The Senate Judiciary committee met Tuesday evening and advanced three bills regarding human smuggling, political elections, and the Department of Administration.

House Bill 4433 would make human smuggling and human trafficking a felony and add a definition for the term “illegal alien”.

Human Smuggling is defined in the bill as the act of knowingly transporting, transferring, receiving, isolating, enticing, or harboring an undocumented individual to avoid law enforcement. This does not include an immediate family member of the undocumented individual.

An illegal alien is defined in the bill as an individual who has entered the United States without authorization, has violated the terms of their admission, or is without a legal status and is subject to removal if apprehended. Further definitions from the bill can be found in code §61-14-1.

Senator Joey Gracia (D – Marion, 13) proposed an amendment to add the language “for financial or material benefit” in the bill when regrading harboring an illegal alien. He raised concerns about people being charged, such as non-profit organizations or church groups, whose intentions were to help an individual in need.

Senator Patricia Rucker (R – Jefferson, 16) opposed the Senator’s amendment, stating that an individual could be smuggling or trafficking an individual for other illegal purposes that do not involve financial or material benefit, arguing the amendment encourages behavior the bill is attempting to prevent.

Following a discussion, the amendment was rejected.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 640 would prohibit the release of personal information of contributors to political elections.

This bill would prohibit the release of political contributor’s addresses, major business affiliations, employers, or business information.

Political contributors who fall victim could recover a civil penalty in the amount of $1,000 from the agency responsible for each report on which the information was publicly disclosed.

Any state or local officer or employee who knowingly discloses this information would be guilty of a misdemeanor, and upon conviction would be fined no more than $1,000 or confined in jail for no more than one year.

Senator Ryan W. Weld (R – Brooke, 01) proposed an amendment to add “street number and street name” in place of the word “address” being used in the bill with the intent to provide consistency throughout the bill.

The amendment was adopted.

The bill, as amended, was reported to the full Senate with a recommendation of passage.

Senate Bill 251 would authorize the Department of Administration to promulgate a legislative rule relating to the One-Stop Shop Permitting Program.

The bill contains five rules which regard the One-Stop Shop Permitting Program, cyber reporting, mine subsidence insurance, public entities insurance program, and preferred medical liability and high-risk medical liability program.

The bill was reported to the full Senate with a recommendation of passage.

The Senate Health and Human Resources Committee met this afternoon and advanced three bills regarding the Food is Medicine program, Medicaid recipients and child welfare.

Senate Bill 562 would establish the Food is Medicine Program under Medicaid.

The Food is Medicine Program incorporates basic nutrition and culinary skills education, patient-provider relationships, health metric collection, and locally grown produce to improve patients’ overall well-being.

The Department of Human Services, through the Bureau of Medical Services, would permit Medicaid managed care organizations to offer Food is Medicine services within the Medicaid program.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

Senate Bill 649 would require certain individuals the right to receive blood pressure monitoring devices financially covered by Medicaid.

An individual enrolled in Medicaid would be eligible to receive a self-measured blood pressure validated device if they are pregnant or are within the 12-month post-partum pregnancy time frame, and have been diagnosed with uncontrolled hypertension.

The bill was reported to the full Senate with a recommendation of passage, first being reported to the committee on Finance.

Senate Bill 744 would require that, within 24 hours, the commissioner of the Critical Incident Review Team notify the Office of the Inspector General of a child fatality or near fatality to convene.

The Office of Inspector General would have to submit an initial report within 75 days of the fatality or near fatality to the Legislative Oversight Commission on Health and Human Resources Accountability, with updated reports every 90 days.

The bill was reported to the full Senate with a recommendation of passage, first being reported to the committee on Finance.

Senators passed legislation on Tuesday allowing 18- to 20-year-olds to carry a concealed weapon without a permit.

Senate Bill 30 would effectively standardize concealed carry regulations across all age groups of legal adulthood within West Virginia. Much of the bill simply strikes out the limitations placed on gun owners aged 18 to 20.

Under the legislation, 18- to 20-year-olds would no longer face criminal penalties for carrying a hidden weapon without a provisional license. The bill outlines specific legal prohibitions that still apply, such as restrictions for those with certain criminal convictions, substance addictions or mental health adjudications.

Also on Tuesday, the body passed legislation to give counties more latitude when they hire a superintendent. Under current law, local school boards are required to hire superintendents who live in the county or a contiguous county.

Senate Bill 694 would remove the county residency requirement from state law, although local boards could maintain their own similar requirements if they choose.

The Senate also passed Senate Bill 473 on Tuesday, which would create a new felony offense for using an “electronic communication device” – which includes phones, computers, and gaming devices – to threaten a “crime of violence,” defined as any act involving the use or threat of violent force against another person.

The legislation stipulates if such a threat causes a serious public alarm or inconvenience, such as inducing panic or significant disruption, or is made with reckless disregard for causing such alarm, the offender can face significant fines and imprisonment.

The bill clarifies that to prove a threat, the state must show the defendant knew or should have known their communication would be viewed as a threat and that a reasonable person would perceive it as such.

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

The Senate is adjourned until Wednesday, Feb. 11, at 11 a.m.

