The Judiciary Committee met this morning.

Markup & Passage

House Bill 2131 gives the WV Legislature legal standing in court actions related to unauthorized election law and rule changes by state officials. Both chambers would have to agree to bring suit and hire a lawyer.

House Bill 2164 authorizes local school boards, public charter schools, and private/religious schools to employ school safety officers (SSOs). The SSOs would be authorized to carry a firearm on school property. They are not law enforcement and have no power to arrest, but they can detain individuals on school property. School boards must obtain insurance. The Guardian Program was added to the committee substitute.

House Bill 2351 increases compensation for panel attorneys of the Public Defender Services to $80 for out-of-court work and $100 for in-court work. The PDS must report a summary of legal services.

Committee Hearing

House Bill 2067, the West Virginia Firearms Liability Clarification Act, gives firearms manufacturers protections from liability when an individual uses a firearm to commit a crime.

House Bill 2881 expands the number of members in the Child Abuse and Neglect Investigation Unit to 19. The bill allows for retired State Police to be a part of the unit.

House Bill 3017 requires ballot tabulating equipment to not be connected to the internet. The bill requires inspections and audits by the clerk. The Secretary of State will also do random inspections.

The Senate passed two bills dealing with transgender issues during Thursday’s floor session.

Senate Bill 299 would modify state regulations on pubertal modulation, hormonal therapy, and gender reassignment.

The legislation would restrict gender affirming care for minors. The bill amends existing codes to prohibit physicians, physician assistants, and advanced practice registered nurses from providing gender reassignment surgeries and gender-altering medications to minors, with very limited exceptions for certain medical conditions.

The Legislature passed a near-total ban on medication-based gender affirming care in West Virginia in 2023. This bill would remove a previous exception from two years ago that currently allows hormonal therapy for severe gender dysphoria under specific conditions, such as multiple mental health and medical professional opinions, along with parental consent.

The legislation stipulates that violation of the law by medical professionals would constitute unprofessional conduct, subject to disciplinary actions by licensing boards. The bill would allow individuals to pursue legal recourse for actual or threatened violations, including compensatory damages and injunctive relief. The legislation also empowers the Attorney General to enforce compliance.

Supporters of this bill argue it is a way of protecting children from potentially harmful and irreversible procedures, while opponents are concerned about the potential for increased suicide and self-harm risk among transgender youth if access to care is abolished.

If the bill completes legislative action it would take effect on Aug. 1. There is currently no grandfather provision in the legislation for individuals that are already receiving treatment when the law takes effect.

Also on Thursday, the body passed Senate Bill 154, which aims to restrict instruction related to sexual orientation and gender identity in public schools.

The bill prohibits public school employees from knowingly providing false or misleading information to parents and/or guardians regarding a student’s gender identity or intention to transition. The legislation mandates that school employees report student requests for accommodations when affirming a gender identity different from their biological sex to school administrators, who must then inform the student’s parents.

The bill establishes an administrative process for addressing violations, including a complaint procedure, school investigation, and potential sanctions against educators. These sanctions include a written warning for the first offense, a 30-day suspension without pay for the second offense, and a recommendation for termination for the third offense.

Under the legislation, aggrieved party can file a complaint with the school, and if unsatisfied, appeal to the board of education, and subsequently file a lawsuit in civil court to seek damages.

Supporters of the bill have argued that children exploring their gender identity may be struggling with their mental health and that parents should be aware of these issues.

Opponents of the legislation fear it could harm vulnerable students who may not feel safe disclosing their gender identity to their parents.

The bills now head to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, March 7, at 10 a.m.

Afternoon Meetings:

Judiciary at 3 p.m. in 208W

Finance at 3 p.m. in 451M

Morning Meetings for March 7:

Military at 9 a.m. in 208W

In today’s House floor session, five bills passed to the Senate, and two bills were amended.

