The Senate passed three bills related to voting, including one that would ban ranked choice voting in West Virginia, during Tuesday’s floor session.

The ranked choice voting method, which currently is not in use in the state, is a system where voters rank their preferred candidates. If a candidate earns more than half of the initial votes, they are declared the winner.

However, if no one wins an initial majority, an instant runoff would occur. The candidate with the least votes is eliminated, and voters who picked that candidate as their top choice would have their votes bumped to their next preference. That repeats until one candidate achieves a majority.

Senate Bill 490 would ban this method of voting from future consideration in West Virginia.

Also passed on Tuesday, Senate Bill 486 would clarify the qualifications required for citizens to vote in West Virginia elections, specifically relating to residency, age, mental competency and felony convictions. The main focus of the bill is to assure a voter is a U.S. and state citizen.

Senate Bill 488 would clarify the definition of electioneering as the visible display or audible dissemination of information that advocates for or against any candidate or question on the ballot.

The legislation further clarifies the definition to include campaign paraphernalia and explicit endorsements of ballot measures. The bill allows exceptions, such as allowing educational materials that don’t directly advocate for or against a ballot question.

These three measures now head to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, March 5, at 11 a.m.

Afternoon Meetings:

Health at 1 p.m. in 451M

Economic Development at 1 p.m. in 208W

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

The Committee of Education met this afternoon.

Committee Hearing

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

House Bill 2187 permits administrators, teachers, and support personnel in K-12 to conceal carry firearms and be designated as a school protection officer (SPO). An SPO must have a valid concealed carry permit and a certificate of SPO training. The training will include mitigation techniques, communications capabilities, neutralization of potential threats and active shooters, accountability, reunification, psychology of critical incidents, de-escalation techniques, crisis intervention, trauma and first aid care, history and pattern of school shootings, tactics of responding to critical incident in schools, live firearms training, realistic training, and a behavioral health assessment. The Legislature would appropriate funding per county school district opting into the SPO program to be used for training.

Liability is a concern. The cost of BRIM coverage could increase. The bill doesn’t define how many guns an SPO can carry or unintentional disclosure. The uncertainty of several questions was a concern of a couple of presenters.

House Bill 2190 permanently adds Potomac State College of West Virginia University as an eligible institution for participation in the “Learn and Earn Program”

House Bill 2411 requires WV high school students to pass at least one credit of computer science to graduate. The bill establishes requirements for the classes and creates teaching positions.

House Bill 2614 provides an optional lump sum payment of accrued personal leave to full-time employees of a county school board upon the end of full-time employment due to death.

The Senate passed a bill that would define “man” and “woman” during Monday’s floor session.

The legislation, Senate Bill 456, would define “sex,” “male,” and “female” in West Virginia state law based on biological characteristics observed at birth. The bill also aims to limit certain spaces to biological males and females, prohibiting transgender individuals from using facilities based on the gender they identify as.

Those single-sex spaces preserved in the bill include restrooms, changing rooms, and sleeping quarters for overnight trips – within domestic violence shelters, public schools, and state higher education institutions and correctional facilities.

The legislation passed on a 32-1 vote with one member absent.

The lone no vote, Joey Garcia (D-Marion) argued that the proposed legislation would hurt some of his most vulnerable neighbors. In his view, the bill is not needed and he fears it will be unnecessarily burdensome not only to transgender people but also to the impacted institutions that will have to comply.

Mike Stuart (R-Kanawha), argued for the majority, stating his opinion, that the bill is compassionate in that it protects the state’s girls from potential harm.

The bill now heads to the House of Delegates for consideration.

The Senate is adjourned until tomorrow, March 4, at 11 a.m.

Afternoon Meetings:

Transportation at 1:30 p.m. in 451M

Workforce at 1:30 p.m. in 208W

Energy at 2 p.m. in 208W

Pensions at 2 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for March 4:

Education at 9:30 a.m. in 451M

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

Today is Day 20 of the 87th Legislative Session, one-third of the way complete. It is the deadline for Legislative Rule-Making Bill submissions. The House passed three bills today.

House Bill 2222 is a “Rules Bundle.” It authorizes the Department of Administration to create 10 rules relating to the Department as a whole or the following divisions: the Information Services & Communications Division, the Finance Division, the Office of Technology, and Public Defender Services.

House Bill 2331 is a “Rules Bundle.” It authorizes the Office of Miners’ Health, Safety, and Training to create legislative rules for training EMT-Miners and certifying EMT-M instructors. The bill also extends various sunset dates for the Division of Natural Resources.

House Bill 2515 specifies requirements applicable when a K-6 teacher determines the behavior of a student is violent, threatening, or intimidating toward staff or peers or a student creating an unsafe learning environment or impeding other students’ ability to learn in a safe environment. The committee substitute defines violent, threatening, or intimidating behavior. The committee substitute also clarifies when a child is picked up by a parent, it is a suspension, complying with federal guidelines. The committee substitute notes that if a parent does not pick the child up, they may ride the bus home with the supervision of the principal. The bill allows classroom aides to provide behavioral support.

