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Friday, September 12, 2025
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Judiciary Committee Approves Proposed Constitutional Amendment

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The Senate Committee on the Judiciary met Tuesday afternoon to discuss one joint resolution and two bills on the agenda.

For two days, committee members had long discussions over Senate Joint Resolution 5.

Senate Joint Resolution 5 would amend Article IV of the West Virginia State Constitution. It would clarify that courts have no authority or jurisdiction to interfere with impeachment proceedings of the House of Delegates or the Senate, and that a judgment rendered by the Senate following an impeachment trial is not reviewable in any court in the state. The Committee approved the Resolution, and it was referred to the Committee on Finance.

Senate Bill 317 would authorize three or more contiguous counties to form a multi-county trail network authority. The legislation would allow multi-county trail network authorities to incorporate private land into authority-managed trail systems. Each authority would be governed by a board, and would include and executive director. The director would be required to submit an annual budget.

Senate Bill 408 would clarify who has the authority to make determinations of indigency for the purpose of eligibility for public defender services. Administrators or Public Defender employees would make the determination.

Both bills were reported to the Senate to be voted upon.

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House Health and Human Resources Committee Discusses Controlled Substances

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The House Committee on Health and Human Resources had a consideration of two pieces of legislation, one of which being an originating bill to update the list of Schedule I drugs in the state of West Virginia.

The originating bill aims to add a number of designer drugs to the state list of Schedule I drugs. Schedule I is a category of drugs designated by the DEA for having no medicinal properties and for having a severe risk for abuse.

The bill in its original form generated little contention, but a series of amendments proposed by Delegate Mike Pushkin, D-Kanawha, and Delegate Mick Bates, D-Raleigh, generated a lengthy discussion.

Delegate Pushkin moved to amend the bill, arguing to move the “cannabis” and “marihuana” referred to in the legislation from Schedule I to Schedule IV.

The amendment was ultimately overruled by the chairman, Delegate Joe Ellington, R- Mercer. The argument was that the amendment was not germane to the proposed legislation, as the originating bill only seeks to amend the Schedule I list and there was no mechanism to move any of the items to Schedule

Delegate Pushkin addressed this by introducing another amendment to completely remove marijuana from the list of Schedule I drugs, arguing that if he “couldn’t reschedule it, he would de-schedule it.”

“In the 1970’s, a mistake was made by adding this drug onto the list of Schedule I drugs,” Pushkin said. “This body voted last year that this drug has medicinal properties, let’s follow through on that. By passing this, we can send the message that this drug never belonged here in the first place.” Pushkin said.

The amendment ultimately failed in a 13-10 vote.

An amendment to the originating bill did pass through the Health and Human Resources, an amendment that would update the language in the code in reference to marijuana.

Delegate Mick Bates moved to amend the bill by changing the references to “marihuana” to instead read “marijuana, sp. (cannabis)” in the code, therefore mirroring the federal DEA regulations.

The originating bill, sponsored by the House Health and Human Resources Committee, was voted to be advanced to the House Floor with recommendation that it pass as amended.

“Thank you for allowing us to have this consideration,” Pushkin said in closing remarks. “A lot of people in the state are honestly using this plant already, so we have a lot of work to do in the future. We need to educate ourselves on this, and be prepared to continue discussing this.”

The Committee also had a consideration of House Bill 2583, a bill that would permit a pharmacist to dispense a self-administered hormonal contraceptive under a standing prescription drug order.  The proposed legislation would create an opt-in program, where pharmacists could voluntarily dispense a 12-month supply of hormonal birth control. Pharmacists who wish to opt into this program must receive training and administer the proper counseling to patients who seek to receive the contraceptive drug.

The House Committee on Health and Human Resources voted unanimously to advance this bill to the House Floor with the recommendation that it pass.

Finance Reports Six Bills to Full Senate

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The Senate Finance Committee reviewed multiple pieces of legislation, 3 p.m. Tuesday, Feb. 5. 

Of the seven bills on the agenda, five were received from the Senate while two were retrieved from the House. In total, six of the bills were reported to the full Senate with the recommendation that they each pass.  

While Senate Bills 13, 14, 19 and 499 were reported to the full Senate, Senate Bill 147, which would shift funding from the Landfill Closure Assistance Fund to local solid waste authorities, was laid over. The decision to lay over the bill followed Sen. Robert Plymale, D-Wayne, raising concern over whether or not the potential legislation could jeopardize existing landfill plans from counties.  

Senate Bill 19, which relates to the Senior Farmers Market Nutrition Program, received a committee substitute.  

Committee members also reviewed House Bill 2191, which relates to limited video lottery, and House Bill 2307 which relates to creating a provisional license for practicing barbering and cosmetology.