House Bill 2117 amends absentee voting. The bill requires ballots to be received by 7:30 p.m. on the election day. Currently, the absentee vote must be postmarked by election day and arrive by canvassing. The bill also rolled in another bill to limit the number of absentee voting applications an individual can hand out to a group of voters without the voters specifically requesting them to provide 10 applications.

House Bill 2441 disqualifies individuals who fail a drug test while working in a safety-sensitive position from claiming unemployment.

House Bill 2444 allows the Lottery Commission to examine financial records only related to limited video lottery (LVL) when reviewing the LVL permittee’s financial records.

House Bill 2653 updates the outdated code of the West Virginia Law Institute.

House Bill 2709 allows voters who have moved within the county to vote in their new precinct without having to cast a provisional ballot. The individual must provide proof of address change, such as a license or utility bill.

Senate Bill 456 defines sex, male, and female in the West Virginia code.  Two amendments were offered. The first amendment states that nothing in the article authorizes any person other than a healthcare provider to visually or physically examine a child to verify the biological sex of the child without the consent of the child’s parents. This amendment was adopted. The second amendment was similar and added that nothing in the section allowed an inspection of the genitalia of an adult or a child. This amendment was rejected.

House Bill 2129 creates the Parents Bill of Rights. One amendment was offered and adopted. The amendment allows an individual to bring an action for injunctive relief against someone who violates this article.

Action on House Bill 2054 was postponed one day.

Bills introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, March 7, 2025.

Committee Meetings, Today March 6

• The Appropriations Subcommittee will meet at 1 p.m. in Room 460.
• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 3:30 p.m. in Room 215E.
• The Subcommittee on Environment, Infrastructure, and Technology will meet immediately after EPW in Room 410.

Committee Meetings, Tomorrow March 7

• The Appropriations Subcommittee will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Subcommittee on Courts will meet at 9:30 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 9:45 a.m. in Room 410.
• The Subcommittee on Homeland Security will meet at 10 a.m. in Room 410.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Subcommittee on Higher Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Educational Choice will meet at 2 p.m. in Room 432M.

The Senate Judiciary Committee passed the bill on Wednesday in response to a tragedy that took place last August on a Boone County football field.

Senate Bill 585 honors Cohen Craddock, a 13-year-old middle school football player that passed away after suffering a football-related head injury during a practice.

The legislation would require all youth football players in West Virginia to wear a soft-shell cover such as Guardian Caps on their helmets for organized practice. The bill would also establish a grant program in Craddock’s honor to cover the cost of the helmet covers. It would also create a Student Athlete Safety Advisory Council to explore ways to improve safety for all high school sports.

Ryan Craddock, Cohen’s father, addressed the committee Wednesday, recalling a time shortly after the tragedy, where he began researching what could be done to prevent incidents like Cohen’s from happening to other youth football players. During that research, he discovered Guardian Caps.

The NFL mandated its players to wear the protective shells during practices back in 2022, with the exception of quarterbacks, kickers, and punters. The NFL authorized players to wear Guardian Caps in games if they chose to before the start of the 2024 season.

Ryan wondered why youth football players with undeveloped brains weren’t able to benefit from similar mandates.

Some lawmakers had concerns regarding the limited resources available in high athletics within the state for head injuries and treatment, noting that some schools in West Virginia have athletes using old and outdated helmets during practice and games.

Some also cited medical sources saying that Guardian Caps do not provide the level of protection that many allege.

Despite those concerns, the bill advanced and now heads to the full Senate for consideration.

The Public Health Subcommittee met this afternoon.

Committee Hearing

House Bill 2776 requires positive results of alpha-gal syndrome to be reported to the Centers for Disease Control and Prevention. Some states already report alpha-gal to the CDC. Alpha-gal is caused by a tick, usually a Lone Star tick. The body develops antibodies against the alpha-gal. The alpha-gal can cause an allergy to a sugar molecule in red meat and other mammal products. Reporting will help track how widespread the disease is in the state.

