and mini distilleries in the state must pay a two percent fee to the West Virginia ABCA, which is then distributed to all liquor distributers in the state. The fee is a selling fee which is considered payment for putting products on shelves.
This bill would eliminate the 2% payment for distilleries and mini distilleries that do not sell their products to other stores. It only includes distilleries that sell their products exclusively on premise.

According to the West Virginia Retailer’s Association President Bridget Lambert, one-third of the state’s liquor stores are free-standing, and two-thirds are owned by a multinational corporation, which includes corporations like Walmart, Walgreens and CVS.

House Bill 4663 will be examined in House Finance before being reported to the full House.

Senate Judiciary Advances 3 House Bills, 1 Senate Bill

Madison Perdue
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Senate Judiciary Advances 3 House Bills, 1 Senate Bill

The Senate Judiciary Committee met at 3:00 PM today and advanced four bills, three of which were House bills. These four bills will be reported to the full Senate with recommendation for passage.

HB 2922 deals with requirements for a person found guilty of opiate or opioid possession to obtain a final order of dismissal. The bill authorizes a court to require the successful completion of a drug court program or drug treatment program for the defendant to qualify for a final order of discharge or dismissal. This bill does not apply to those found guilty of the possession of marijuana.

HB 4275 is a Rules bundle which authorizes the Department of Military Affairs and Public Safety to promulgate rules relating to the state Fire Commission.

SB 484 requires that free feminine hygiene products be provided to female inmates of state correctional facilities and juvenile detention centers, and defines a term. The bill has been referred to the Senate Finance Committee before being reported to the full Senate.

HB 3039 was also approved by the committee and will be reported to the full Senate.

 

Senate Rejects Resolution for Preserving Separation of Powers Amendment

Madison Perdue
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Senate Rejects Resolution for Preserving Separation of Powers Amendment

The Senate met at 11:00 AM today and discussed Senate Joint Resolution 7,which would create the “Preserving the Separation of Powers Amendment” to West Virginia’s State Constitution. The amendment would dictate that the courts would have no authority to interfere with legislative proceedings.

The resolution was presented by Senator Charles S. Trump IV, R-Morgan, who yielded to questions and discussion by the Senate. Senator Trump addressed concerns about the constitutionality of the amendment and whether this resolution would interfere with the checks and balances of state government. Trump assured the Senate that the resolution would not interfere with judicial review, and the purpose of the resolution is to avoid judicial tyranny.

Other members of the Senate expressed disapproval for the amendment, raising some concerns about the safety of the State Constitution and legislative proceedings involving the courts.

20 members voted in favor of the amendment and 13 voted against it. The resolution was rejected because its adoption did not receive more than 2/3 of the votes.

10 bills were passed during today’s floor session.

Legislation was competed for House bill 4091, which allows for expedited oil and gas well permitting upon payment of fees.

The Senate also passed House bill 4393, which creates criminal penalties for asphyxiation and suffocation, and adds the terms to the definition of strangulation. The Senate requests the House to concur before advancing the bill to the governor.

Senate bills 190, 300, 308, 316, 544, 551 and 560 were passed and will advance to the House.

The Senate adopted Resolution 30, designating February 5, 2020 as Tucker County Day. Resolution 31 was also adopted, designating today as Cancer Survivorship Day. Two brief recesses were held for the presentations of these resolutions.

Senate bills 699-715 were introduced and referred to the appropriate committees.

The Senate is adjourned until 11:00 AM tomorrow.

The Senate Committee on Economic Development will meet at 1:30 PM in room 208W.

The Senate Pensions Committee will meet at 2:00 PM in room 451M.

The Senate Committee on Agriculture and Rural Development will meet at 2:00 Pm in room 208W.

The Senate Judiciary Committee will meet at 3:00 PM today in room 208W.

The Senate Select Committee on Children and Families will meet tomorrow at 9:30 AM

House Passes Anesthesia Bill

Juliet Thomas
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House Passes Anesthesia Bill

The House passed 12 bills Wednesday, including one relating to administering anesthetics.

House Bill 4356 updates credentials for certified nurse anesthetists who cooperate with a physician or dentist. An amendment offered on third reading was adopted, which states that the administration of anesthesia may be provided by a certified registered nurse anesthetist (CRNA) in cooperation with an anesthesiologist. If no anesthesiologist is readily available, the administration of anesthesia may be provided by a certified registered nurse anesthetist, in cooperation with a physician or dentist.

Under this bill, surgeons will not have to direct or be in the presence of the CRNA during the administration of anesthesia. The patient will be ready for their procedure once the doctor walks into the room. The bill aims to benefit rural or smaller hospitals that do not have anesthesiologists readily available to perform procedures. It will also not hold physicians or dentists liable for the practice of the CRNA.

The bill passed as amended.

The House also passed 11 other bills and completed action on Senate Bills 311 and 357. Senate Bill 311 provides that a judge or magistrate may choose to order community service in lieu of incarceration or a fine. Under this bill, an 8-hour day of service substitutes for one day of incarceration. The purpose of this bill is to reduce the prison population and also have more people participating in services that benefit the community.

Three bills were advanced to third reading. Seventeen bills were advanced to second reading.

House Bills 4692-4711 were introduced.

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

House Health Advances Tobacco Cessation Bill

Andrea Lannom
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House Health Advances Tobacco Cessation Bill

The House Health and Human Resources Committee advanced five bills, including one that would dedicate interest from the Rainy Day B Fund to smoking prevention and cessation efforts.