The bill makes an evaluation under Child Find optional; however, a Functional Behavior Analysis is mandatory. The student should be referred to the student assistance team, the 504 team, or the IEP team at the school for immediate intervention. If the child’s behavior continues, expulsion is permitted, but only through the current school semester.

Bills to be introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, March 4, 2025.

Committee Meetings, Today March 3

• 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 Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Subcommittee on Health Care Regulation will meet at 3:30 p.m. in Room 215E.

Committee Meetings, Tomorrow March 4

• 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 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.

The House met this morning for Day 17 of the Legislative Session.

Before the floor session, the Rules Committee met and moved House Bill 2006 and House Bill 2400 to the inactive House Calendar on second reading.

Five bills passed today, with one of them being amended.

House Bill 2354 was advanced to third yesterday with the right to be amended. The bill bans the following additives and dyes from food sold in West Virginia: butylated hydroxyanisole, propylparaben, Blue No. 1, Blue No. 2, Green No. 3, Red No. 3, Red No. 40, Yellow No. 5, and Yellow No. 6. The amendment requires schools to stop providing lunches with these additives beginning in August of 2025. Schools may sell products with these additives only if the event is not on school property and at least 30 minutes after dismissal.

House Bill 2344 includes maintenance vehicles in the “slow down and move over” rule. When a maintenance or stationary vehicle is on the shoulder of the road, drivers should slow down and move to the left on multilane roads.

House Bill 2170 allows volunteer fire departments to use funds for computers, software, programming, and a CPA to transition to the WV Checkbook fiscal reporting system.

House Bill 2157 provides one-trip temporary vehicle permits to be purchased and printed online.

House Bill 2065 allows Gold Star parents to receive one free Gold Star vehicle registration for personal use.

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

The House is adjourned until 11 a.m. Monday, March 3, 2025.

Committee Meetings, Today, February 28

• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Subcommittee on Public Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E.

Committee Meetings, Monday, March 3

• The Revenue and Investments Subcommittees 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 Committee on Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Subcommittee on Health Care Regulation will meet at 3:30 p.m. in Room 215E.

The Senate passed a bill on Friday that could allow teenagers in West Virginia to be employed without a work permit.

Senate Bill 427 would remove the current requirement in state law that requires 14- and 15-year-olds to obtain a work permit from the superintendent of schools as a condition of employment.

Under the proposed law, prospective employers seeking to hire 14- and 15-year-olds would still need to obtain written consent from the child’s parent or guardian. The employer would also be required to obtain an age certificate from the state Commissioner of Labor. The commissioner would review the child’s birth certificate prior to issuing the age certificate.

Employers would also need to spell out the hours that the 14-and 15 year olds would be working if this bill passes.

Current law dictates that minors younger than 16 must obtain a work permit through their school. The certificate, signed by the school principal, confirms that the student is attending school.

The bill now heads to the House of Delegates for consideration.

The body also introduced bills 627-638 on Friday.

The Senate is adjourned until Monday, March 3, at 11 a.m.

Morning Meetings for March 3:

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

The Judiciary Committee and its subcommittees met this morning.

Markup & Passage

House Bill 2441 removes eligibility for unemployment when an individual in a safety-sensitive job fails a drug test and is fired.

House Bill 2653 changes membership requirements for the West Virginia Law Institute.

House Bill 2683 prohibits ranked-choice voting in West Virginia. The bill defines rank-choice voting as a method for casting votes in which voters rank candidates for an office in order of preference. Then, a tabulation occurs in rounds, with the candidate with at least support dropping from each round and then reallocating the votes to the second-choice candidate.

Some are concerned with the uncertainty of rank-choice voting because of several variations in definitions. Rank-choice voting was explained as ranking your choices in order from first to last. The issue it works to solve is if no one gets 50% of votes, a winner could be chosen, by the one with the least number of votes dropping off. Rank-choice voting is not taking place in WV.

House Bill 2702 allows the Governor to appoint an interim state official for the 20 days it can take for the nomination process of a new official.

House Bill 2709 permits a voter who has moved within the same county to vote in a new precinct without casting a provisional ballot

Committee Hearing

House Bill 2444 limits the Lottery Commission’s inspection of records to records relating to the permittee’s limited video lottery business.

The Subcommittee on Courts considered the following.

Markup & Passage

House Bill 2871 renames the Negligent homicide to Vehicular homicide in code. The bill creates new crimes and clarifies victims to include an embryo or fetus.

Committee Hearing

House Bill 2067 creates the West Virginia Firearms Liability Clarification Act.

House Bill 2634 increases the penalties for child sexual assault and sexual abuse. The bill also increases the penalties for distributing, possessing, and transporting materials with children depicted in a sexually explicit manner. The bill clarifies if a parent, guardian, or person in a trusted position is aware and does not report the assault or abuse, they are guilty of a felony as well.