The bill advances to markup and discussion.

House Bill 2349 requires medication-assisted treatment programs to offer long-acting reversible contraception to female patients recovering from addiction. The problem this bill is trying to address is the number of babies born with neonatal abstinence syndrome.

The bill advances to markup and discussion.

The Committee Substitute for House Bill 2378 allows for the continuation of the needle exchange program if it is in affiliation with the county health department to ensure regulations are being followed. The introduced bill originally repealed the exchange program; the committee substitute changed this.

The bill advances to markup and discussion.

The House Education Committee met this afternoon.

Markup & Passage

House Bill 2166 creates the Behavior Health Workforce Initiative within the Higher Education Policy Commission.  

House Bill 2190 adds Potomac State College to the definition of community and technical college education program for participation in the “Learn and Earn Program.”

House Bill 2411 adds a computer science requirement for graduation for high school students in West Virginia.

House Bill 2614 allows the county board to pay a lump sum payment of up to $6,000 to an estate if the employee passes away while still employed.

Committee Hearing

House Bill 2576, the NIL Act, protects rights, responsibilities, authorities, and limitations relating to the name, image, and likeness of an individual who participates as a student-athlete in an institution of higher education. The bill puts guardrails in to protect institutions and students. Student-athletes can be compensated for the use of their name, image, or likeness. The bill does prohibit student-athletes from endorsing certain items.

Following the lead of other states to protect institutions, the bill allows contractional agreements between a nonprofit, which would be established, and students/agents/lawyers.

The bill advances to markup and discussion.

House Bill 2595, the Non-Profit Athletics Act, allows for higher education institutions to enter a contract with a private corporation for operational, economic, fiscal, and educational development activities. The Non-Profit would be controlled by a board with primarily administrative work and assist with students contracting with other businesses for sponsorships.

The Non-Profit will be similarly structured to the research corporations and to the Country Roads Trust. Currently, no appropriation from the state is planned to be used for the Non-Profit. Fees, donations from the foundation, and athletics will cover the cost of the Non-Profit.

The bill advances to markup and discussion.

The Senate passed House Bill 2354 on Wednesday, legislation to ban certain preservatives and synthetic dyes from food. The body adopted an amendment that moves the effective date back a year from what was passed by the House of Delegates.

The legislation bans red dye 3, red 40, yellow 5, yellow 6, blue 1, blue 2 and green 3 from foods and drinks. The dyes have been linked to neurological and neurobehavioral issues in children.

The bill also bans butylated hydroxyanisole (BHA) and propylparaben, synthetic food preservatives.

The legislation also includes a ban on the listed dyes in school nutrition programs effective Aug. 1 this year. There’s an exception to the ban for school fundraisers.

The Senate amended the bill to make the bans effective statewide on Jan. 1, 2028, to allow grocers and manufacturers time to adjust, and to coordinate with federal mandates. That date is a year later than the effective date the House passed.

The legislation now heads back to the House for final approval.

The Senate is adjourned until tomorrow, March 6, at 11 a.m.

Afternoon Meetings:

Substance Use Disorder at 1 p.m. in 451M

Banking and Insurance at 2 p.m. in 451M

Agriculture at 2 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for March 6:

Gov. Org at 9:30 a.m. in 208W

Education at 9:30 a.m. 451M

The House convened today for Day 22 of the Legislative Session.

The Rules Committee met before the floor session and moved House Bill 2683 to the inactive House Calendar.

During Senate Messages, the House received and read for the first time Senate Bill 490. Five bills passed today.

House Bill 2158 removes the sunset clause for the West Virginia spay and neuter program registration fee.

House Bill 2360 clarifies that crimes against law enforcement officers included pre-certified officers, those still in training, and chief executives such as sheriffs.