In their Tuesday evening meeting, committee members took up House Bill 4494, the Tobacco Use Cessation Initiative. The bill would take a portion of interest out of the Rainy Day B Fund and place it into a Tobacco Cessation Fund, which would be used by the Division for Tobacco Cessation. In consultation with an advisory board, the division would work on developing evidence-based programs to reduce smoking.

The Rainy Day B Fund was established following a 1998 settlement with tobacco companies. West Virginia took a portion of the tobacco settlement money as a down payment on the teacher retirement plan deficit. The remaining amount was placed into Rainy Day B, which depending on the market, can generate more than $20 million a year in interest.

Delegate Mick Bates, D-Raleigh, the lead sponsor of the bill, explained that the money in the Rainy Day B fund will remain unappropriated in that fund until 2025.

“This would take the lid off Rainy Day B and take a portion of interest to dedicate to evidence-based tobacco, including vaping, cessation and prevention efforts, to be determined by a task force,” Bates said.

The bill would not touch the principal already accumulated and would only dedicate 50% of the available interest. Smoking cessation programs would be funded through a special revenue account. The Legislature would determine the spending authority.

House Majority Leader Amy Summers, R-Taylor, explained that money cannot be taken from Rainy Day B until Rainy Day A has expired. Summers asked how the bill would change that. Bates explained the bill would change the date in which funds could be taken from Rainy Day B.

The bill now heads to the House Finance Committee.

The committee also advanced a bill that would allow the Office of Health Facility Licensure and Certification (OHFLAC) to impose civil penalties or to suspend licenses of behavioral health centers.

Currently, OHFLAC does not have that authority and can reprimand, stop admitting people on a temporary basis, or shut down a behavioral health center.

The committee heard from Mark Drennan, CEO of the West Virginia Behavioral Healthcare Providers Association, who told legislators that facilities struggle with attracting and retaining staff.

“For our direct care staff alone, there are 1,200 vacancies,” Drennan said. “This is directly related to pay. We have not had a significant rate increase since 2011.”

Drennan said there was an 8.5% increase last year but he believed that to retain people, wages would have to be increased to $13 per hour, which he said he believed would go farther than additional penalties. Drennan said he also was worried about the proposed elimination of the IDD Waiver wait list, because a certain amount of people would be in the health facilities.

“At this point, it would be hard to add 300 people to the rolls when we have 1,200 vacancies,” he said.

The committee advanced the bill, which next heads to the House Judiciary Committee.

The committee advanced three other bills Tuesday, including House Bill 4551, which narrows adoption subsidies including that subsidies would not be made for adopted children once they turn 18 years-old, unless there is a special need that warrants the continuance of assistance. The bill also would end subsidies after they turn 21 years-old and for those under 18 if the department determines the adoptive parent does not have a familial bond with the child. 

This bill now heads to Finance.

The committee also advanced House Bill 4569, which adjusts the rates on managed care organizations, and reconsidered and then advanced House Bill 4003, which relates to telehealth insurance requirements. House Bill 4569 heads to Finance.

House Judiciary Advances Two Alcohol Bills

Juliet Thomas
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House Judiciary Advances Two Alcohol Bills

The House Judiciary Committee met Tuesday to consider several bills, two of which deal with alcohol laws.

House Bill 4524 permits the sale of alcoholic beverages (beer, wine and liquor) for off-premise consumption throughout the entire state. The bill provides an option for counties to prohibit alcohol sales if their local government chooses so. There are currently 13 dry areas in the state, including counties, towns and cities.

House Bill 4158 permits people of the legal drinking age to manufacture alcoholic liquor for personal or family use. This liquor is not allowed to be sold. Federal laws have criminal penalties for those guilty of this crime currently, where people found guilty can serve up to five years in prison and up to $10,000 in fines. This bill decriminalizes the action of home liquor production in the state of West Virginia.

An amendment offered in committee by Delegate Geoff Foster, R-Putnam, and Delegate Rodney Miller, D- Boone, changed the amount of liquored manufactured in a calendar year under this bill from 100 gallons per person in the household to 50 gallons.

The amendment was passed in committee.

Both House Bill 4524 and 4158 were reported to the full house with the recommendation of passage. The Judiciary Committee also advanced House Bills 4576, 2527 and 4067.

House Completes One Bill, Passes Six

Juliet Thomas
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House Completes One Bill, Passes Six

The House concurred with the Senate amendment for House Bill 4103 on Tuesday, therefore completing action on the bill. The House also passed 6 bills.

House Bill 4103 clarifies the organizational structure of the Office of Drug Control Policy (ODCP) within the Department of Health Human Resources. The ODCP is responsible for several duties, including creating policies that will help drug, alcohol and tobacco issues.

House Bill 4412 relates to educational benefits for members of the U.S. National Guard. Under current law, West Virginia is responsible for paying tuition and fees for higher education for students who are members of the National Guard. This bill provides that the federal government will pay the tuition and fees first, rather than covering the remainder. This saves money from out-of-pocket costs for students that are members of the National Guard. There are other states that have passed similar legislation.

House Bill 2892 relates to searches and seizures of digital property. This bill defines the terms of “digital and virtual information.” This bill includes digital and virtual information in the definition of property that can be searched and seized under a warrant. If a warrant is issued for an electronic device, then the information that the item contains is also permitted to be searched.

The House also passed House Bills 2164, 4102, 4137 and 4434.

Action for two bills, House Bills 4001 and 4356, were delayed

Thirteen bills were advanced to third reading. Three bills were advanced to second reading.

Five resolutions were introduced Tuesday. House Bills 4665-4690 were also introduced.

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

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