Government Organization Reviews Dairy Bill

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The Senate Committee for Government Organization reviewed the committee substitute for Senate Bill 496, 2 p.m. Tuesday, Feb 5. 

The proposed legislation, which would transfer the authority to regulate milk from the Department of Health and Human Resources to the Department of Agriculture, was highly questioned by committee members.  

Following the reading of the bill, Judy Vallandingham Director of Public Health Sanitation at the Bureau of Public Health, came before the committee to address concerns pertaining the the transfer.  

According to Vallandingham, a special task force was created to evaluate the potential need for a transfer, and a majority found that the Department of Agriculture would greatly benefit by acquiring the authority. The task force featured a representative from the DHHR, a representative from the Department of Agriculture, a representative from the milk industry and three Senators.  

Sen. Corey Palumbo, D-Kanawha, questioned if the transfer would potentially affect the quality of milk meant for consumption. Vallandingham assured the Senator that the product would be tested through multiple checks in order to produce healthy grade A milk.  

The committee also reviewed Senate Bill 352 which relates to the Division of Corrections and Rehabilitation acquiring and disposing of goods and commodities.  

Both bills were voted to be sent to the full Senate with the recommendation that they each pass. 

House of Delegates Considers Postponing Education Reform Bill

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Today in the House of Delegates during the introduction of bills one delegate proposed a motion for the House to postpone a Senate education bill indefinitely.

House Majority Leader Amy Summers, R-Taylor, 49, motioned that the motion to postpone the bill be tabled. The House then voted on Summers’ motion to table which passed 52-44 with four members absent. The House referred Senate Bill 451 to the Committee on Education and then Finance.

The House passed these bills Tuesday: 

  • Senate Bill 268: Updates the meaning of federal taxable income in the West Virginia Corporation Net Income Tax Act. This bill completed legislative action. 
  • Senate Bill 269: Updates terms used in personal income tax act. This bill also completed legislative action.
  • House Bill 2004: Provides for a program of instruction in workforce preparedness
  • House Bill 2420: Establishes the Mountaineer Trail Network Recreation Authority
  • House Bill 2666: Supplemental appropriation to the Department of Veteran’s Assistance
  • House Bill 2668: Supplemental appropriation to the Department of Administration, Public Defender Services

All other bills on second and first were advanced with no amendments made.

 

 

 

Health Committee Reports House Bill to the Full Senate

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The Senate Committee on Health and Human Resources met Tuesday afternoon to discuss three bills on the agenda.

House Bill 2492 would direct all reports of abuse and neglect to the central office of Department of Health and Human Resources. The Committee unanimously approved the House Bill, and reported it to the full Senate to be vote upon.

Senate Bill 394 would allow the state of West Virginia to opt out of a federal statute that would not allow an individual living in the state who has previously been convicted of a felony involving a controlled substance from receiving benefits under the supplemental nutrition program (SNAP). The bill is currently tabled in committee.

Senate Bill 400 would permit the West Virginia Board of Dentistry to create specialty licenses. The bill would change the specific examination an applicant must pass before being issued a license to practice dentistry. The bill was approved, and was referred to the Committee on Government Organization.

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Senate Presents Senate Resolutions

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Members of the Senate unanimously passed three resolutions prior to second reading, Tuesday, Feb. 5.

Passage of the resolutions follows extensive floor debates concerning Senate Bill 451 last week. No resolutions were passed during floor sessions where discussion and passage of the comprehensive education bill took place.

Senate Resolution 27, which designated Feb. 5, 2019 as West Virginia Alzheimer’s Day, was presented by Sen. Tom Takubo, R-Kanawha, while Sen. Roman Prezioso, D-Marion, presented Senate Resolutions 28 and 29.

The life and career of Joe Retton, a former men’s basketball coach at Fairmount State University was commemorated by resolution 28 and resolution 29 congratulated Doug Nuzum for winning the Earle S. Dillard Insurance Agent of Year Award.

Following resolutions, members of the Senate advanced eight bills to third reading, and of those bills, two received committee substitutes. The committee substitute for Senate Bill 154 would allow for the use of school facilities for funeral and memorial services pertaining to certain community members.

Senate Bills 521 through 532 were also introduced.

  • Senate Bill 523 would prohibit retailers from selling or leasing products that make certain content accessible on internet. 
  • Senate Bill 530 relates to the state employee merit system.

The following committees will meet today:

  • The Senate Heath and Human Resources Committee will meet at 1 p.m. in 451M.
  • The Senate Education Committee will meet at 2 p.m. in 451M.
  • The Senate Committee for Government Organization will meet at 2 p.m. in 208W.
  • The Senate Finance Committee will meet at 3 p.m. in 451M.
  • The Senate Judiciary Committee will meet at 3 p.m. in 208W.