The Subcommittee on Legal Services considered the following.

Markup & Passage

House Bill 2710 creates the Truth in Giving Act, requiring information to be provided to those who donate or purchase donated items for resale whether their donations/purchases are benefiting non-profit charitable organization or a for-profit business.

Committee Hearing

House Bill 2719 allows for membership organizations and domestic corporations to make political contributions and expenditures. The bill does require disclosure and define limitations.

House Bill 2382 establishes misdemeanor crimes for camping in or storing personal property, including camp facilities and camp paraphernalia upon governmental or public property.

The Subcommittee on Environment, Infrastructure, and Technology met this evening.

Markup and Passage

House Bill 2156 imposes a time limit of 60 days for the Department of Highways to approve or deny entry permits for work on state highways. If the DOH does not decide within 60 days, the application is considered approved. Changes can be requested once. If the changes are contested, the DOH must respond within 30 days. The strike and insert bill adds if the access is for timbering, the DOH must reply within 15 days, with a 7-day response time for contested changes. The bill advances to the Committee of Energy and Public Works.

House Bill 2502 establishes limits on billing practices of internet and phone providers that fail to provide a subscribed customer service for five or more days to automatically credit the customer’s account for lack of service for those days. The committee amendment adds reporting requirements to the Attorney General. The amended bill was laid over to the next meeting.

Committee Hearing

House Bill 2742 creates a limited waiver from the certificate of public convenience and necessity requirement for certain water or sewer service projects. The bill makes permanent the reviewing process of the Infrastructure and Jobs Development Council. The bill advances to the passage and markup stage.

Following the consideration of bills, the committee heard presentations for the Office of Technology and the Department of Environmental Protection.

The Committee on Energy and Public Works met this afternoon.

House Bill 2942 extends the sunset on the Department of Environmental Protection’s Design-Build Program to December 31, 2027. The program did get a late start due to the rule-making process. The projects are still in the design phase but should be moving on to build soon. Without the extension, the project would finish per contract, but it would not allow for other projects.

House Bill 2943 extends the sunset for the Hazardous Waste Management Act to June 30, 2030, to allow the agency to generate the required revenue to cover state match for federal grants.

The House convened this morning for Day 16 of the Session.

Two bills passed the House and advanced to the Senate.

House Bill 2047 increases the criminal penalties imposed on a parent, guardian, custodian, or person in a position of trust in child abuse resulting in injury and child abuse or neglect creating a risk of injury.

• Abuse causing bodily harm imprisonment increased from 1-5 years to 2-10 years
• Abuse causing serious bodily harm imprisonment increased from 2-10 years to 5-15 years
• Abuse creating a substantial risk of death or serious bodily injury imprisonment increased from 1-5 years to 2-10 years
• Second offense imprisonment increased from 1-3 years to 1-5 years
• Neglect creating a substantial risk of death or serious bodily injury imprisonment increased from 1-5 years to 1-10 years
• Subsequent felony offenses can result in twice the imprisonment and fine amount

House Bill 2123 prohibits cameras in the bedrooms or bathrooms of foster homes. The bill allows for a few exceptions. Baby monitors are allowed when age-appropriate or the child has a medical diagnosis of severe physical disabilities or behavior, cognitive, or psychological disorders. Medical equipment with or without cameras is allowed for a child who has a medical diagnosis of severe physical disabilities or behavior, cognitive, or psychological disorders. Any exempted equipment must be in clear view and not in a hidden location.

House Bill 2354 was advanced to third reading with the right to amend. The bill bans food dyes from food sold in West Virginia.

House Bill 2400 was postponed one day. The bill prohibits the delivery of unsolicited absent ballot applications.

Bills introduced today can be found here.

The House is adjourned until 11 a.m. tomorrow, February 28, 2025.

Committee Meetings, Today February 27

• The Subcommittee on Banking and Insurance will meet at 1 p.m. in Room 460.
• The Committee on Government Organization will meet at 1 p.m. in Room 215E.
• The Subcommittee on Public Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Local Governments will meet at 2 p.m. in Room 215E.
• The Subcommittee on Higher Education will meet at 2 p.m. in Room 432M.
• The Subcommittee on Energy and Public Works will meet at 3 p.m. in Room 410.
• The Subcommittee on Revenue will meet at 3 p.m. in Room 460.
• The Subcommittee on Human Services will meet at 3 p.m. in Room 215E.
• The Subcommittee on Environment, Infrastructure, and Technology will meet at 5 p.m. in Room 432M.

Committee Meetings, tomorrow February 28

• The Finance Committee will meet at 9 a.m. in Room 460 for a continued budget hearing.
• 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 Rules Committee will meet at 10:45 a.m.
• The Subcommittee on Agriculture, Commerce, and Tourism will meet at 1 p.m. in Room 215E.
• The Subcommittee on Public Education will meet at 1 p.m. in Room 432M.
• The Subcommittee on Government Administration will meet at 2 p.m. in Room 215E.