House Bill 2434, the Stop Squatters Act, provides for law enforcement remedy to remove unauthorized persons from residential and commercial real estate, The bill establishes a misdemeanor and felony offenses for unlawfully occupying and intentionally damaging a residential or commercial property. The bill also establishes a misdemeanor offense for knowingly presenting a false document stating property ownership.

House Bill 2437 removes “knowingly” offenses involving fentanyl. The bill states that someone in possession with intent to distribute a controlled substance could face enhanced penalties, if fentanyl is in the substance.

House Bill 2511 allows for bingo and alcohol sales and consumption to take place at the same time for events held by Veteran Service Organizations, fraternities, and volunteer fire departments.

Bills introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, March 6, 2025.

Committee Meetings, Today March 5

• The Subcommittee on Homeland Security will meet immediately after the floor session in Room 410.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Revenue will meet at 1 p.m. in Room 460.
• The Subcommittee on Local Governments will meet at 2 p.m. in Room 215E.
• The Subcommittee on Human Services will meet at 3 p.m. in Room 215E.
• The Subcommittee on Economic Development will meet at 3 p.m. in Room 410.
• The Subcommittee on Public Health will meet at 4 p.m. in Room 215E.

Committee Meetings, Tomorrow March 6

• The Finance Committee will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Subcommittee on Courts will meet at 9:30 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 9:45 a.m. in Room 410.
• The Subcommittee on Homeland Security will meet at 10 a.m. in Room 410.
• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 3:30 p.m. in Room 215E.
• The Subcommittee on Environment, Infrastructure, and Technology will meet immediately after EPW in Room 410.

The House convened for a floor session this morning. Two bills had been removed from the calendar by the Rules Committee before the meeting. House Bill 2008 and House Bill 2009 are on the inactive House Calendar.

Two bills passed the House today.

House Bill 2217 increases the penalties for conspiracy to commit certain crimes. Any person who conspires to commit a felony crime against a person or a felony where the victim is a child faces imprisonment in a corrections facility for three to 15 years. The bill clarifies felony crimes of kidnapping, arson, and sexual assault.

House Bill 2362 recognizes correctional officers as law enforcement officers.

Several bills were on second reading today and two were amended.

House Bill 2434, the Stop Squatters Act, provides a remedy for removing unauthorized persons from residential and commercial real estate. The bill establishes offenses and penalties for intentional property damage by a person in unlawful possession or for providing false documents to convey real property or attempting to sell or rent without title. The amendment was for clean-up purposes.  

House Bill 2511 allows for charitable bingo and alcohol sales and consumption to take place at the same time for Veterans Service Organizations. The bill was amended to include fraternity societies and volunteer fire departments.

Bills introduced today can be found here.
Resolutions introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, March 5, 2025.

Committee Meetings, Today March 4

• The Subcommittee on Local Governments will meet at 1 p.m. in Room 215E.
• The Subcommittee on Educational Choice will meet at 1 p.m. in Room 432M.
• The Subcommittee on Banking and Insurance will meet at 1 p.m. in Room 460.
• The Bridge and Road Naming Subcommittee will meet at 1 p.m. in the McManus Room.
• The Subcommittee on Public Education will meet at 2 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E.
• The Subcommittee on Public Health will meet at 3 p.m. in Room 215E.
• The Subcommittee on Energy and Manufacturing will meet at 3 p.m. in Room 410.
• The Committee on Health and Human Resources will meet at 4 p.m. in Room 215E.
• The Subcommittee on Environment, Infrastructure, and Technology will meet at 4 p.m. in Room 410.