House Industry and Labor Advances Bill to Eliminate Worker Reportage Requirements

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 The House Committee on Industry and Labor met at 10 a.m. on Tuesday, Feb. 5 to consider two pieces of legislation, one of which would strike language requiring workers on state-funded construction projects to report certified payroll information to the WV Division of Labor.

House Bill 2441 would amend current statute which requires the employers working on publicly funded construction projects to submit payroll information containing their employees’ counties of residence, addresses, and the number of employees working on a given project. The bill would strike this requirement, allowing the WV Division of Labor to get needed compliance information from already conducted spot-checks.

Delegate Geoff Foster, R-Putnam, lead sponsor of the bill, argued that the passage would protect the privacy of the employees working on these sites.

“Somebody’s personally identifiable information should not be public information,” Foster said.

House Bill 2441 generated lengthy debate regarding transparency and the legislation’s implication for the West Virginia Jobs Act.

Opponents of the bill, such as Shawn Fluharty, D- Ohio, argued that passage of House Bill 2441 would complicate compliance with the West Virginia Jobs Act, which ensures that public construction projects give employment preference to West Virginia citizens.

“The West Virginia Jobs Act is crucial to keeping jobs in West Virginia,” Fluharty said. “The passage of this bill would make it harder for us to pinpoint where these employees live, where they’re coming from, and it makes it easier for employers to hire illegal immigrants for these jobs instead.”

Other opponents argued that House Bill 2441 reduced transparency regarding state taxpayer dollars.

Delegate Rodney Miller, D-Boone, spoke to the issue of transparency.

“The need for transparency in our state transcends politics, we can agree to the importance of transparency across both sides of the aisle. The public deserves to know what happens with public money. The passage of this bill enhances the ability for these contractors to violate our state code.” Miller said.

Mitch Woodrum, the WV Commissioner of Labor, was available to answer questions pertaining to the bill.

Woodrum testified that while the legislation may perhaps make it easier for illegal immigrants to slip through the cracks and gain these employment positions, that the Division of Labor is committed to conducting spot checks to ensure that West Virginians are getting first preference when it comes to these state projects.

There was a request for the WV Press Association to also answer questions, but the request was denied by the Chair due to time constraints.

Despite heated discussion, House Bill 2441 was approved by the committee, and advanced to the House Committee on the Judiciary for second reference.

The House Committee on Industry and Labor also had a consideration of House Concurrent Resolution 25, a resolution that would request the Joint Committee on Government and Finance to study and analyze the discrepancy between estimates and actual readings of electrical meters. This is due to widespread state complaints regarding electrical meters.

House Concurrent Resolution 25 was unanimously approved by the Committee, and was advanced to the House Floor with the recommendation that it be adopted but first be referenced to the House Committee on Rules.

Senate Finance Hastily Reviews Legislation

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The Senate Finance Committee swiftly reviewed six bills following Banking and Insurance, 4:30 p.m. Monday, Feb. 4.  

The brief meeting followed an extensive floor session which saw the passage of the omnibus education bill.  

Senate Bills 16, 30, 90, 323, 346 and 263 were each reported to the full Senate with the recommendation that they pass. Four pieces of the legislation received committee substitutes from committee members.  

One committee substitute, relating to Senate Bill 90, would transfer the Safety and Treatment Program from the Department of Health and Human Resources to the Division of Motor Vehicles .  

Adam Holley, general counsel for the division, addressed Senators and explained that the program was originally owned by the DMV and later transferred to the DHHR in 2009. Holley contributed the original transfer due to the DHHR being better equipped for handling the program.  

Members also reviewed Senate Bill 323 which would establish a revenue fund in order to support the Department of Agriculture’s improvement to facilities. The bill was originally introduced last year where it passed through the Senate and House and was vetoed by the Governor. 

 

Banking and Insurance Reviews Legislation

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The Senate Committee for Banking and Insurance review four Senate Bills, 3:30 p.m. Monday, Feb. 4.  

Following their agenda, the committee discussed four bills, three of which are committee substitutes, and unanimously motioned to send the legislation to the full body with the recommendation that they each pass. All three of the committee substitutes are double referenced to the Senate Judiciary Committee also.  

  • Senate Bill  47 would exempt nonpaid volunteers at ski areas from receiving workers’ compensation benefits.  

  • Senate Bill 340 would repeal obsolete provisions of the WV Medical Professional Liability Insurance Joint Underwriting Association. 

  • Senate Bill 407 relates to the abandonment and indication of ownership in property held by a financial institution.  

  • Senate Bill 453 relates to background checks of certain financial institutions.

 

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