Afternoon Meetings:

Health at 1 p.m. in 451M

Finance at 3 p.m. in 451M

Judiciary at 3 p.m. in 208W

Morning Meetings for Feb. 11:

Natural Resources at 9:30 a.m. in 208W

The Senate Education Committee met Tuesday morning, advancing several bills and a resolution, including those concerning Glenville State University and school athlete requirements.

Senate Resolution 15 would recognize the 154th anniversary of Glenville State University.

The resolution states that Glenville State was founded to serve West Virginia by preparing teachers for classrooms across the state.

The University has expanded its mission by preparing students for careers in not only teaching, business, land resources, criminal justice, music and art, health sciences, language arts, and human services.

The Resolution was reported to the full Senate with a recommendation of adoption.

Senate Bill 801 would increase each school district’s foundation program.

The bill would increase the ratio of professional educators per 1,000 students and the ratio of service personnel per 1,000 students, which is used to determine each school’s foundation program.

This ratio would increase to 57.92 service personnel per 1,000 students beginning July 1, 2026.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

Senate Bill 437 would establish the Fair State Aid Formula Act of 2026.

This bill would establish a method for distributing state aid to county boards of education, particularly in rural and isolated counties where educational costs are higher.

The bill is intended to “promote fairness, transparency, and adequacy in education funding.”

No action was taken on the bill today.

Senate Bill 804 would remove physical education requirements for specific middle and high school students.

The bill states that obesity is a problem of epidemic proportions in the state of West Virginia and that children are becoming more at risk. The bill expresses concerns about children in West Virginia being more likely to develop health risks such as Type II Diabetes, high blood pressure, and high cholesterol.

The West Virginia State Department of Education would require that each child enrolled in public schools participate in physical education classes as follows:

• Elementary School Grades: No less than thirty minutes of physical education, including exercising and age-appropriate physical activities, for no less than three days a week.
• Middle School Grades: No less than one full period of physical education, including physical exercise and age-appropriate physical activities, each school day of one semester of the school year.
• High School Grades: No less than one full course credit of physical activities, which would be required for graduation, and the opportunity to enroll in an elective lifetime physical education course.

The coach of each sport will provide the principal with a list of which students are in good standing, determined by the coach, and they will not be required to participate in the physical education requirements with the other students.

The bill was reported to the full Senate with a recommendation of passage.

The Senate Judiciary Committee met this afternoon and advanced two bills on establishing the First Amendment Preservation Act and county attorney obligations for refusal of review hearings.

Senate Bill 531 would establish the First Amendment Preservation Act.

This bill would prevent the state of West Virginia and its agencies from contracting with media monitoring or fact-checking organizations. Hiring advertising or marketing companies that use certain media monitors would be prohibited.

State agencies are prohibited from the following:

•  Entering into a contract with any media monitoring organization
•  An advertising or marketing agency that utilizes the services of a media monitoring organization for the agency’s contract or agreement
•  Provide support of any form, other than nondiscretionary actions required by law, to a media monitoring organization.

The bill is intended to preserve viewpoint neutrality in state spending and avoid government involvement in determining which news sources are credible or acceptable.

The bill was reported to the full Senate with a recommendation of passage.

Senate Bill 575 clarifies existing law regarding refusal review hearings for drivers accused of DUI and of refusing a chemical test.

This bill would clarify that county prosecuting attorneys are required to handle all legal matters in these hearings on behalf of the state and the Division of Motor Vehicles. Testimony informed the committee that the clarification is needed because in several recent instances, the DMV has tried to become a part to the proceedings.

The bill was reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.

The Senate Committee on Pensions met this afternoon and advanced five bills regarding retirement and benefits for the State Police, Municipal Police, Firefighters, and home confinement officers.

Senate Bill 28 would allow West Virginia State Police members to use their annual and sick leave to gain additional retirement credit.

Members who joined the retirement system on or after July 1, 2015, would be eligible to trade their annual leave or sick leave days for additional credited service in the retirement system.

Each month of retirement service credit is equal to 20 days.

Senate Bill 717 would modify disability and retirement benefits for municipal police and firefighters.

Members who previously qualified for total disability incurred not in the line of duty and are at the Social Security normal retirement age will no longer be required to provide their tax return and relief fund to receive the total disability incurred not in the line of duty.

Senate Bill 724 modifies retirement eligibility for home confinement officers in West Virginia.

This bill would allow certain home confinement officers to join the Emergency Medical Services Retirement System even if they are not certified law enforcement officers.

Eligible officers would have additional time to choose whether they want to participate, expanding access to retirement benefits.

Senate Bill 719 modifies the Police Officers and Firefighters retirement system.

This bill would allow Municipal Police Officers and Firefighters the ability to use leave days for their retirement credit and modify statutory provisions pertaining to campus police officers’ election to participate in the Municipal Police Officers and Firefighters Retirement System.

Senate Bill 206 updates retirement eligibility for certain sheriffs.

The bill would allow a sheriff of a county who is not participating in another retirement system to retire upon written application at the age of sixty-two, with eight or more years of contributing service as an elected sheriff of a county.

The following bills were reported to the full Senate with a recommendation of passage, first being sent to the committee on Finance.