Committee Meetings, Tomorrow March 5

• The Finance Committee will meet at 9 a.m. in Room 460.
• The Judiciary Committee will meet at 9 a.m. in Room 410.
• The Subcommittee on Courts will meet at 9:30 a.m. in Room 410.
• The Subcommittee on Legal Services will meet at 10 a.m. in Room 410.
• The Subcommittee on Homeland Security will meet at 10:15 a.m. in Room 410.
• The Rules Committee will meet at 10:45 a.m. in the Speaker’s Conference Room.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Revenue will meet at 1 p.m. in Room 460.
• The Subcommittee on Local Governments will meet at 2 p.m. in Room 215E.
• The Subcommittee on Human Services will meet at 3 p.m. in Room 215E.
• The Subcommittee on Economic Development will meet at 3 p.m. in Room 432M.
• The Subcommittee on Public Health will meet at 4 p.m. in Room 215E.

The House Judiciary Committee met this morning.

Markup & Passage

House Bill 2710, the Truth in Giving Act, provides donors or buyers at thrift operations with information on whether the operations were a non-profit organization or a for-profit business. Non-profits would provide charity benefiting from purchases. For-profits would provide business information and must have a sign stating the donations are sold for a for-profit entity. The bill advances to the House floor.

House Bill 2871 amends negligence vehicular homicide and creates a crime aggravated vehicle homicide, which is deliberate disregard of injury or safety of others. The bill adds crimes for the acts in a school or construction zone. Embryos are added as a protected person within this code. The bill also makes changes to watercraft operations causing homicide. The Committee Substitute for the Committee Substitute advances to the House floor.

Senate Bill 138 enhances penalties for fleeing an officer for a second, third, or subsequent time. The bill also adds a fifteen look back. Due to amendments needing to be worked out, the bill has been laid over.

Senate Bill 240 creates the crime of sexual extortion and sets felony penalties for committing a crime. Minors do have more lenient penalties for offenses. If the offense results in death or severe injury of the person, then the charge raises to aggravated sexual extortion. The bill advances to the House floor.

Committee Hearing

House Bill 2634 doubles the penalty for all sexual offenses involving a minor. If a parent, guardian, or person in trust knows and doesn’t report it, they can face the same penalties.

House Bill 2382 prohibits camping or storage of personal property of governmental or public property. The bill provides definitions and penalties.

House Bill 2870 adds fleeing SUI as a DUI offense and allows for the DMV to create rules relating to the provisions.

The Subcommittee on Courts met following the Judiciary.

Markup & Passage

House Bill 2711 repeals the common law rule against perpetuities by prospectively extending its application to all trusts to 1,000 years and modernizing West Virginia trust law.

House Bill 2761 increases the jurisdiction limits of magistrate courts for claims less than or equal to $20,000.

House Bill 2774 increases the criminal and administrative penalties for assault or battery on athletic officials.

Committee Hearing

House Bill 2369 limits the number of improvement periods a parent may have per child or actions in abuse and neglect proceedings to three.

House Bill 2351 increases compensation for panel attorneys of the Public Defender Services. The bill also requires Public Defender Services to annually provide a report to certain state agencies summarizing legal services that are being provided by the submission of a voucher by panel attorneys serving as guardians ad litem in state courts.

The Subcommittee on Legal Services met this morning and afternoon.

Markup & Passage

House Bill 2707 creates the Mountain Bike Responsibility Act. In WV, there are several tourist responsibility acts. The bill sets definitions, duties of trail system operators regarding the trail system, duties passengers, duties of mountain bicyclists, and liability of trail system operators, passengers, and mountain bicyclists.

House Bill 2719 allows for membership organizations and domestic corporations to make political contributions and expenditures in certain circumstances. The bill establishes disclosure requirements and limitations on any such political contributions to a candidate, candidate’s committee, or political action committee.

House Bill 2867 precludes an estate with real property from being processed as a small estate.

Committee Hearing

House Bill 3016 would require all driver’s licenses, permits, and ID cards issued to lawful noncitizen residents to be noted as “non-resident.” The bill allows for voter registration to have photos on them. The bill advances to the markup stage.

The Subcommittee on Homeland Security met this afternoon.

Markup & Passage

House Bill 2781 requires that judicial officers consider the residency status of a person charged with a criminal violation in determining bail and conditions of pretrial release.